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1995-02-07506 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call Meeting to order on February 7, 1995 at 7:00 p.m B. Invocation offered by Reverend John Hart; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Noel A. Chandler Councilmember Michael G. O'Connor Councilmember Robert Oliver Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea PAGE 1 OF 9 Mayor Kirk called the meeting to order on February 7, 1995 at 7:00 p.m. Councilmember Watford offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present D. Motion to dispense with the reading and approve the Summary of Councilmember O'Connor moved to dispense with the reading and approve the Council Action for the regular meeting of January 17, 1995. Summary of Council Action for the regular meeting of January 17, 1995; seconded by Councilmember Chandler. Minutes were amended to reflect Councilmember Watford voting "NO" on New Business item number eight. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 507 E. Motion to approve Warrant Registers for December, 1994: General Fund ...... $ 314,482.33 Public Utilities ..... $1,186,373.24 Request for the addition, deferral or withdrawal of items on today's agenda. F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION FEBRUARY 7, 1995 - REGULAR MEETING - PAGE 2 OF 9 Councilmember Watford moved to approve the Warrant Registers for the month of December 1994, in the amounts: General Fund - three hundred fourteen thousand, four hundred eighty-two dollars, thirty-three cents ($314,482.33); and Public Utilities Fund one million, one hundred eighty-six thousand, three hundred seventy-three dollars, twenty-four cents ($1,186,373.24); seconded by Councilmember Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk opened the public hearing at 7:05 p.m. a. Motion to read by title only, and set February 21, 1995 as Councilmember O'Connor moved to read by title only, and set February 21, 1995 as the the public hearing date for Ordinance No. 678 - City Attorney public hearing date for (proposed) Ordinance No. 678. (adopting Volume I of the Land (Exhibit 1). 1 Development Regulations); seconded by Councilmembers Chandler and Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 678 by title only as follows: "AN ORDINANCE ADOPTING CITY OF OKEECHOBEE LAND USE DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE." X X X X X X X X X X FEBRUARY 6, 1995 - REGULAR MEETING - PAGE 3 OF 9 F. PUBLIC HEARING 1. b. Motion to approve the first reading of Ordinance No. 678, III Councilmember O'Connor moved to approve the first reading of (proposed) Ordinance No. 678; seconded by Councilmember Watford. 1. c. Public comments. III Mayor Kirk asked if there were any comments or questions from the public. Keith VanGennip, of Hoover & Associates, appeared before Council and read the following letter from Robbie Hoover who was unable to attend the meeting: "Dear Councilmen, I am writing this letter since I am unable to attend the meeting tonight. I would like to say that I am very much in favor of a set of land development regulations which would promote quality development in the City of Okeechobee. have read the proposed regulations in their entirety and had some comments and suggestions. I have met with your staff and expressed my opinions and suggested some modifications which I felt would be beneficial to all those affected by these regulations. Staff was most cooperative in discussing and addressing my concerns. I look forward to working with the City in this endeavor to create a better Okeechobee." Brenda O'Connor, of the Chamber of Commerce, also addressed the Council in favor of the land development regulations and offered any assistance the Chamber could give to the City in the Downtown Revitalization Project. Mr. Bill Royce, County Planning Director, addressed the Council stating he had read through the City's proposed regulations and felt the pitfalls had been addressed and that it was a good document. Mayor Kirk then asked for comments and/or questions from Councilmembers. 509 F. PUBLIC HEARING c. Public comments. 1. d. Vote on motion. CLOSE PUBLIC HEARING G. NEW BUSINESS 1. Presentation of Civilian Service Award - Mayor Kirk. FEBRUARY 7, 1995 - REGULAR MEETING - PAGE 4 OF 9 Councilmember Watford stated that with the document being so large he had a lot of questions and he felt the Council should set up a workshop to address all questions. Mayor Kirk commented that a workshop would be in order and he agreed that there was probably more questions from other Councilmembers. Mayor Kirk directed Clerk Thomas to advertise a workshop for Monday, February 13, 1995 at 7:00 p.m. Vote on motion to approve first reading is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7: 14 p.m. Mayor Kirk requested that Mrs. Janice LeVin come forward to the podium; he then read a letter of commendation to her and presented to her a Civilian Service Award for her help in alerting the Okeechobee City Police Department of a kidnapping. Mrs. LeVin thanked the Mayor and Council for their recognition. 2. Hear from Mr. Lester Jennings regarding his water bill III Mr. Jennings was not present. Lester W. Jennings (Exhibit 2). X X X X X 510 FEBRUARY 7, 1995 - REGULAR MEETING - PAGE 5 OF 9 G. NEW BUSINESS 3. Hear from Mr. Chris Close regarding an apartment complex - Mr. Chris Close, Mr. Tom Murphy and Engineer Mosley Collins appeared before the Chris Close (Exhibit 3). Council and presented a rough draft drawing of a proposed seventeen unit apartment complex they would like to construct in Block 154, City of Okeechobee, two blocks South of City Hall. The property, excluding the West one-half of Lot 2 and all of Lot 3, is owned by Mr. William Rooks. Mr. Close requested direction from the Council as to who to see for water and wastewater service availability and any proposed paving for the area. Mayor Kirk informed Mr. Close that the parties involved must meet with the City's Public Utilities Director Jones and Public Works Director Elders for answers to their questions and that only the final proposed drawing was to come before Council for its consideration and approval. Mr. Close thanked the Council for the information. No further discussion or official action was taken on this item. 4. Motion to approve a final pay request to G.E. French Councilmember O'Connor moved to approve final pay request number one to G.E. Construction in the amount of $18,673.70 - Director of Public French for eighteen thousand, six hundred seventy-three dollars, seventy cents Utilities (Exhibit 4). ($18,673.70) for a gravity sewer installation at Southwest 17th Street as recommended by Public Utilities Director Jones; seconded Councilmember Oliver. Council discussed the fact that the pay request does not reflect the amount withheld for the rental of the well point system and instructed Public Utilities Director Jones to have the amount of $20,403.70 amended to $18,673.70 and initialed by Mr. French before he receives his check. Director Jones responded that he would take care of it. 511 FEBRUARY 7, 1995 - REGULAR MEETING - PAGE 6 OF 9 F. NEW BUSINESS 4. G.E. French pay request continued: 111 Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 5. Motion to approve a partial pay request to CenState in the Councilmember Watford moved to approve partial pay request number two to CenState amount of $37,484.52 - Director of Public Utilities (Exhibit 5). Contractors in the amount of thirty-seven thousand, four hundred eighty-four dollars, fifty-two cents ($37,484.52) for Northeast 6th Avenue, Southeast 7th Street and Big Lake National Bank Lift Stations as recommended by Engineer Willard of Knepper and Willard, Inc.; seconded by Councilmember O'Connor. Councilmember O'Connor asked Public Utilities Director Jones to check to see if it is CenState's trucks that are messing up the median in front of Big Lake National Bank and stop it, if it is. He also questioned the hold up on the project. Director Jones explained they were waiting on pumps to come in and they are going to move the water line on President's Day so as not to disturb business at the bank. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X 512 FEBRUARY 7, 1995 - REGULAR MEETING - PAGE 7 OF 9 G. NEW BUSINESS 6. Motion to approve a partial pay request to CenState in the Councilmember Watford moved to approve partial pay request number eleven to amount of $70,956.40 - Director of Public Utilities (Exhibit 6). CenState Contractors in the amount of seventy thousand, nine hundred fifty-six dollars, forty cents ($70,956.40) for water distribution system improvement as recommended by Engineer Jensen of Reese, Macon and Associates; seconded by Councilmember Chandler. Councilmember Watford questioned why the amount of retainage was crossed out. Engineer Reese explained that the retainage is on the final phase only; and that he does not have any problem with this request. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 7. Motion to approve Change Order 1 to Trio Development Councilmember Watford moved to approve Change Order number one to Trio Corp. - Director of Public Utilities (Exhibit 7). Development Corp. for increase in contract time for the Raw Water Pump Station Rehabilitation as recommended by Engineer Jensen of Reese, Macon and Associates; seconded by Councilmember Oliver. Councilmember Watford questioned that all this change order was for is a time extension and asked if the story that Trio gave was logical? Public Utilities Director Jones and Engineer Reese concurred that the story was logical. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X 513 FEBRUARY 7, 1995 - REGULAR MEETING - PAGE 8 OF 9 G. NEW BUSINESS 8. Motion to approve a final pay request to Trio Development Councilmember Watford moved to approve number three and final pay request to Trio Corp. in the amount of $14,318.70 - Director of Public Development Corp. in the amount of fourteen thousand, three hundred eighteen dollars Utilities (Exhibit 8). seventy cents ($14,318.70) for Raw Water Pump Station Rehabilitation as recom- mended by Engineer Jensen of Reese, Macon and Associates; seconded by 11 Councilmember Oliver. Councilmember Watford asked for clarification, the time extension that we just granted in the previous item was just a formality, the pumps are in and working? Engineer Reese stated that was correct. Engineer Reese also responded to the question that this pay request reflects the retainage and a little more and that is why it is also request number three. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 9. Motion to approve a final pay request for Butler Construction Councilmember O'Connor moved to approve a final pay request to Butler Construction in the amount of $41,550.73 - City Attorney (Exhibit 9) in the amount of forty-one thousand, five hundred fifty dollars, seventy-three cents ($41,550.73) forthe Groundwater Treatment Plant as recommended by Engineer Reese of Reese, Macon and Associates and Attorney Cook; seconded by Councilmember Oliver. Council discussed a letter from Attorney Cook concerning Butler and one of their sub- contractor's, Windem ueller, are at a dispute over this project. The City is releasing all monies to Butler and letting them handle it since Windem ueller is not filing a suit against the City and the project has been completed for six months. X X X X X VA 514 G. NEW BUSINESS 9. Butler Construction's pay request continued: FEBRUARY 7, 1995 - REGULAR MEETING - PAGE 9 OF 9 Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 10. Update on S.R. 70 widening project - Councilman Michael Councilmember O'Connor explained that he attended the public hearing held by the O'Connor (Exhibit 10). Department of Transportation at the Okeechobee High School concerning the widening of State Road 70 West. He stated the City's position again. The County also had representation there and stated their position. The County then passed a resolution to agree with the City's position of one way streets for the widening project. ADJOURNMENT Mayor Kirk. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceedings is ma which record includes the testimony and evidence upon which the appeal is toebas '— James E. K rk, Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk... Council thanked the County for their help in joining the City to uphold the citizen's request for this widening project. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:59 p.m. X X X X X 0 {ej Ll t/ Jam/) 0; Lfin KID_ n/a si/a O'CO bud& WA'TFORD CARRIED DENIED AN ORDINANCE ADOPTING CITY OF �EVELOPMF.IdT DESIGN AND AGO FORE .. FOR SEVERABII„TTY; PROVIDING l � ORDINANCES; AND PROVIDING FOR AN u .Qa Lkc wl 2d _ IC1RR _' n/a n/a o,c� °n U MA OKEECHOBEE LAND IN(i. IT STANDARDS; PROVID REPEAL OF CONFLICTING aFFECTWE DATE. �,�� . �C d I _ -- // � V . _ _` ' � `� F ,��II�'- � , W �C - `� �� J �/ , 1. PWakhi-IL eAlUdibn ,j Aud'd - mayaqfak ra i�i ce�u brio CE�2 n LJ ,tigaract ig a„ amvr.,zut �(uc fE•3). Cis �7 ail lK.e7,- .� r; ovo o0cp xw_ A 4h a) 61+ cSW /'� cliff rr�4edd ro 4'EFk�h he °� Q ��4l�f/ 6P.u�3►" KIRK I n/a I n/a O'CONNOR WATFORD CARRIED / DENIED :$un #rq.62 (Co. 5� s v . vi / ��...� .-�/Ka l KIRK n / a n / a ,. rr �'��l !�b^et Q,�1lXY� — W� 0CONNOR — WATFORD p� CARRIED / DENIED ?UADe 'sir 4 &,.%k ssyr�r.� Tm�eu�x� KIRK I n/a I n/a O'CONNOR WATFORD ✓I L CARRIED / DENIED �o uc gnat A 70reor m. �.9 lnol�iieic �a ut AA* 0.1 posy �u arc *41stow.—r5 QRBtiNd ltht(rc A ii A Tkw �wqata SAA�i 4/o6. 1 KIRK 1 n/a I n/a 11 1 1 1 O'CONNOR WATFORD / DENIED KIRK I n/a I n/a O'CONNOR'l I 1 11 1 1 WATFORD cqt..� w Gll7�c� ( CARRIED// DENIED ' Al— �-- �.b. *dat4 an 70 ' tutdencrig pic)jt& - bus. Y�e�.�✓.�.✓'�, �-�1 �.`~'- �.--��7''�"t= � �.�.. AG 04 w 0 aura' r as yes n-c Ce M��✓�2c�i� �Yl�u� /X,aq&4qV6 a olmold Cc CN mcu�ct � c�co�.�cn�e q nCiAlt //17/G�; �nct� v W(Lifbild Uo*d. re . 641.) ..: r y �0 Crjmcu �kt erg Vt and 1-5/1/; qrZ 33 o /q / `� o 1 1 4,t m pM 0480 5 � 7: 00130,, � /►taya �, p4UA4 oil �j-i Co- k-eaoE Od 67 $ 6j J Wt N 4,9,0%. AN ORDINANCE ADOPTING CITY OF OKEECHOBEE LAND USE DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. NW - z4ga 4) 6 A� d MOW, hMa a+"ovaD• 44 Y.4 kiots. wu-J, h444 olop ZkC6 ljti Au� a 'a OLPAWPUaik JLY-t oU % U.Ad k.o*o' (mo0-#- SALL �a D'unnalj 4wttodj had dil()o I- JK yeb II "�V� s� c+n-� - m�� 4th 13w. � �� fpk �Jtlo 7J�S/ kt5s rn oL 00 ear Arj*kd auiatat J Z. V� 0 brie TWA r1'1" elo5t/ 'Vow,�C/7 au PaAm Audu coxccfi&V. P,�,oa-, ,P.�a�'S is fiyvi� A)C�ha� c on pr*jts It &+UAW ft,,JAAJ, ooxt � 30m, O.V& U31 t�x� y�5euoiei` y&a Adp _�l��d'l�j V-�5 �s mare. uharusv►5 a� , A g� +o bL a rmd CLu Jwa / G�icK B4dHt- mo - r-aad I . - . -4+---- __ _.. . • I'llk 0�, 4. 1,� � MO i,-fy)aoJ /z) JA40ql-�- 4keueji Pcc S, Cc7�). 70 &,k Q T a-t7c Cif 6W /�4< �co/�a^� � end �� (` Rt! (W-6 - h -k" 1 0 ^jk .7 ev � ) t6 pa- 0 mac pay �c9�ca�od,/ l�,v�y�77'so .. UwS dtdw Uu CLU ',�Ic� y0tit�, k�Al�oc�e;tJ� Ap "7 ku �Valx & u --2 � & C( ��_ N whc� h�ol�d ups WSJ Wow uay An purxpb �c wW" �o 16M.rnou a. 1. . o�. Pad a .mod au . . r UY%LLK5 UA.1 014 YkA1 �SC�.40 oJa-c dcof. �S�C� r� �5, Cl Sal10 6,) pion &AkeAk. I` • 1 I!. ,I . 7 L D) i-n0u' . mac'1(,5, , �� utud,�,t, ram. 4o-4 • 9ug IA �OQ 6 w�> a�pc", cs* - JIB + Z) Leowe-, pa au Lyb W WAA �* 0" c �yl55� i3 �t �i�ou_u�c�Ltt�� PLG,�� keCCm�nC�E° IL� 2n1�2c " � C� v rOAr�C�u it �C�a-Efl eu cSR 7l� G�i�cnrh�' �2�,�,Cf _ rQ} �, pq wo-,� o da('� a. eat way W oj t �� jA� QxwLv)ul- 66b - �:59 CITY OF OKEECHOBEE CITY COUNCIL MEETING OFFICIAL AGENDA A Call Meeting to order on February 7, 1995 at 7.-W p.m. . B. Invocation offered by Reverend John Hart Pledge of Allegiance led by Mayor Kirk C Mayor and Council Attendance: Mayor James E. IGrk Councilmember Noel A Chandler Councilmember Michael G. O'Connor Councilmember Robert Oliver Councilmember DoWling R. Watford, Jr. Staff Attendance: City Attomey Cook City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea Of January 17, 1995 approve the Summary of Council Action for the regular meeting E Motion to approve warrant Registers for December, 1994 General Fund $ 314,482.33 Public Utilities $ 1,186,373.24 REQUEST FOR THE ADDMON, DEFERRAL OR WMIDRAWAL OF ITEMS ON TODArS AGENDA F OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 11 1. a Motion to read by title only, and set for February 21, 1995 as a public hearing date, Ordinance No. 678 - City Attorney (E-1) b. Motion to approve the first reading of Ordinance 678 c. Public Comment d. Vote on motion CLOSE PUBLIC HEARING NEW BUSINESS 1. Presentation of Civilian Service Award - Mayor Kirk 2. Hear from Mr. Lester Jennings regarding his water bill - Lester W. Jennings (E-2) 3. Hear from Mr. Chris Close regarding an apartment complex - Chris Close (E-3) 4. Motion to approve a final pay request to G.E French Construction in the amount of $18,673.70 Director of Public Utilities (E-4) 5. Motion to approve a partial pay request to CenState in the amount of $37,484.52 Director of Public Utilities (E-5) 6 Motion to approve a partial pay request to CenState in the amount of $70,956.40 Director of Public Utilities (E-6) 7. Motion to approve Change Order 1 to Trio Development Corp. - Director of Public Utilities (E-7) 8. Motion to approve a final pay request to Trio Development Corp. in the amount of $14,318.70 Director of Public INI ies (E-8) 9. Motion to approve a final pay request to Butler Construction in the amount of $41, 550 73 City Attomey(E--9) 10. Update on S.R. 70 widening project - Councilman Michael O'Connor (E-10) 0 ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE T ES77MONYAND EVIDENCE UPON WHICH THE APPEAL IS BASED • Office of MEMORANDUM TO: Mayor & Councilmembers THRU: John J. Drago, City Administrator FROM: Bonnie S. Thomas, City ***************************************************** As requested by the Mayor at the Council meeting of enclosing herewith a copy of the letter from Robbie I to you concerning the City's Land Development Reg If I may be of further assistance on this or any other call me. Thank You!! /1g City Clerk & Personnel Director DATE: February 8, 1995 SUBJECT: Letter- R. Hoover ary 7, 1995, I am , which was read of record please • Hoover and Associates, Inc. Engineering . Land Surveying . Mapping . Planning February 7, 1995 Okeechobee City Council 55 S.E. 3rd Avenue Okeechobee, FL 34974 Dear Councilmen, I am writing this letter since I am unable to attend the meeting tonight. I would like to say that I am very muph in favor of a set of land development regulations which wou d promote quality development in the City of Okeechobee. I have read the proposed regulations in their entirety and had some comments and suggestions. I have met with your staff and expressed my opinions and suggested some modifications which I felt would be beneficial to all those affected by these regulations. Staff was most cooperative in discussing and addressing Tay concerns. I look forward to working with the City in its a better Okeechobee. Sincerely Robert R. Hoover 421 N.W. Third Street Okeechobee, Florida 34972 endeavor to create Phone: 413 13)763-8999 Fax: 763-6692 0 ORD~QE N0.678 E-1 AN ORDINANCE ADOPTING CITY OF OKEECH BE LANE DEVELOPMENT DESIGN AND IMPROVEMENT STAND RDS; PROMO y FOR SEVERABILITY; PROVIDING FOR RBPBAL F CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Chapter 163 F.S. requires local govennnents to adopt localregulations that implement adopted Comprehensive Growth Management Plans; WHEREAS The City of Okeechobee has adopted a Comprehensive Growt i Management Plan in accordance with Chapter 163 F.S. entitled City of Okeechobee Comprehensive Plan; at d WHEREAS The attached standards to be adopted by reference partie requirements to adopt local regulations and standards consistent with ZITtynentiWnglthe City oft Okeechobee the Chaper 163 F.S. Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY Co NCIL OF THE CITY OF OKEECHOBEE, FLORIDA, in regular session as follows: ectionI The attached document entitled "City of Okeechobee, F orida Unified Land Development Code, Land Use, Development Design and Improvement Standards" Sections 1.00.00 through 1.18.00 (hereinafter referred to as the regulation) is hereby made part of this ordinance and adopted by reference. Sect= Severability Clause: Should any provision or section o this ordinance or the regulations adopted by reference and attached to this ordinance be held by a court of competent jurisdiction to be unconstitutional and invalid, such decision shall not affect the validity of thi9 ordinance of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitu Ional or invalid. Section 3 All other ordinances or parts of ordinances in regulations adopted by reference are hereby repealed. Section This ordinance shall take effect upon adoption by the Introduced for first reading and set for final public hearing this James E. Kirk, Mayor ATTEST: Bormie S. Thomas, CMC City Clerk Passed and adopted on second reading and final public hearing this James E. Kirk, Mayor ATTEST: Boiude S. Thomas, CMC City Clerk with this ordinance or the Council. day of , 1995. day of , 1995. CITY OF OKEECHOBEE, FLO UNIFIED LAND DEVELOPMEN71' CODE Land Use, Development Design, and Improvement Standards CITY OF OKEECHOBEE UNIFIED LAND DEVELOPMENT CODE LAND USE, DEVELOPMENT DESIGN, AND IMPROVEMENT STANDARDS TABLE OF CONTENTS Section Page No. 1.00.00 GENERAL PROVISIONS .................................. 1 1.01.00 AUTHORITY...........................................1 1.02.00 APPLICABILITY........................................1 1.02.01 GENERAL APPLICABILITY ........................ 1 1.02.02 EXCEPTIONS .................................. 1 1.03.00 GUIDE FOR USERS ...................................... 2 1.03.01 THE INTEGRATION OF UNIFIED LAND DEVELOPMENT REGULATIONS .................... 2 1.03.02 CHECKLIST FOR PREPARATION AND REVIEW OF DEVELOPMENT PROPOSALS ................... 2 1.03.03 DESCRIPTION OF DEVELOPMENT REVIEW PROCESS ... 8 1.04.00 FINDINGS ............... ...........................10 1.04.01 GENERAL FINDINGS ........................... 10 1.04.02 SPECIFIC FINDINGS RELATING TO THE VARIOUS SUBJECT AREAS OF THIS CODE .................. 10 1.05.00 INTENT .............................................. 15 1.05.01 GENERAL INTENT ............................. 15 1.05.02 SPECIFIC INTENT RELATING TO THE VARIOUS SUBJECT AREAS OF THIS CODE .................. 16 1.06.00 RELATIONSHIP TO COMPREHENSIVE PLAN ............... 20 1.06.01 GENERALLY .................................. 20 1.06 02 SPECIFICALLY ................................ 20 1.07.00 INCORPORATION BY REFERENCE ........................ 22 1.08.00 RULES OF INTERPRETATION .. .................. - • • • • • 23. City of Okeechobee R Previously Approved Development Orders Projects with development orders that have not expired amendment thereto is adopted, and on which developme does commence and proceeds according to the time limits the development was originally approved, must meet i regulations in effect when the development plan was appn expires or is otherwise invalidated, any further developme in conformance with the requirements of this Code or an C. Consistency with Plan Nothing in this Section shall be construed to authorize with the City comprehensive plan. 1.03.00 GUIDE FOR USERS 2 1.03.01 The Integration of Unified Land Development Unified Land Development Code the time this Code or an activity has commenced or the regulations under which iy the requirements of the !d. If the development plan on that site shall occur only dment thereto. that is inconsistent Under this Code, all development is treated in the manner that onl Planned Developments were treated in the past. Thus, all commercial devel ent and all idential deve the building of a dwelling on a lot of record, must o throu a view similar to tb -at iaients are now applied to all In short, this Code establishes an integrated set of site design cr teria and development review procedures. This integration results in a different layout and an u ifiamiliartable of contents, but should, as familiarity with the code increases, result in a much t iore streamlined and effective land development regulatory system. 1.03.02 Checklist for Preparation and Review of Every attempt has been made to make this Code as easy as I developers and local government staff to use. The Sections are a the process by which a developer would start with a parcel approved development. This same ordering provides a checklist and staff who are reviewing a proposed development for comp The ordering and checklist are as follows: Proposals Able for interested citizens, aged in an order that reflects land and conclude with an moach for interested citizens ice with code requirements. -2- 1 01/16/95 City of Okeechobee Unified Land Development Code LAND USE, DEVELOPMENT DESIGN, AND IMPROVEMENT STANDARDS 1.00.00 GENERAL PROVISIONS This Code shall be entitled the "City of Okeechobee Unified Land Development Code" and may be referred to herein as the "Land Development Code" or "Code." 1.01.00 AUTHORITY This Unified Land Development Code is enacted pursuant to the requirements and authority of § 163.3202, Florida Statutes, (the Local Government Comprehensive Planning and Land Development Regulation Act), and the general powers in Chapter 166/125, Florida Statutes. 1.02.00 APPLICABILITY 1.02.01 General Applicability Except as specifically provided below, the provisions of this Code shall apply to all development in the City, and no development shall be undertaken without prior authorization pursuant to this Code. 1.02.02 Exceptions A. Previously Issued Development Permits The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if: 1. The development activity authorized by the permit has been commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this Code but within six months of issuance of the building permit; and 2. The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto. -1- 01/16/95 City of Okeechobee Unified Laud Development Code General Provisions This Section contains general provisions necessary to determine the applicability of the Code and to ensure the Code's legal validity. Section 1.02.00 above, "App 'cabslity," establishes which development must comply with the requirements of this Code. Certain development activities are not covered if they are authorized by previously approved development plans. Thus, an initial question is whether proposed development activity is cove by this Code or by rules in effect prior to the adoption of this Code. Once a determination is made that this Code applies, this User's Puide should be reviewed in order to gain an understanding of how the Code works. The re der of Section I need not be reviewed unless a question of intent, interpretation or validity of regulation arises. Land Use Districts The first question regarding the development of any site is w t use, and what density or intensity of that use, is allowed on the site. This Section provides the answer to this question. The following is a checklist of provisions that should be consulted with regard to a development proposal: In what land use district is the development site Map of the Comprehensive Plan. What uses are allowed in that district. See If a residential development is to be proposed, (dwelling units per acre). See Section 1.13.03C If a commercial development is to be proposed, vi (floor area ratio) of the development. See Section Overlay and Floating Zones See the Future Land Use 1.13.03. is the allowable density 10 t is the allowable intensity 13.04. Once the use, and its intensity and density, have been determined for a site, it must be determined whether the site is within an overlay district. For example, if the site is within Central Business Overlay Zone certain added development restricts ns or exemptions may apply. This Section contains all overlay districts that might affect a site. The following is a checklist of provisions that should be consulted with regard to a developm t proposal: Does the proposed activity involve a house to be us as a Group Home? See the Group Home Floating Zone in Section 1.14.06. -3- 1 01/16/95 City of Okeechobee Unified Land Development Code Is the proposed activity within the Central Business Overlay Zone? See Central Business Overlay Zone in Section 1.14.02. Is the proposed activity in the Taylor Creek Overlay Zone? See Section 1.14.03 Consistency and Concurrency Determinations The final question to be answered with regard to whether the use, and density or intensity of that use, is appropriate for the site is whether the consistency and concurrency requirements are met. In order for the concurrency requirement to be met, each development proposal must show that adopted levels of service for certain public facilities and services will not be degraded by the impact of the development. The following is a checklist of provisions that should be consulted with regard to a development proposal: Is the development (except for concurrency) consistent with the comprehensive per? Is the general concurrency requirement met? See the concurrency review requirements of Volume IV. Specifically: Will the proposed development use potable water? Will the proposed development create wastewater? Will the proposed development increase traffic on surrounding streets? Will the proposed development create solid waste? Will the proposed development create a need for public recreation? Resource Protection Standards Once the use, and the density and intensity of that use, is determined for a site, the next question is whether any portions of the site must remain totally or partially free of development activity. This Section prescribes those areas and the restrictions that apply within them. The following is a checklist of provisions that should be consulted with regard to a development proposal: Does the site contain protected trees, or a Canopy Road, as defined in the Code? See Section 1.15.01. -4- 01/16/95 City of Okeechobee Does the site contain wetlands, or other enviromnt in the comprehensive plan? See Section 1.15.02. Is the site near a major wellhead as defined in the Does the site contain land in the Flood Hazard Development Design and Improvement Standards Unified Land DmWpment Code sensitive lands described See Section 1.15.03. ? See Section 1.15.04. Once the developable portions of the site have been determined, the next question is how the actual development will be designed and what improvements will be required. This Section 1.16.00 contains standards, for controlling the design of the development so that maximum public benefit is realized. The following is a checklist of provisions that should be consulted with regard to a development proposal: Will the development involve the subdivision o� land? See Volume III for minimum lot area requirements and platting prose ures. Will the development contain buildings or other!m#ervious surfaces? See Section 1.16.01 C for impervious surface coverage requi ents. Will the development contain buildings or other st ctures? See Section 1.16.01D for building setback requirements. Will the development contain streets, parking or Other vehicle use areas? See Sections 1.16.02 and 1.16.03. See Section 1.16.02B for street layout, design and] right-of-way requirements. See Section 1.16.02C for sidewalk and bikeway See Section 1.16.02D for access requirements. See Section 1.16.03 for off-street parking and loaffing requirements. Will the development involve the installation of utilities? See Section 1.16.04 and Volume H for installation and design standards. Will the development occur in the following Ove#ay Districts or Zones? Taylor Creek (See Section 1. -5- 1 01/16/95 City of Okeechobee Unified Land Development Cade Western Theme (See Section 1.14.07) Historic District (See Section 1.14.01) Groundwater Recharge (See Section 1.14.05) Central Business (See Section 1.14.02) Will the development affect the quality or quantity of stormwater runoff from the site? See Section 1.16.05 for stormwater management requirements. See Section 1.16.06 for landscaping requirements. Is the development adjacent to a street or use such that a buffer must be provided? See Section 1.16.06B for buffer requirements. Accessory Structures and Uses This Section creates the standards for the creation, placement and construction of accessory structures or uses. The following is a checklist of provisions that should be consulted with regard to a development proposal: Is a satellite dish antenna to be installed? See Section 1.17.01G. Is a storage building, private garage, gazebo or greenhouse to be installed? See Section 1.17.01H. Is a swimming pool, hot tub, screen enclosure or similar structure to be installed? See Section 1.17.01I. Is a fence/or fence wall to be installed? See Section 1.17.01J. Is a dock or pier to be installed? See Section 1.17.01 K. Is a seawall/rip-rap or similar structure to be installed? See Section 1.17.01L. Is a hardcourt recreational facility to be installed? See Section 1.17.01 M. Signs This Section provides standards and prohibitions relating to signs. The following is a checklist of provisions that should be consulted with regard to a development proposal: -6- 01/16/95 City of Okeechobee Unified Land Dove lapment code Prohibited signs are listed at Section 1.18.01. Exempt signs are listed at Section 1.18.02. Regulations relating to temporary signs are at Section 1.18.03. Regulations relating to permanent accessory signs �re at Section 1.18.04. The way in which measurement determinations, d.g., sign height and size, are made is covered in Section 1.18.09. Regulations relating to the design, construction and �ocation of signs are in Section 1.18.10. Hardship Relief This Section provides several avenues for seeking relief from requirements in this Code that create an undue hardship. The following is a checklist of provisions that should be consulted with regard to use of land: Is the existing land use a nonconforming use in rq Mrd to the use regulations in 1.13.03 and/or the development design and impro ement standards in 1.16.00? See Volume IV. In regard to proposed development, is relief sought from the strict application of a development design standard? See Volume IV. In regard to proposed development, is relief sought fom the resource protection standards through the use of clustering? See SectIo4 Volume IV. Boards and Agencies - At this point in the Code, all substantive provisions relating development site have bees covered. If the decision to proceed procedures for development review in Volume W must be followo become familiar with the boards and agencies involved in that sections which establish and describe the following boards and a Planning Board. Board of Adjustment and Appeals. Code Enforcxment Board. the use and design of a development is made, the First, however, one should iew. Volume IV contains City of Okeechobee Administration and Enforcement Unwed Lud De+ Wpment Code Volume IV has a section which sets out the procedures for malting land use decisions. Most importantly, it sets out the procedures for reviewing development plans to determine their compliance with code requirements. The following is a checklist of issues that should be considered with regard to a development proposal: Is the proposed activity "development" as defined in the Code? See Section 1.09.00, Definitions If the proposed activity is development, must a Development Site Plan showing the proposed development be approved prior to the issuance of a construction permit? If a Development Plan is required, is the proposed development a Minor Development or a Major Development If the proposal is a Minor Development, follow the minor review procedures. See Section 1.03.03 If the proposal is a Major Development, follow the major review procedures. See Section 1.03.03. Is the development to be built in phases? Does the development proposal require an amendment to the comprehensive plan or land development code? Is an appeal of a decision by the City Administrator, sought? The neat section contains charts showing the development review process for Major and Minor Developments. 1.03.03 Description of Development Review Procedum The development review process is that process by which the design of the development is reviewed to determme whether it complies with the requiremers of the Code. Development plan review is required for all development activity except the construction of a dwelling on a lot of record and other very minor development activity such as the insMiladon•of a sign or the removal of a protected tree. There are two processes for major development review: 1) the site plan review process for major development that does not involve the subdivision of land (ie: -8- oui6vs City of Okeechobee commercial shopping center, individual complex, multi -family development that involves the subdivision of land. As shown in t the steps are optional for Minor Development, but all are mandai FLOW CHART FOR MAJOR DEVELOPMENT Site Plan Pre -Application 0 Dever Conference * Staff Preliminary • Devel Development Plan • Staff ' Review *city t Final Development •Deve Plan Review a Staff Construction • Deve Permit *Staff vied r=a DevetopmaU cede ,velopment); and 2) major flow charts below, some of r for Major Development. ,AN REVIEW Subdivision Aparoval For the subdivision review and approval process see Volume III of the Unified Land Development Code. FLOW CHART FOR MENOR DEVELOPMENT Pre Application •Deve Conference •Staff Final Development • Deve Plan Review • Staff Construction a Deve Pemait *Staff -9- 1 ow6m City of otewbobee 1.04.00 FINDINGS 1.04.01 General Findings A. Statutory Requirement Unirwd rand Development Code Chapter 163, Florida Statutes, requires each Florida local government to enact a single land development code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for the City. B. General Public Need Controlling the location, design and construction of development within the City is necessary to maintain and improve the quality of life in the City as more fully described below. 1.04.02 Specific Findings Relating to the Various Subject Areas of this Code With regard to the following specific subject areas of this Code, the City Council finds; A. Administration and Enforcement 1. A single set of administrative procedures for malang all land use decisions promotes efficiency, predictability and citizen participation 2. All development proposals and permit applications should undergo a review process to assure compliance: with the requires of this Code. 3. A pre -application conference requirement enhances communication and understanding between the City and the Developer thereby improving the efficiency, of the development review process. 4. Developments with potentially large impact on the community should go through a more rigorous review process than others. 5. Review of planning decisions should be independent of review of land development decisions to avoid ad hoc planning on a site -by -site basis. 6. All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review... - 7. A quick, efficient and non -political avenue of appeal should be available for all -10- ours City of Okeechobee E. outdoor areas more comfortable during f. making the built environment more att shape and pattern and thus increasing i property; g. providing attractive buffering between h. abating noise. 3. Because native vegetation is adapted to local d is generally more economical and desirable than pesticide, fertilizer and water. 4. Exotic vegetation can crowd out native the environment from increased use of 5. Because some trees are more beneficial than protection may be obtained without preserving Off -Street Parking and Loading 1. Off-street parking and loading of vehicles prorr by reducing traffic congestion. 2. Well -designed off-street parking and loading storage, loading and circulation of vehicles. Unified Land Development Code warm months; ve by adding variety of color, nunity pride and the value of land uses; and, pests, soil and climate, it species which require more a, use more water and damage and pesticides. , the public benefits of tree and every tree. the public safety and welfare the safe and efficient 3. Deferring the construction of some parking are is pending determination of the actual need for parking spaces, and taking into amount public demand and the size of vehicles to be parked, conserves open space a id developable land, and reduces the expense and hazard of controlling stormwat r runoff. Allowing the use of porous paving materials and unpaved parking areas whenever possible conserves water and energy, moderates he microclimate and reduces the expense and hazards of controlling storm water runoff. Stormwater Management 1. Increased stormwater runoff may cause erosion and pollution of ground and surface water with a variety of contaminants such as heavy metals and petroleum products. -12- 1 01/16/95 City of Okeechobee ministerial and administrative decisions. Unified Land Development Code 8. Enforcement of development orders and the provisions of this Code should be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law. R Signs 1. The manner of the erection, location and maintenance of signs affects the public health, safety, morals and welfare of the people of this community. 2. The safety of motorists, cyclists, pedestrians and other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers. 3. The size and location of signs may, if uncontrolled, constitute an obstacle to effective fire -fighting techniques. 4. The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds. 5. Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community. C. Landscaping and Tree Protection 1. Landscaping and buffering development with trees and other vegetation promotes the health, safety and welfare of the community to such an extent as to justify the imposition of landscaping and buffering requirements. 2. Trees and landscaping benefit the community by: a. absorbing carbon dioxide and returning oxygen to the atmosphere; b. precipitating dust and other particles from the air, C. providing wildlife habitat, particularly for birds which in turn help control insects; d. providing soil stabilization which reduces erosion and mitigates the effect of flooding; e. providing shade which reduces energy consumption and glare and makes -11- 01/16/95 City of Okeechobee F. 2. Stormwater runoff often contains nutrients, which adversely affect flora and fauna by acc waters. 3. Erosion silts up water bodies, decreases their interferes with navigation and damages flora Unified Land Development Code as phosphorus and nitrogen, rg eutrophication of receiving ;ity to hold and transport water, fauna. 4. Installation of impervious surfaces increases the volume and rate of stormwater runoff and decreases groundwater recharge. 5. Improperly managed stormwater runoff increa the incidence and severity of flooding and endangers property and human life. 6. Improperly managed stormwater runoff alters th� salinity of estuarine areas and diminishes their biological productivity. 7. Degradation of ground and surface water im ses economic costs on the community. 8. 80 to 95 percent of the total annual loading of most stormwater pollutants discharged into receiving waters are concentrated in the flush created by the first one inch of rainfall Cfirst flush', and carried off -site in the first one half inch of runoff. 9. Improperly managed stormwater adversely affects Floodplain Protection 1. Flooding is natural. 2. Naturally flood -prone lands serve the following hydrologic cycle and ecological system: a. They provide natural storage and convey b. They facilitate groundwater recharge. C. They provide temporary storage of surf elevations and the timing, velocity and n d. They reduce erosion and filter nutrients, from flood waters. e. They export detritus and other food sourc vital habitats for fish, birds, wildlife and drainage of off -site property. fimctions in the regional of flood waters. waters that moderate flood of flood discharges. diments and other pollutants to open water bodies and are ive plant communities. -13- 01/16NS City of Okeechobee Unified Land Development Code 3. Naturally occurring flooding may provide recharge to groundwater and a basic source of flow to surface waters. 4. The uncontrolled development of flood -prone lands substantially degrades the health, safety and welfare of the community in the following ways: a. The owners, residents, customers, guests and employees occupying homes, businesses and other structures located in flood -prone areas are placed at unreasonable risk of personal injury and property damage. b. Expensive and dangerous search, rescue and disaster relief operations may be necessary when developed properties are flooded. C. Roads, public facilities and utilities associated with development may be damaged by flooding at great expense to taxpayers and rate payers. d. Flooding of developed properties may lead to demands that the government construct expensive and environmentally damaging projects to control flood waters. e. Normally flood -free lands are placed at risk of flooding when flood waters on natural flood -prone areas are obstructed, diverted, displaced or channelized by development. f. Water quality is degraded, the supply of freshwater to estuaries is disrupted and habitat is lost. g. Property values are lowered and economic activity is disrupted by damaging floods. G. Protection of Environmentally Sensitive Lands 1. Protection of environmentally sensitive lands described or mapped in the Conservation or Future Land Use Elements of the Comprehensive Plan promotes the well being of the people of the City as described below and in the Conservation Element. 2. Wetlands serve the following beneficial functions: a. Wetlands provide natural storage and conveyance of flood waters and minims erosion and sedimentation by reducing flood flows and the velocity of flood waters. b. Wetlands, protect wildlife and shoreline from destructive wave action. C. Wetlands filter and help decompose sediments, nutrients and other natural and man-made pollutants that would otherwise degrade surface and ground waters. d. Wetlands support commercial and recreational fishing because they provide essential nutrients and hatcheries for aquatic life. -14- 01/16/95 Gty of Okeechobee I Unirwd Land Development Code e. } Wetlands provide habitat for rare and endangered species and provide essential breeding and protective habitats for many other birds, mammals and reptiles. f. Wetlands recharge ground and surface water. 3. Shorelines serve the following beneficial functions a. Land adjoining waters or wetlands, which generally be divided into submergent, transitional and upland vege tion zones provide essential habitat for many plant and animal speci , including species that are endangered, threatened or of special cone b. Submergent, transitional and upland vege 'on zones serve as effective buffers against noise and other human activ. ties which may have adverse affects on aquatic and wetland -dependent w Idlife. C. Submergent, transitional and upland vegetati n zones help slow stormwater runoff flows and increase infiltration of water, nutrients and other substances. 4. Development activities have destroyed or impaired the beneficial functions of many environmentally sensitive lands in the City. 1.05.00 INTENT 1.05.01 General Intent With regard to this Land Development Code in general, it's pro ions shall be construed and implemented to achieve the following intentions and purposes of he City Council: A. To establish the regulations, procedures and standards ft review and approval of all proposed development and land use in the City. B. To foster and preserve public health, safety, comfort harmonious, orderly, aesthetically pleasing and socially t in accordance with the Comprehensive Plan. C.) To adopt a development review process that is: 1. Efficient, in terns of time and expense; welfare, and to aid in the :ial development of the City -15- 1 01i16M5 City of Okeechobee Unified Iand Development Code 2. Effective, in terms of addressing the natural resource and public facility implications of proposed development; and 3. Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners and consideration of the interests of the citizens of the City. D. To implement the City Comprehensive Plan as required by the "Local Government Comprehensive Planning and Land Development Regulation Act." E. To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements (concurrency). 1.05.02 Specific Intent Relating to the Various Subject Areas of this Code The provisions of this Code dealing with the following specific subject areas shall be construed and implemented to achieve the following intentions and purposes of the City Council: A. Administration and Enforcement 1. To assure that all development proposals be thoroughly and efficiently reviewed for compliance with the requirements of this Code, the City Comprehensive Plan and other applicable regulations. 2. To promote efficiency, predictability and citizen participation. 3. To assure compliance with approved development orders and the provisions of this Code through rigorous but fair enforcement actions. B. Signs 1. To create a comprehensive and balanced system of sign control that accommodates both the need for a well -maintained, safe and attractive community and the need for business identification and communication 2. To permit signs that are: a. Compatible with their surroundings. b. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. C. Appropriate to the type of activity to which they pertain. -16- 01/16/95 City of Okeechobee C. to E Unified lsnd Development Code d. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy regulation needs. Landscaping and Tree Protection 1. 2. 3. 4. 5. S 7. To enhance the attractiveness of the community. To conserve energy through the cooling and sh., To abate nuisances such as noise, glare, heat, air To mitigate conflicts between adjoining land us To preserve the environmental and ecological be vegetation. To promote safe and efficient use of off-str vehicular use areas by: a. Clearly delineating and buffering the particularly where they abut public rights and glare in one area do not adversely d b. Limiting physical site access to establisl and C. Limiting the internal movement of vehic traffic configurations. To preserve the community's irreplaceable generations. Parking and Loading To assure that all developments provide for adequate vehicles in a manner consistent with community stanc design principles. Stormwater Management 1. To protect and maintain the chemical, physical and surface waters. effects of trees. and stormwater runoff. of existing native trees and parking facilities and other Inds of vehicular use areas, way, so that movement, noise act activity in another area; points of ingress and egress; and pedestrians to designated heritage for existing and future safe storage and movement of and good engineering and site biological integrity of ground -17- 1 01/16/95 City of Okeechobee Unified Land Development Code 2. To prevent activities which adversely affect ground and surface waters. 3. To encourage the construction of stormwater management systems that aesthetically and functionally approximate natural systems. 4. To protect natural drainage systems. 5. To minimize runoff pollution of ground and surface waters. 6. To maintain and restore groundwater levels. 7. To protect and maintain natural salinity levels in estuarine areas. 8. To minimize erosion and sedimentation. 9. To prevent damage to wetlands. 10. To protect, maintain and restore the habitat of fish and wildlife. F. Floodplain Protection 1. To protect human life and health. 2. To minimize expenditure of public money for costly food control projects. 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at public expense. 4. To minimize prolonged business interruptions and damage to public facilities and utilities caused by flooding. 5. To maintain a stable tax base by providing for the sound use and development of flood -prone areas. 6. To insure that potential purchasers of subdivided land are notified that the property is in a flood prone area. 7. To assure that uses and facilities vulnerable to floods are designed and constructed to resist flood damage. 8. To preserve natural floodplains, stream channels and natural protective barriers to accommodate flood waters. -18- 01/16/95 City of Okeechobee 9. To limit filing, grading, dredging and other erosion, sedimentation or flood damage. Unified Land Development Code nt which may increase 10. To prevent unnatural diversion of flood water to lands that are normally flood free. 11. To maintain the normal movement of surface watex s, the optimum storage capacity of watersheds, desirable groundwater levels, ater quality and the natural hydrological and ecological functions of wetlands and other flood -prone lands. 12. To avoid the need of costly and environmentally disruptive flood management structures. 13. To encourage the use of flood -prone lands as open space. 14. To make the City eligible for participation in the National Flood Insurance Program. G. Protection of Environmentally Sensitive Lands 1. To protect environmentally sensitive lands and d protecting the rights of property owners. 2. To protect, maintain and restore the chemical, p ground and surface waters and natural habitats. 3. To prevent activities which adversely affect habitats and native flora and fauna. 4. To maintain recharge for groundwater aquifers. 5. To prohibit certain uses that are detrimental to 6. To protect the recreation opportunities of fishing, boating, hiking, nature observation, 7. To protect the public's rights in navigable 9. To protect aesthetic and property values. beneficial functions while also and biological integrity of and surface waters, natural sensitive areas. ally sensitive lands for and other uses. -19- 1 01/16/95 City of Okeechobee H. Property Maintenance Unified Umd Development Code To identify, protect and enhance the use of structures and improvements to the land. 2. To enhance property values and maintain the stability of neighborhoods by preventing the deteriorating influences of improperly maintained structures and improvements. 3. To assure that all structures and improvements to the land are safe and do not endanger the citizens of the town or the environment. 4. To maintain and enhance the attractiveness of the community. 1.06.00 RELATIONSHIP TO COMPREHENSIVE PLAN 1.06.01 Generally Florida law, Section 163.3194(1)(b), F.S. 1985, requires that all land development regulations be consistent with the comprehensive plan of the enacting local government. A land development regulation "shall be consistent with the comprehensive plan if the land uses, densities or intensities, or other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government." This Code meets this consistency standard by providing regulations which thoroughly address each Comprehensive Plan policy which the City's Plan designates as appropriate for implementation through land development regulations. Additional regulations are set forth in this Code to provide tangible means to achieve the goals and objectives stated in each section of the City's Plan. 1.06.02 Specifically A. Administration and Enforcement The administration and enforcement provisions of this Code implement the following policies of the Comprehensive Plan: Land Use Element (LU) - 1.4, 3.2, 3.3, 5.1 and 8.3. B. Signs The sign regulations in this Code implement Policy 8.2 in the Land Use Element (LU). -20- 01/16/95 City of Okeechobee C. Landscaping and Tree Protection to 1~ F. W H. L Unified Lead Dare(opm w code The landscaping and tree protection regulations in this Code implement the following policies of the Comprehensive Plan: Public Facilities Element (PF) (Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Croundwater Aquifer Recharge Element) 8.2; LU - 2.2 and 2.3; and Conservation El(CO) - 3.2 and 3.3. . Parking, Loading and Traffic The parking, loading and traffic regulations in this Code ' lenient the following policies of the Comprehensive Plan: LU - 4.2 and 8.2; and T c Circulation Element (TC) - 4.1, 6.1, 8.1 and 8.2. Stormwater Management The stormwater management regulations in this Code implement the following policies of the Comprehensive Plan: PF - 1.1, 1.2, 1.3, 1.5, 6.1, 7.1, 7.2 and 7.3; and LU - 4.2. Floodplain Protection The floodplain protection provisions in this Code implement the following policies of the Comprehensive Plan: LU - 2.2 and 1.4; and PF - 6.1. Protection of Natural Resources and Environmentally Se*sitive Lands The protection of natural resources and environmentally sensitive lands provisions in this Code implement the following policies of the COMPrehensive Plan: CO - 1.1, 1.2, 3.2, 3.3, 4.1, 4 2, 5.1, 5.2; LU - 1.4, 2.2, 5.1, 5.2, 5.3, 7.1, 8.1; PF - 9.1, 9.2; and Recreation/Open Space Element (RO) - 1.1. Land Use The zoning disdi cts and land use regulations in this a implement the following policies of the Ca�mprehensive Plan: LU - 1.1, 1.2, 1.3, 1, 2.2, 2.3, 3.1, 3.2, 3.3, 3.6, 4.1, 4.3, 5.1, 5.3, 5.4, 72, 8.1, 8.2, 8.3, 8.4; Housing II (HO) - 1.1, 1.4, 1.6, 2.4, 5.1; PF - 1.4, 1.5, 8.1; TC - 62, 8.4; CO - 1.2, 5.1; RO - .1; and Capital Improvements Element (C) - 3.2. The regulations regarding housing in this Code ' the following policies of the Comprehensive Plan: HO - 1.1, 1.3, 1.4, 1.6, 4.1, 42,5.1. -21- Oln6s City of Okeechobee Unified Land Development Code 1.07.00 INCORPORATION BY REFERENCE A. Building Code Adopted For the purpose of establishing rules and regulations for the erection, construction, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures in the City, the 1991 edition of the Standard Building Code and all revisions and amendments thereof hereinafter referred to as "Standard Building Code," of which one copy is now and shall remain on file in the office of General Services for public use, is hereby adopted as fully as if incorporated and set forth at length herein, with the exception that the "Schedule of Permit Fees" is deleted in its entirety and, in lieu thereof a separate fee schedule shall be adopted by the City Council. B. Electrical Code Adopted The National Electrical Code, 1993 edition, and all revisions and amendments thereof of which one copy is now and shall remain on file in the office of General Services for public use, is hereby adopted as fully as if incorporated and set forth at length herein. Electrical Permit fees shall be adopted separately by the City CounciL C. Plumbing Code Adopted The Standard Plumbing Code, 1991 edition, and all revisions and amendments thereof of which one copy is now and shall remain on file in the office of General Services for public use, is hereby adopted as fully as if incorporated and set forth at length herein. D. Mechanical Code Adopted The Standard Mechanical Code, 1991 edition, and all revisions and amendments thereof of which one copy is now and shall remain on file in the office of the General Services for public use is hereby adapted as fully as if incorporated and set forth at length herein. H Housing Code Adopted The Standard Housing Code, 1991 edition, and all revisions and amendments thereof of which one copy is now and shall remain on file in the office of General Services for public use is hereby adopted as hilly as is incorporated and set forth at length herein. F. Fire Code Adopted Standard Fire Prevention Code 1991 edition and NFPA 101 Life Safety Code 1991 edition, and all revisions and amendments thereof of which one copy is now and shall remain on. file in the office of General Services for public use is hereby adopted as fully as is incorporated and set forth at length herein. -22- 01116M City of Okeechobee Unified land Development Code G. For the purposes of consistency and concurrency and to er the City's objectives and policies, land uses, densities and intensities specified in the City of Okeechobee Comprehensive Plan (Adopted March 19, 1991 and AmendeA I May 19, 1992) are hereby adopted and incorporated as a reference. 1.08.00 RULES OF INTERPRETATION 1.08.01 Generally In the interpretation and application of this Code all provisions be liberally construed in favor of the objectives and purposes of the city and deemed neither o limit nor repeal any other powers granted under state statutes. 1.08.02 Responsibility for Interpretation In the event that any question arises concerning the application f regulations, performance standards, definitions, development criteria, or any other provision of this Code, the City Administrator shall be responsible for interpretation and shall 1001 to the City Comprehensive Plan for guidance. Responsibility for interpretation by the City Aftinistrator shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, nor be construed as overriding the responsibilities given to any council, committee or Official named in other sections or articles of this Code. 1.08.03 Computation of Time The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or leg holiday, that day shall be excluded. 1.08.04 Delegation of Authority Whenever a provision appears requiring the City Administrator some other city officer or employee to do some act or, perform some duty, it is to be constru to authorize delegation to professional -level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. 1.08.05 Gender Words importing the masculine gender shall be construed to include. the feminine and neuter. -23- 1 01/16/95 City of Okeechobee Unified Land Development Code 1.08.06 Number Words in the singular shall include the plural and words in the plural shall include the singular. 1.08.07 Shall, May The word "shall" is mandatory; "may" is permissive. I 1.08.08 Written or In Writing The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. 1.08.09 Year The word "year" shall mean a calendar year, unless otherwise indicated. 1.08.10 Boundaries Interpretations regarding boundaries of land use districts shall be made in accordance with the following: A. Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street. B. Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line. C. Boundaries shown as following or approximately following section lines, half -section Imes, or quarter -section lines shall be construed as following such lines. D. Boundaries shown as following or approximately following natural features shall be construed as following such features. 1.08.11 Relationship of Specific to General Provisions More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision. -24- 01/16/95 City of Okeechobee 1.09.00 DEFINITIONS Except as specifically defined herein and in Section 1.18.02, all u their customary dictionary definition. For the purposes of this Code herein are defined as follows: Abandon: To discontinue a nonconforming use for more than Abut. To physically touch or border upon; or to share a common Accessory Sign: A permanent ground or building sign that is incidental to an existing or proposed land use. Unified Land Development Code in this Code shall have In words and terms used days. line. under this Code as Accessory Use: A use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use. Accessory Facilities: A use or structure which is incidental to an related to the principal use of the premises (property). 7 Adjacent to a Protected Environmentally Sensitive Zone: Any 1 ation within 25 feet of the boundary of any Protected Environmentally Sensitive Zone, whethe the location is on or off the development site. Administrator: The City Administrator as appointed by the ( designee for purposes of administering various provisions of this Administrator. Adult Congregate Living Facility (ACLF): A type of residential 400, Part 2, Florida Statutes. Adverse Effects: Any modifications, alterations or effects on v shorelands (including their quality, quantity, hydrology, surface usefulness for human or nature uses) which are or may potential human health, welfare, safety or property; to biological producti, which unreasonably interfere with the reasonable use of property, The term includes secondary and cumulative as well as direct imi Adversely Affected Person: Any person who is suffering or will interest protected or furthered by the local government comprehi limited to: interests related to health and safety; police and fire p intensities of development; transportation facilities; recreational f -25- obee City Council or his also the Federal Insurance facility, defined in Chapter m, associated wetlands or ;a, species composition or be harmful or injurious to diversity, or stability; or ;luding outdoor recreation. an adverse effect to an plan, including but not )n services; densities or educational facilities; /0146r9S d �2C 02171I146 City of Obechobee Unified Land Development Code health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good snared by all persons. Adverrising. Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, ente in*nent, or real or personal property. A9ncuirural AcrMry: Any farming and forestry or silvicultural operation affecting land or waters such as site preparation, clearing, fencing, contouring, soil - preparation, plowing, planting, harvesting, construction of access roads, extraction of stumps and submerged logs, and placement of bridges and culverts. Alteration: Any change, rearrangement, enlargement, extension, reduction or moving of any structure or part thereof, including any change in electrical wiring, plumbing or heating. Appraised Value: The value of property and/or strictures as determined by the Oke�..chobee County Property Appraiser unless the propP..iry owner submits and the City accepts a certified MAI appraisal establishing a different value. Appurtenant Strucrure. A suucmre which is on the same parcel of property as the principal structure to be insured under the federal flood insurance program and where the use is incidental to the use of the principal structure. Area of Special Flood Hazard The Area of Special Flood Hazard shall include: A. All areas designated on a Flood Hazard Boundary Map as Zone A or on Flood Insurance Rate Map as Zones A, AO, AH, Al - 30, AE, A99, B, VO, VI-34, VE or V. The relevant Flood Hazard Boundary Map and Flood Insurance Rate Maps, and any revisions thereto, are adopted by reference and declared to be a part of this Code. B. Other areas of the community designated on a map by the City Administrator as having a one percent or greater chance of flooding in any given year. This may include isolated topographic depressions with a history of flooding or a high potential for flooding. Assessed value: The monetary value of a structure as currently established in the offices of the Okeechobee County property appraisers or a current certified appraisal which has been submitted to the Okeechobee County property appraiser for tax record update. Associated Wetland: Any wetland that is adjacent or contiguous to waters of the State or which has a direct hydrologic connection to waters of the State. -26- ours City of Okeechobee Unified Land Development Code Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. Basement. That portion of a building having its floor below ground level on all sides. Beneficial Functions of a Protected Environmentally Sensitive Area: Those functions, described in the Conservation Element of the Comprehensive Plan that justify designating an area as environmentally sensitive. Breakaway Wall. A wall that is designed and constructed to collapse under specified lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building: Any structure having a roof supported by columns or , designed or built for the support, enclosure, shelter or protection of persons, animals, chatt is or property of any kind. Building, height of The vertical distance from grade to the high finished roof surface in the case of a flat roof or, to a point at the midpoint of the highest sloped roof, exclusive of parapets, bell towers, chimneys and/or elevator penthouse. Building line: The extreme outer dimensions of any structure, wh er constructed or staked out for construction, including all structural components except the himneys, cornices, sills and eaves which may extend no more than (2) feet beyond the buil . g setback line. Building setback line: A line parallel to the property line at the distance prescribed by these regulations in Section 1.16.01D (Setbacks). Building Sign: A sign displayed upon or attached to any part Of the exterior of a building, including walls, doors, parapets, marquees, and window signs (se# Figure 1-09-1). Building Site Area Requirements: Those portions of these regula of structures which may be constructed on lots within the city, Cabana Small shelter used as a bathhouse at a beach or Carport. A roofed accessory structure open on two or more si parking and storage of automobiles. Clearing: The removal of trees and brush from the land, not of grass. which regulate the size intended or used for the the ordinary mowing -27- 1 01/16/95 City of Okeechobee Unified Land DevelWM=t Cade Commercially Developed Parceh A parcel of property on which there is at least one walled and roofed structure which is used, or designed to be used, for purposes other than residential. Concurrency. A condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project. Copy: The linguistic or graphic content of a sign. Crown (Plants): The main mass of branching of a plant above the ground. DBH.• Diameter at breast height. "Breast height" is defined to be 54 inches above the surface of the ground at the base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems. Density or Gross Density: The total number of dwelling units divided by the total site area. Developer. Any person who engages in or proposes to engage in a development or permit application activity either as the owner or as the agent of an owner of property. -7 Development or Development Activity: Any of the following activities: A. Construction, clearing filling, excavating, grading, paving, demolitions, dredging, mining, dulling or otherwise significantly disturbing the soil of a site. B. Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials. CC) -" Subdivision of lands. D. A tree removal for which authorization is required under this Code. E. Erection of a sign unless expressly exempted by Section 1.18.02 of this Code. F. Alteration of a historic property for which authorization is required under this Code. G. Changing the use of a site so that the need for padding is increased. H. Construction, elimination or alteration of a driveway onto a public street -28- ainsgs City of Okeechobee GN ON WI SIGN ON WALL FIGURE 1-Wl EXAMPLES OF BUILDING SIGNS Unified Land Development Code SIGN ON PARAPET SIGN ON MARQUEE SIGN ON ROOF SLOPS OF 45 DEGREES OR l STEEPER IGN ON DOOR -29- 1 01/16/95 city of Okeechobee Unified Land Development Code Development Order: An order granting, denying, or granting with conditions an application for approval of a development project or activity. A distinction is made between development order, and development permit. (See development permit below.) A development order is the final authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of this Code. (The development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parldng lot installation, landscaping, and the like.) For purposes of this Code the site plan approval or subdivision plat approval is the development order. Development Permit.. For purposes of this Code a development permit is that official city document which authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include: all types of construction permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading and clearing permits, tree removal permits, sign permits, etc. Direct Hydrologic Connection: A surface water connection which, under normal hydrological conditions, occurs on an average of thirty or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection. Dock Any structure, including a pier, loading platform, tie poles, dolphins, accessory structures, or boat lift which is constructed on piling over open water, or which is supported by flotation on the waters of the City. Drip Line: The outmost perimeter of the crown of a plant as projected vertically to the ground. (See Figure 1-09-02.) Duplex: A structure containing two attached dwelling units designed for or occupied by one family in each unit. Dwelling; single family: A detached dwelling unit structure designed for or exclusively occupied by one family. Dwelling; multiple: Three or more dwelling units contained in a single structure or multiple structures each containing three or more units. rigors 14u9-z unpune -30- 01/16/95 City of Okeechobee Dwelling Unit. A single housing unit providing complete, indep housekeeping unit, including permanent provisions for living, sanitation. Dwelling Unit, Open system: One or more rooms designed fabricated on site and requires inspection of interior electric systems. Electric Sign: Any sign containing electrical wiring. Uniried Land Development Code living facilities for one ig eating, cooking and a unit which is partially plumbing and mechanical Erect a Sign: To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being. Such erecting shall not include any of the preceding activities when performed as an incident to flie change of message, or as routine maintenance. Fence. An enclosure, barrier or boundary made of posts, wood, wire, stakes or rails. Fence Wall • An enclosure, barrier or boundary made of concrete, concrete block, stone, brick or any other suitable masonry material. Flood or Flooding: A temporary partial or complete inundatio of normally dry land from the overflow of inland or tidal waters, or from the unusual and rapid accumulation of runoff or surface waters from any source. Flood Insurance Rate Map (FIRM): The official map issued b the Federal Emergency Management Agency showing both the Area of Special Flood azard and the risk premium zones within the City. Floodpkdm Land which will be inundated by floods known to characteristic of what can be expected to occur from the over and the accumulation of runoff of surface waters from rainfal Flood Protection Elevation: The elevation of the base flood. Floodway. The channel of a natural stream or river and l the channel which are reasonably required to carry and flow of any natural stream or river. Floor Area Ratio: The ratio of floor area permitted on a Thus, a permitted floor area ratio of 0.5 on a 10,000 squar, with a total floor area of 5,000 square feet. Floor Area t Area occurred or reasonably of inland or tidal waters of the floodplain adjoining ze the floodwater or flood l lot to the size of the lot. lot would allow a building -31 01/16/95 City of Okeechobee Unified Land Development Code Frontage: The length of the property line of any one parcel along a street on which it borders. Garage: An accessory building or a portion of a main building, including a carport or po_r_taee cosh designed and used for the parking or storage of vehicles owned or used by the occupants of the building to which it is an accessory use. Gazebo: A small, open -sided, roofed structure detached from the surrounding buildings and situated primarily for the view. Golf course clubhouse facilities. Building or buildings accessory to a golf course, the inside of which said building or buildings may be used for reception and registration of golfers; for preparation and serving of food and drinks, including alcoholic beverages; for the display and sale of golfing and sports equipment, supplies and attire; for a ladies' locker room with lockers, toilets, bathing and other facilities; for a men's locker room with lockers, toilets, bathing and other facilities; and for relaxation, reading and other recreation activities. Grade: The existing (pre -development) elevation of the earth's surface. In the instance of a parcel with a sloping grade the center point of the actual structure location shall be used for determining the grade when calculating height requirements. Greenhouse: A glass or other translucent or screen -covered, enclosed room or building usually used for growing plants. Gross Density or Density. The total number of dwelling units divided by the total site area, less public right-of-way. Gross Floor Area: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor -to -ceiling height is less than six feet. Ground Sign: A sign that is supported by one or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building. (see Figure 1-09-3) Group Home: A facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult Congregate Living Facilities comparable in size to group homes are included in this definition. It shall not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters. -32- 01/16/95 City of Okeechobee Guest Cottage. Sleeping quarters of a minimum size of 300 accessory structure which is located on the same premises which is used exclusively for housing members of the family of or other nonpaying guests; such quarters shall not be rented c residence. Harmful to Minors: With regard to sign content, any whatever form, of nudity, sexual conduct, or sexual exci A. predominately appeals to the prurient, shameful, or B. is patently offensive according to contemporary st with respect to what is suitable sexual material for C. taken as a whole, lacks serious literary, artistic, Unified Land Development Code quare feet within a detached the principal structure and upying the principal structure otherwise used as a separate lion or representation, in when it: interest of minors in sex; in the adult community and or scientific value. The term "harmful to minors" shall also include any non-ero 'c word or picture when it: A. is patently offensive according to contemporary standards in the adult community with respect to what is suitable for viewing by minors; and B. taken as a whole, lacks serious literary, artistic, political or scientific value. Hedge: A solid, unbroken row of shrubs or certain tree speci s maintained at a desired or required height and width, including such plant material as Ficus benjamina, Ligustrum lucidum, Podocaarpus macrophylla, Hibiscus rosa-sinensus and Murrays paniculata. Highest Adjacent Grade. The highest natural elevation of the ground surface adjacent to the proposed walls of a structure. Hotel: Any building or group of buildings in which sleeping room accommodations are provided for more than 100 people, with the usual and custor lary staff in hotels of similar size, quality and providing the services generally provided by a hotel, together with accessory facilities and recognized as a hotel in the local com nunity; provided, further, all ingress and egress to and from the rooms in the hotel bull ' g or group of buildings shall be made through inside halls. The hotel building or, group o buildings shall have a lobby and an office staffed and operated by personnel of said hotel all hours of the day to serve the guests occupying and utilizing the hotel rooms and acc ory facilities. The building and/or buildings herein described as a hotel shall not be ed or operated as a motel, boardinghouse, lodging house or apartment building as such t are generally known and defined. -33- 1 01/16/95 City of Okeechobee FIGURE 1-09-3 UKuuf4v .011 Ima Unified Land Development Code -34- 01/16/95 City of Okeechobee Unified Land Development Code Illuminated Sign: A sign which contains a source of light or w 'ch is designed or arranged to reflect light from an artificial source including indirect light' g, neon, incandescent lights and back -lighting. This shall also include signs with reflectors that depend upon automobile headlights for an image. Impervious Surface: A surface that has been compacted or cov red with a layer of material so that it is highly resistant to infiltration by water. It includes but is not limited to, semi - impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, swimming pools, parking lots and other similar structures. Impervious Surface Ratio: The amount of impervious surface permitted on a zoned lot as compared to the size of the lot. Thus an impervious surface r itio of sixty (60) percent on a 10,000 square foot lot would allow a total impervious surface cluding, buildings, parking lot, sidewalks, etc. of 6,000 square feet. Improvement. Any man-made, immovable item which become part of, is placed upon, or is affixed to real estate. Junkyard Premises or portions thereof used for the storage fo sale of used and discarded materials, including but not limited to, paper, rags, metal, b ding materials, appliances, household furnishings, machinery, vehicles, equipment, or p thereof. The storage for a period of two (2) or more months of two (2) or more wrecked or partly dismantled motor vehicles, parts of dismantled motor vehicles, or the sale of p thereof; not reasonably capable of or not intended to be restored to highway op ting condition shall also constitute a junkyard. For the purposes of this Code, such s as automobile reclaiming businesses, automotive wrecking businesses, automotive salva a businesses and recycling centers shall be considered junkyards. Living area, residential The floor area of any residential s cture (measured in square feet), including only those areas of such structure which are habitable the year round. Garages, screened or open porches, breezeways, terraces, stoops, carports, patios and/or similar areas shall not be considered part of the living area. Loading space: A space which provides for the loading or unloading of delivery vehicles. Lot: A parcel of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this chapter, and having its principal frontage upon a street. A lot and a contiguous portion of another lot under one ownership shall be considered as one building lot; in such case the outside line may be considered as one lot line. Lot corner. A lot abutting two streets at their intersection. -35- 1 01/16/95 cur of Okexhobee used Land Development Code Lot depth. The distance measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite main rear line of the property. Lo4 double frontage. A lot which has street frontages at opposite boundaries. Lot width: The distance measured along the front building setback line between the two sides of the lot. Lowest Floor: The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood damage prevention regulations in this Code. Major Deviations. A major deviation is a deviation other than a Minor Deviation, from a Final Development Plan. Manufactured Housing(Home. Manufactured housing has the following features or characteristics. It is: 1. Mass produced in a factory; 2. Designed and constructed for transportation to a site for installation and use when connected to required uOties, 3. Either an independent, individual building or a module for combination with other elements to form a building on the site. COMMENT: The term "manufactured housing" is not intended to apply to the use of the prefabricated panels, trusses, plumbing subsystems or other prefabricated sub - elements incorporated in the course of construction of buildings on the site, but only to major elements requiring minor and incidental on -site combination or installation.] , Mirror Deviations. A minor deviation is a deviation from a Final Development Plan that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process provided it is not in violation of code provisions and does not reduce the total amount of open 'space by more than five percent or the yard area or open space associated with any single -36- 01n6/95 PY Of Okeed obee structure by more than five percent; also provided that such required yard area or open space to be less than that requb Unified Laud DevebpmMU Code uction does not permit the by this Code. Minor Replat.- The subdivision of a single lot or parcel of laid into two lots or parcels, or the subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where ti ere are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Code. Motor Vehicles. Includes automobiles, motorcycles, motor'trucks and all other vehicles operated over the public highways and street, propelled by power other than muscular power, but not including traction engines, road rollers and such vehicles as run upon a track. Multi -Family Dwelling: Any residential structure containin three (3) or more separate dwelling units. Multiple Occupancy Complex: A commercial use (i.e., am, use other than residential consisting of a parcel of property or parcel of contiguous pr perties) existing as a unified or coordinated project with a building or buildings housing more than one occupant New Construction: Structures or substantial improvements for which the "start of construction" occurred on or after the effective date of this Code. The term also includes any alteration, repair, reconstruction or improvements to a stnicture which is in compliance with these flood damage prevention regulations. Nonconforming development. Development that does not con Section 1.13.00 and/or the development design and impro 1.16.00. Off-street parking: A. Designated off-street parking area. An open area used off-street storage of motor vehicles. B. Designated off-street parking space: An accessible sp; the temporary storage of one motor vehicle. (See regi Open space. The pervious land surface between and around Owner. A person who, or entity which, alone, jointly or se representative capacity (including without limitation, an authod personal representative or trustee) has legal or equitable title or a tenant, if the tenancy is chargeable under his lease for the i to the use regulations in at standards in Section for the temporary permanently reserved for ments of Section 1.16.03.) rally with others, or in a i agent, attorney, executor, any property in question, intenance of the property. -37- 01/16/95 City of Okeechobee Unified Land Development Code Parcel- Any individually owned piece of property; may consist of an unplatted tract or one or more platted lots. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel' may be as designated for a particular site by the City Administrator. Parcel, comer. • A parcel abutting two streets at their intersection. Parcel depth: The distance measured in the mean direction of the side lines of the parcel from the midpoint of the front property line to the midpoint of the opposite main rear property line of the parcel. Parcel, double frontage: A parcel having street frontage on two opposite boundaries of the parcel. Parcel width: The distance measured along the front building setback line between the two sides of the parcel. Paved Surface (Pavement): Any artificial impervious surface constructed for use by vehicles and/or vehicular traffic. Permanent: Designed, constructed and intended for more than short-term use. Person: Any individual, group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies. Pier.- A platform extending from a shore over water; may be* used to secure, protect and provide access to boats. Pollutant: Any substance, contaminant, noise, or manmade or man -induced alteration of the chemical, physical, biological or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Portable Sign: Any sign which is clearly designed to be transported by trailer or on its own wheels, including signs with removable wheels and a chassis or support structure that can be converted to an A or T-frame sign and attached temporarily or permanently to the ground. Property line: A line which separates a lot or parcel from an adjoining lot or parcel or right- of-way. Protected Environmentally Sensitive Area: An environmentally sensitive area designated for protection in the Conservation Element of the City Comprehensive Plan. -38- OW6M ��-d z-IS 95 City of Okeechobee / ^ Protected Tree: Any tree that measures more than ten inches ` Vs (DBI-i) and which is not otherwise exempted from this Code. feet of clear trunk between the ground level and the lowest b Protected Wellhead- Those wellheads with a permitted Unified Land Developmeat Cade diameter at breast height l palms with at least 4 1/2 of 100,000 GPD or more. Recreation Vehicle: A vehicular -type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor home. Regulatory Floodway: The channel of a river or other watercc urse and the adjacent land areas that must be unobstructed in order to discharge the base 1 lood without increasing the water surface elevation of that flood more than one foot at point Remova4 Tree: To relocate a tree, cut it down, poison it, or ` any other manner destroy it or cause it to be destroyed. Rip Rap: A permanent erosion -resistant ground cover of natural stone. Roof Line: A horizontal line intersecting the highest point or Roof Sign: A sign placed above the roof line of a building or, less than 45 degrees. Sale; estate garage or lawn: The sale of household goods at a furniture, clothing, lawn and gardening equipment, toys and a residential house or its garage and owned by the resident. Seawall Any hardening of the shore by the installation of a structure is toed in within the waters of the City. Servants' quarters: Sleeping quarters of a minimum size of 300 structure which is located on the same premises as the main ri is to be used exclusively for housing of servants; such qua otherwise used as a separate residence. Sign.' Any writing, pictorial presentation, number, illustration, Pennant or other device which is used to announce, direct attent Otherwise make anything known. The term sign shall not be deei "bu"d'n&" %-tndsc`aP'ng" or any architectural embellishment of a communicate information. -39- of loosely placed pieces of a roof. or against a roof slope of nce. Items may include items typically found in vertical wall where such e feet within a detached tial structure and which shall not be rented or decoration, flag, banner, on, -identify, advertise or ned to include the terms building not intended to oinn"s Gty of Okeechobee Unified Land Developmwt Code Sign Face. The part of a sign that is potentially used for copy. Sign Face Area: The dimension of any regular geometric shape of a sign encompassing the entire surface area where copy may be placed. Sigc; temporary off premises: A sign used to advertise or provide direction to an event, business, or use not located on the parcel on which the sign is erected. Sigdfrcant Adverse Effect: A modification, alteration or effect upon a Protected Environmentally Sensitive Area which reduces the Area's beneficial functions as delineated in the Conservation Element of the City Comprehensive Plan. Sogie-Family Dwelling. A structure containing one dwelling unit, and not attached to any other dwelling unit by any means. A single-family unit may contain an accessory apartment pursuant to this Code. Start of Construction: The first placement of permanent elements of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or work beyond the stage of excavation or of the placement of a manufactured home on a foundation. Provided that all of the above occurs within 180 days after the issuance of a permit. Permanent construction does not include land preparation, such as clearing, grading and filling,installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or the installation of appurtenant structures. Street: A public or private right of way for vehicular traffic, including highways, thoroughfares, lanes, place, roads, ways and boulevards. Structure: Anything constructed, built or erected which is composed of parts joined together in some definite manner, the use of which requires permanent location on the land. Sidewalks, patios (provided they are not higher than finished first floor elevation nor, where within a distance of 7.5 feet of the property line, more than twelve inches above the ground surface measured at the edge of the sidewalk or patio), designated off-street parking areas and driveways shall not be considered to be structures. Additionally, the term "structure" shall have such meaning and definition as set forth in the fioodplain management regulations as presently written and hereinafter amended from time to time. A walled and roofed building, including a manufactured home, and a gas or liquid storage tank that is principally above ground. Any construction used or designed to support a sign or lighting. Structural alter tiom Any change m the supporting members of a structure such as bearing walls, columns, beams or girders, e=ept for the repair or replacement thereof. City of Okeechobee Unified land Development Code Suhstantial Improvement Any combination of repairs, re construction, alteration or improvements to a structure taking place during any five-year period in which the cumulative cost equals or exceeds fifty percent of the appraised or assessed value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the occurrence of the damage. For the purposes of this definition, "substantial improvement" occurs when the fast alteration of anr wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any improvement of a structure to comply with existing health, sanitary or safety codes, or any alteration of a structure listed on the National Register of Historic Places, th Local Register of Historic Places, or a State Inventory of Historic Places, unless that alters 'on will cause the structure to lose its historical designation. Subdividing Land See Subdivision Standard Vol III of the Unified Land Develop. Code. Sur k*1 aquifer. Also known as "unconfined" or "beater table" ac uifer. An aquifer in which the water table forms the upper boundary. That aquifer whic is immediately below the ground surface. Swimming Pool• A portable pool or permanent structure that contains a body of water eighteen inches or more in depth or 250 square feet or more of water surface area and intended for recreational purposes, including a wading pool. Temporary Structure: Designed, constructed and intended to be used on a short-term basis, includes the term Temporary Use Structure. '2 Tree Protection Zone. A circular zone around each protected tr�e defined as follows: A. If the drip line is less than six feet from the think of the tree, the zone shall be that area within a radius of six feet around the tree. B. If the drip line is more than six feet from the trunk of the tree, but less than twenty feet, the zone shall be that area within a radius of the full drip line around the tree. C. If the drip line is twenty feet or more from the trunk of the tree, the zone shall be that area within a radius of twenty feet around the tree. Uni7 That part of a multiple occupancy complex, occupied y one person, family or business. Utility Service Structure: A structure designed and constructed a public Awility service to the community. May include tele substations, wastewater and drainage pumping stations, natural storage and pumping facilities. -41- the purpose of providing )ne -and electrical power stations or potable water 11 01116M City of Okeechobee Untried Laud Development code Variance: The relief sought or granted from the literal enforcement of these regulations by the city council. Said relief would permit the development, of property in a manner otherwise forbidden by these regulations upon a finding that strict enforcement of these regulations would cause unnecessary hardship or practical difficulties for the applicant as set forth in this Code. Vehicle Sign: Any sign affixed to a vehicle. Vehicle Use Area: An area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards. Walk A vertical structure or partition that encloses an area or separates two areas. Water or Waters: includes, but is not limited to, water on or beneath the surface of the ground, including natural or artificial watercourses, streams, rivers, lakes, ponds or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. Water Body: Any natural or artificial pond, lake, reservoir or other area with a discernible shoreline which ordinarily contains water. Watercourse: Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary. Water's Edge and Wetland's Edge: The water's or wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands: A. the boundary established by the average annual high-water mark, B. the landward boundary of hydric sons, or C. the landward boundary of wetland vegetation, based on the wetland vegetation index. Wellhead Protection Area: The wellhead protection area shall be an area within one-half mile of each of the potable water wells operated by the City of Okeechobee. Yard That open area of a lot or parcel which is provided as a setback area or is unoccupied by any structure. Yard front The open space across the full width of a lot or parcel, extending from the nearest wall or other vertical portion of a structure to the front property line of the lot or parcel. -42- 01 619S City of Okeechobee Unified Land Development Code Yard, rear: The open space extending across the full wid of the lot or parcel and measured from the rear property line of the lot or parcel to the rear walls or other vertical portions of the main structure. Yard side: The open space, on the same lot or parcel with a wall or other vertical portion of the structure and the side pi which extends from the front yard to the rear yard. Zone of Exclusion: All land within a 200 foot radius of an wellhead. 1.10.00 ABROGATION This Land Development Code is not intended to repeal, existing easements, covenants or deed restrictions duly recc City or Okeechobee County. 1.11.00 SEVERABILITY If any section, subsection, paragraph, sentence, clause or reason held by any court of competent jurisdiction to be invalid, the validity of the remaining portions of this Code effect. 1.12.00 EFFECTIVE DATE These regulations shall be effective on the date adopted by re, between the nearest line of the lot or parcel or designated protected )gate or interfere with any in the public records of the e of this Code is for any )nstitutional or otherwise continue in full force and -43- 1 01/16/95 City of Olwwhobee Unified Land Development Code 1.13.00 LAND USE: TYPE, DENSITY, AND INTENSITY 1.13.01 Purpose The purpose of this Section is to describe the specific uses and restrictions that apply to land use districts in the Future Land Use Element of the City of Okeechobee Comprehensive Plan. These regulations are intended to allow development and use of property only in compliance with the goals, objectives and policies of the City of Okeechobee as expressed in the City of Okeechobee Comprehensive Plan. 1.13.02 Reserved for Future Use 1.13.03 Land Use Districts All land within the City of Okeechobee has a designated land use district described in the City of Okeechobee Comprehensive Plan. Refer to the Future Land Use Element of the City of Okeechobee Comprehensive Plan for the definitions of each land use district. The land use districts are: A. Industrial - I This category of land use is intended for product processing, warehousing, storage, manufacturing, and related uses. Limited commercial uses are also permissible consistent with the industrial character of the area. Public facilities are also permissible. B. Public Facilities - P This category provides for parks, schools, government buildings, fire stations and other recreational and non -recreational public properties. G Single -Family Residential - SFR Permitted uses are one single-family dwelling on each lot and structures accessory, to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Comprehensive Plan, Housing Element Policy 1.6, the maximum density for single- family development shall be five (5) units per acre. 44- 01/16195 City of Okeechobee Unified Land Development Code D. Multi -Family Residential - MFR Permitted uses include apartments, duplexes, condo ' ms, single-family houses and public facilities. Maximum density shall not exceed to 1 (10) units per acre. Where affordable housing is provided in accordance with C mprehensive Plan, Housing Element Policy 1.6, the maximum density may be ele n (11) units per acre. E. Commercial 1.13.04 A. Permitted uses include office, retail, automotive Also permitted are public facilities. Floor Area Ratio Generally A floor area ratio is a measurement of the intensity purposes of this Code, floor area ratios (FAR) are in the industrial and commercial land use category. Calculating Floor Area Ratio The floor area ratio is the relationship between the tot gross site area. The FAR is calculated by adding toget and dividing this total by the gross site area. See illustration of this concept. C. Table of Floor Area Ratios Land Use IDistricts Industrial Commercial 'Maximum Floor area ratio subject to minimum and related activities. development on a site. For )vided only for development floor area on a site and the r all floor areas of all floors igure 1-13-1 for a graphic 3.0 3.0 -45- 1 1. 01/16/95 City of Okeechobee Unified Land De"lopumt Cade i M4>4k1MIpA fIpOT priO for on F.A.R. of 0.2 d ~ ■ 6,71iG s4. fi. ��'� � 00 tw V Lasi�w�► tiser o►fe %'� f or F. A.R. of 0.1 34,848 sq. ft. �r F. A. R. 1w Total building floor area Total lot area Figure 1-13-1 Floor Area xano -46- O1/16195 My of Obwhohee Unified I nd Denlopo mt Code 1.14.00 OVERLAY AND FLOATING ZONES The purpose of this section is to describe certain overlay and f oating zones used to impose special development restrictions on identified areas. The ocation of overlay zones is established by the City based on the need for special protectiv measures in that area. The overlay zone imposes additional or different developments dards than those that would otherwise apply. The location of a floating zone, by contrast, is determined by the developer. The purpose of a floating zone is to allow the developer to choose to follow a set of development standards different from and/or in addition to the general stmdards in the Code. 1.14.01 Historic District (Reserved for future designation) 1.14.02 Central Business Overlay Zone The Central Business Zone is an overlay zone designed to eet the needs of the central area of the City. It is intended to use the Central Business one to maintain a compact, viable, and pleasing central business area, to encourage devi lopment and redevelopment for business purposes, and to maintain the area as the center of the City's shopping, service, governmental, and economic life. There is hereby created a Central Business (CB) Zone in which special restrictions in development and land use activities apply. The boundaries of this zone shall be as depicted in Figure It14-1. A. Land Use Activities within Central Business Zone Except as expressly provided herein, activities shall Commercial Land Use Plan designation. B. Land Use Activities Prohibited in the Central Business Not withstanding Section 1.13.03, the following land in the Central Business Zone. 1. Palmists, actrologists, payslics, clairvoyants, or 2. Temporary revival and gospel establishments. allowed as specified in the activity shall be prohibited -47- 1 01/1e195 Id pIF� a� oraa v�o p OIv M Ow w p' H M w pw � O plw w �n N OiiM IOLM wN w —y M W IM oti p.p �Ile�s! 0 o E��ees� Y ow o r� o �. Xmn Joni a p err CEE.� 0o ap pp p pD OD p w w piw p n d aw aJWa osa I NOW Op �� p� p O pa 0WP Op O ww pw pw o d w w a sa a:AN w,a as Oip a: ©a o olo w p w � otd p p.N a.s-a `ulw 3.0•� o•o � p Epp pp pp a po po paIn a pw wtl Qd a czar �osls� p.p o►o-Q+.a p O p MW o p p pl0 ow ow oiw-o p a i1 Q I CE 0" o�cE u n W 0 N - 48 - 4c,a/ 2-15-45 City of Okeechobee 3. Commercial and non-commercial marina, for repairs and repairs of motors. 4. Wholesale, warehouse, or storage activity. 5. Building trades with storage yard for 6. Crematory. 1.14.03 Taylor Creek Overlay Zone There is hereby created a Taylor Creek Zone in; which and land use activities apply. Udfod Land DevWopmwt cak boats removed from water and supplies. restrictions on development It is the purpose of the Taylor Creek (TC) Overlay Zone to g ographically delineate areas of Okeechobee within the Taylor Creek Drainage Basin and apply specific land use and development design standards to development in that area. The boundaries of this zone shall incorporate the lesser of a ther five hundred (500) feet landward of the- ordinary high water line of Taylor Creek, r 150 feet landward of the landward extent of the floodplain associated with Taylor Cre k, whichever is greater. TC Overlay Zone boundaries shall be clarified by the City Administrator, if necessary, or by the applicant's engineer or land surveyor if approved by e City Administrator. Not withstanding any other provisions herein, a non-conformi Overlay Zone may be continued and maintained so long as it such use shall be enlarged, altered, extended, or operated i threat to Taylor Creek or otherwise contravenes the purpose with other land use districts, all provisions of Section 1.02.02 to the provisions of the Taylor Creek Overlay Zone. 1.14.04 Development Standards in the Taylor Creek A land development proposal shall be submitted in accordai III of the Unified Land Development Code. Development Zone shall be as required in Section 1.16.00 with the folloN use within the Taylor Creek :mains otherwise lawful. No any way, which increases its nd intent of this Section. As all apply in the same manner with Volume IV or Volume ndards in the Taylor Creek specific requirements. -49- 1 01/16/95 City of Okeeebabee A. Stormwater Unified Laud DeNelowent Code In addition to stormwater management requirements (contained in the Public Works Manual and Section 1.16.05), all new development in the Taylor Creek Overlay Zone shall use an infiltration system and retain, on -site, the first three inches of runoff from all impervious surfaces. B. Impervious Surface Standards The impervious surface shall not exceed 35% of the development site. C. Prohibited Uses and Activities 1. The discharge, land application or disposal of any hazardous material, toxic substance or radioactive material. 2. The production or processing of bulk quantities of any hazardous material or toxic substance. 3. The open storage of pesticides, herbicides, fungicides and artificial fertilizers. 4. Aboveground bulk storage facilities of hazardous materials. 5. Sanitary landfills, as defined by Chapter 17-7 F.A.C., solid waste disposal facilities and junkyards. 6. Single family houses using septic tanks on lots of less than [30,000] square feet. 7. Two family housing using septic tanks on lots of less than [45,000] square feet. 8. Multi -family housing using septic tanks. 9. The use of septic system cleaners which contain toxic substances or hazardous materials. 10. The disposal of toxic substances or hazardous materials by means of discharge to a septic system. 11. Pipelines transporting hazardous materials. -50- 01116/91 �.�/ 2-1545 City of Okeechobee 12. Vehicular servicing, including but not limited body shops and rustproofing operations. D. Permitted Uses 1. All uses permitted in the underlying land use di the requirements of the Taylor Creek Overlay 2. Public parks, recreation areas and preserves. 3. Buildings and structures permitted in the specifically prohibited herein. 1.14.05 Groundwater Recharge Zone (Reserved for future designation) E-14-06 Group Home Floating Zone There is hereby created a Group Home Zone which is a request of a property owner to a parcel that meets the si It is the purpose and intent of the Group Home Floating in residential area or areas of residential character for group licensed by the Florida Department of Health and Rehabili a de facto social serviced district and to protect the hea community at large. These standards are supplementary rel standard set elsewhere in this code. /1L Group Homes may be allowed by the City in any land use • following standards and after review and approval in accc A. In non-residential land use districts Group Homes shall of evidence by the applicant that the proposed use mei for the district set forth in this Code. In addition to th requirements, the following standard shall apply: No C located closer than 3,000 feet, measured from proper facility. Facilities located in non-residential areas shall 1 character of the surrounding area. This applies to desil other factors affecting the character of the area. Uoifnd Land Development Code automotive repair stations, which are consistent with land use district unless zone to be applied upon set forth in this section. to provide adequate sites tes and foster care facilities Services without creating safety and welfare of the ions and are in addition to ict of the City subject to the ce with Volume IV. allowed upon submission all the general standards e standards and any state iup Home facility shall be lines, from another such maintained in the general , lot size, landscaping and -51- 01/16/95 Unified Land Development Code City of Okeechobee B. In residential land use districts Group Homes shall be allowed upon submission of evidence by the applicant that the proposed use meets all the general standards for the district set forth in this Code. In addition to those• requirements and any state requirements, the following standards shall apply: 1. Residential Character/Neighborhood Compatibility: If the facility is located within a residential neighborhood, it shall be maintained to conform to the character of that neighborhood. This applies to design, density, lot size, landscaping or other factors affecting the neighborhood character. This will prevent disruption of a neighborhood due to the introduction of a dissimilar structure. 2. No signs denoting the name and/or purpose of a Group Home use shall be allowed in a residential neighborhood. 3. The total occupancy of a structure designed for Group Home use shall not exceed the following: that allowed in Section 16.1.7.1 of the Life Safety Code (or 200 square feet per occupant). For homes in a single-family residential district, occupancy shall not exceed two clients per total number of bedrooms minus one, or two clients per bathroom, whichever is less. 4. Chapter 20, entitled "Lodging or standards for ing Houses," ofoup Home Lie Safety Code shall be the minimum co 5. No group Home facility shall be located closer than 3,000 feet, measured from property lines, from another such facility. 6. No Group Home for physically or mentally impaired or the elderly shall be located in Flood Zones A or B. 1.14.07 Multi Western/Spanish-Mission Theme Overlay District There is hereby created the Multi Western/Spanish-Mission Theme District, which shall be an y "overla district" whose regulations shall supplement, and be cumulative to , the development regulations of any zoning area situate within this district. It is the purpose of this Division to promote a unique theme for non-residential development in the City of Okeechobee. A theme would characterize the City from its early beginnings as an agriculture and cattle raising community. This unique image, setting Okeechobee apart from the more modern development pattern, is deemed to be in the public interest, enhancing the City's identity, quality of life, and economy. -52- 01116195 City of Okeechobee The Multi Western/Spanish-Mission Theme District shall be con all that portion of land lying within Commercial zoning districts (C, C-1, C-II, CCBD, CPO, I, and GU). Unified Land Development Code iced of an area including the City of Okeechobee Commercial, business, office, industrial and residential -office construction in this area shall be required to maintain a theme character to the exterior of all structures, signage, site lighting, fencing, and other site improvements. 0D. 1.14.08 Multi Western/Spanish-Mission Theme Development Manual The Theme Development Manual (Appendix "A" of this Volume) as may be amended, shall serve as a guide to the character and style of all signage, lighting, ncing, site improvements and the exterior of commercial, business, office and residential-o ce buildings. It shall also serve to define development regulations which shall supplement nd be cumulative to, the development regulations of any zoning area situated within the istrict. The users of this Manual are advised that the development regulations of any zo g area situated within the district shall still apply unless otherwise superseded by the overt y regulations. Therefore users are directed to review the regulations of the Unified La d Development Code to obtain complete knowledge of any further regulations applying wi hin the underlying zoning district. The Multi Western/Spanish-Mission Theme Development Man ual (Appendir'A") is to be administered by the Department of General Servic (DGS) and may, from time -to -time, be amended or changed by the DGS with rhe approval of the City Administrator. Any variations from the standards contained within the Theme Development Manual shall be reviewed in advance by the Department of General Services and approved by the City Administrator. -53- 011161" Unified Lmd Development Code city of Okeechobee 1.15.00 RESOURCE PROTECTION STANDARDS This Section establishes resources or areas that must be protected from harmful affects of development. An applicant should apply the provisions of this Section to a proposed site before any other development design work is undertaken. Application of the provisions of this Section will divide a proposed developmentsite oto areas that may velopmentedeveloped and should then be areas that must be generally undeveloped. proposed de designed to fit within the areas that may be developed. 1.15.01 Trees - Permits Required for Tree Removal and/or Site Development On any real property within the limits of the City of Okeechobee, it shall be unlawful for �.% any person to remove or cause to be removed any protected tree (see definition of Prot ected Tree in Section 1.09.00) without fist having procured a permit as provided for in this code. Where any site is proposed for development on which there are protected trees a tree survey shall be provided as part of the development permit application. A. Exemptions 1. Nuisance Trees: The following types of trees shall be exempt from the tree protection requirements of this Code: Brazilian Pepper Malaleuca (Punk Tree) Australian Pine g 2. Emergencies: During emergencies caused by a hurricane or other disaster, the City Administrator may suspend these tree protection regulations. B. Conditions for Authorization to Remove Protected Trees 1. It is the intent of this section to minimize the removal of protected trees and provide that no authorization be granted to remove a tree if the applicant has failed to take reasonable measuresto ofprotectedgn and treesate to the proposed ved is improvements so that the number minimized. In particular, the design must attempt to preserve specimen and historic trees. 2. With respect to the issuance of a tree removalremoval permit t shall be issued prior to the development activity, no such tree permit issuance of the appropriate development permit , and submission of to sh bond equal to the replacement value of (all) the tree(s) p -54- o1/16/95 City of Okeechobee C- replaced has been filed with the City A& replacement in accordance with § C below. No of a protected tree shall be granted unless the more of the following conditions. a. A permissible use of the site cannot reasons specific trees are removed or relocated. b. The tree is located in such proximity to structure that the safety, utility or structural is materially impaired. C. The tree materially interferes with the locatio of existing utility lines or services. d The tree creates a substantial hazard to mo traffic by virtue of physical proximity to traffic e. The tree is diseased or weakened by infes storm, fire, or any other cause or conditi weakened condition of the tree presents property, as determined by the City Adminis the City Administrator. £ Any law or City regulation requires the rem. Replacement of or Payment for Removed Trees 1. Trees removed pursuant to Paragraph B above, pursuant to Paragraph B(2)(e) above, shall either below, at the expense of the property owner, or a i shall be paid to the City. Replacement shall n removed pursuant to Paragraph B(2)(e) above, nor in lieu of replacement for trees removed pursuant 2. Replacement trees shall, if practicable, be planted c If it is not practicable to plant replacement trees o then the owner shall be required to either donate r City, which trees shall be planted on City property required to pay a fee in lieu of tree replacement to be deposited in the Beautification Fund of the City a shall be used solely for tree plantings. The election provide replacement trees to the City or a fee in lieu sole and absolute discretion of the City Admn Administrator elects to accept replacement trees i thereof then the City shall have the sole and absolute location and species of the replacement trees to be F Unified Lend Aevelopumt Code rr guaranteeing the ition for the removal demonstrates one or be undertaken unless existing or proposed .grity of the structure servicing or functioning )r, bicycle or pedestrian or impairment of vision. ation by insects, abuse, n whatsoever, and the 1 threat to persons or rator or the designee of ept for trees removed replaced, as set forth in lieu of replacement be required for trees all any fee be required Paragraph B(2)(e). n the development site. a the development site, .placement trees to the , or the owner shall be he City, which fee shall id the monies deposited to require the owner to thereof shall rest in the dstrator. If the City 3stead of a fee in lieu discretion to dictate the rovided to the City and -55- 1 01/16/95 Unified Land Development Cade City of Okeechobee planted on City property. 3. For each inch of DBH of tree(s) removed, an inch of DBH shall be replaced. With respect to replacement trees which � toeplanted on the ensure that the replacepment site, ment trees the owner shall use his or her best thrive. In the event any replacement tree, within ninety (90) days of its planting, shows any sign that the tree will not survive, the owner shall replace any such tree with another acceptable replacement tree. With respect to replacement trees which are donated to the City, such replacement trees shall be accompanied by a 90-day guarantee from the nursery which supplied the tree. Replacement trees shall be Florida Department of Agriculture Nursery Grade No. 1. Only the following species of trees shall be acceptable replacement trees: Large CtrPPt Median Shade Trees Live Oak Pignut Hickory Weeping Elm Slash Pine Laurel Oak Bald Cypress Sycamore Southern Magnolia Red Cedar Smaller Street & Median Shade Trees East Palatka Holly Weeping Holly Weeping Bottlebrush Rigid Bottlebrush Wax Myrtle Crape Myrtle Canary Island Date Wild Date Cabbage Washingtonian Pinto Queen -56- 01116/95 City of Okeechobee ®R E. 4. In the event the City requires a fee to be paid Subsection 2 of this Section, the fee shall approx and plant equivalent sizes and species of acceptat fee shall be calculated on a per -inch basis, and determined by the City Council, from time to tim 5. In the event it is practicable to replace a tree on th of replacing any such tree, a tree removed from oni planted at another location on the same developme to relocate a tree on the development site, the Cityj the owner/applicant to consult with a horticulturist to prescribe measures to ensure the survival of the Historic and Specimen Trees and Historic Tree Stand Unified,cLand: Davelopment code the owner pursuant to Rite the cost to purchase replacement trees. The e per -inch fee shall be development site, in lieu location on a site may be t site. If the owner elects dministrator may require )r other tree professional tree. 1. A historic tree or stand of trees is one that has been designated by the City Council as a tree or stand of trees of notable historical interest and value to the City because of its location or historical association with the community. A public hearing shall be held by the City Council on the designation with due notice to the tree(s) owner. 2. A specimen tree is one that has been officially desig iated by the City Council to be of high value because of its type, size, age or other relevant criteria. A public hearing on the designation shall be held by t ie City Council with due notice to the owner of the tree. 3. No historic tree, historic stand of trees or specim without a finding by the City Council that the tree) not economically or practically feasible to dev removing the tree(s). The applicant shall explain is/are a hazard or why it is not economically or pr the tree(s) to remain. The City Administrator sha the Council on the application and make a recorna should be approved or denied. The decision application shall be made within thirty days of the filed. Protection of Trees During Development Activities 1. To assure the health and survival of protected removed, the developer shall avoid the following I all development activities: i tree shall be removed is a hazard or that it is Dp the parcel without i detail why the tree(s) licauy feasible to allow make a presentation to adation as to whether it y the Council on the ate the application was s that are not to be of tree injuries during -57- 01/16/95 Unified Land Development Code City of Okeechobee a. Mechanical injuries to roots, trunk and branches; b. injuries by chemical poisoning; C. injuries by grade changes, d. injuries by excavations; and e. injuries by paving- 2. At a minimum, the Protective measures described below shall be taken where appropriate to the development activity. The measures shall be planned, the authority of the City Council, undertaken and not be construed as limiting to pose additional reasonable upon the advice of the City Administrator, requirements as may be necessary to preserve the health of protected trees in particular circumstances including the provision of a cash bond equal to the value of all trees determined to be at risk of injury to assure replacement of any trees injured or lost during construction. An arborist shall be consulted to ensure that proper provisions are mad e to avoid injuries to protected trees during development activities. A copy of the contract with said arborist shall be provided to the City Administrator upon issuance of a Development Order. 3. Prior to any land preparation or other development activities a protective barrier easily visible to equipment operators shall be placed around all protected trees so as to encompass the entire tree protection zone. (See Figure 1-15-1.) 4. No attachment, wires (other than supportive wires), signs or permits may be fastened to any protected tree. went, construction materials or debris of any kind shall be placed 5. No equip within the protective barrier. activities within the bounds of the protective barrier (before and cap afteerr it 6• Las S removed) shall be accomplished with light machinery or manual t is labor. Grubbing and similar activities are prohibited. 7. In lieu of constructing the barriers required bo, trees wherethe per land may physically designate large areas containing protected preparation or other development activities of any kind will occur. The area shall be designated by plag stakes a to stake and tying n'bbon, plastic tape, rope, etc., from stake protection zone of of the area. This perimeter line shall be beyond the tree p any protected trees growing within the area. -58- 01116195 v.. City of Obacbobw Unified Lsnd Development Code .. Properly constructed barricade rotects the total area within the drip line o radius of 2d, whichever is less. Figure 1-15-1 Properly Constructed Barrier -59- 01/16/95 Unified Land Development Code City of Okeechobee 8. Required protective barriers and perimeter lines shall remain in place until all construction activity, except landscaping within the protected area, is terminated. 9. No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical or other material or tools of any kind shall be stored within, or allowed in any manner to enter, a required protective barrier or perimeter line. 10. No equipment shall be cleaned within a required protective barrier or perimeter line. 11. When raising the grade, the following measures shall be taken: a. Within the. tree protection zone, existing sod, vegetation and leaf litter shall be removed and the soil loosened without injuring the roots. b. The area within the tree protection zone shall be properly fertilized to improve the vigor and growth of the roots. C. Porous, four -inch agriculture drain tiles shall be laid over the soil to drain liquids away from the trunk. A drop of at least 1/8 inch per foot shall be provided. The drain field shall be designed to provide adequate drainage of the existing configuration of the trees. d. The number of drains shall depend upon soil material; lighter sandy soils and porous gravelly material require fewer drains than heavy non- porous soils. e. Aeration shall be provided by installing vertical tiles along the system. The vertical tiles shall be filled with gravel and capped with a heavy- duty mesh to keep out trash and debris. f. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Most large shade trees require at least a sixty -inch diameter well. For slow -growing mature trees, a space of twelve to eighteen inches shall be provided between the trunk and the side of the well at every point. well casing g. To prevent material from washing into the well, the dry g walls shall be high enough to bring the coping just above the level of the proposed fill. h. Dry well walls shall be constructed of materials that permit passage of air and water. Concrete blocks backed with galvanized screening may be used for the sides of the well. i. Gratings or barriers shall be used around openings that are large enough to present a hazard to pedestrians, - -60- 01116195 s City of Okeechobee 12. j. Open wells shall be cleaned regularly, to debris that might interfere with the free k. Large stones shall be placed over the i smaller stones shall be placed over the re the drip line. 1. A layer of gravel shall be placed over th m. The fill shall be completed with a layer e 15-2, 1-15-3, and 1-15-4.) When lowering the grade, the following Unified Land DmIapmmt Code sediment, leaves and of air. tiles and a layer of of the ground within stones. porous soil. (See Figures 1- shall be taken: a. Roots shall be cut cleanly and re-trimme after excavation. b. The canopy shall be pruned to aid in fairing tree vigor. C. When lowering the grade of the soil surro ding a protected tree, the maximum number of tree roots within th tree protection zone shall be preserved by using any of the followin methods: (1) Terracing - the area within the tree protection zone is left at the original grade by terracing. (2) Retaining Wall - the area within the tree protection zone is left at the original grade constructing a dry retaining wall, the retaining wall shall be porous to w for aeration. (3) Terracing and Retaining Wall - the area within the tree protection zone is left at the original grade by the combined use of terracing and dry retaining wall. (See Figure 1-15-5.) 13. Minor Changes in Grade When the change in grade is minor, as determined by the City Administrator, lesser protective measures than those described bove may be taken. The City Administrator shall approve the use of thes methods where their use will not endanger the health of the protected tree 14. Water, sewer and other utility lines should be routed around the tree protection zones of protected trees. 15. If a line cannot reasonably be routed around the tree protection zone, the line shall be tunnelled beneath the area within the ne. The tunnel shall be offset to one side of the trunk to prevent damage to the main tap roots. 16. Porous paving or turf block may be placed within a protected tree, if no damage is inflicted to the tree protection zone of -61- 01/16/95 Unified Land Development Code City of Okeechobee Dr yy well around free permits air and water circulation. Tites on ground are sloped to drain away from trunk and off roots (arrow). Vertical ball tiles (A) are connected with ex#etnadrain o right permitadditional holdioerelct •r circulation*. one on by loose stones. _ _ _ _ RM This drawing shows a grid pattern of tiles for draining a strand of trees. -62- 01/16195 I I City of Okeechobee rr� -- J 1 DRAIN TILE •�,,r, DRAIN TIL Figure 1-15-3 Raising The Grade f� Wks# . 1.40 -63- Unified Land Dmiopmmt Code VERTICAL DRAIN TILE VERTICAL DRAIN TILE 01/16/95 City of Okeechobee rigure 1-17-'t xuamaaab ..... ----- Unified Land Development Code _64_ 01J16195 City of Okeechobee • .s Original grade r tyew gods Original grade Dry retaining wall •— Figure 1-15-5 Lowering The Grade -65- .10 Mixture leaf m Unified Land Development Code u and s�mass or 01/16/95 Unified Land Development Code city of Okeechobee F. Preservation of Protected Trees As Grounds for Variance from Other Requirements of this Code ` The preservation of any protected tree may be considered as a factor in rendering a decision upon an application for a variance from the literal application of other requirements of this Code. See Volume IV of this Code for Variance provisions. 1.15.02 Environmentally Sensitive Lands A. Relationship to Other Requirements Relating to the Protection of Environmentally Sensitive Lands In addition to meeting the following protection of environmentally sensitive 'lands requirements, development plans shall comply with applicable federal, state, and Water Management District regulations relating to environmentally sensitive lands. In all cases the strictest of the applicable standards shall apply. B. Compliance when Subdividing Land Each lot of a proposed subdivision must include a site suitable for building a structure in conformance with the standards of these protection of environmentally sensitive lands regulations. C. Creation of Protected Environmentally Sensitive Zones 1. There is hereby created a "Environmentally Sensitive Zone" in which special restrictions on development apply. 2. The boundaries of this zone shall be the most landward extent of the following: a. Areas within the dredge and fill jurisdiction of the Department of Environmental Regulation as authorized by Section 403 of the Florida Statutes. b. Areas within the jurisdiction 404 Clean Water Act or Section lOn gineers as authorized by Section River and Harbor Act. ction of the South Florida C. Areas within the jurisdi District pursuant Section 74-10 Florida dministrativeater �Code. ement -66- 01116/95 3 f�ec d 0Z/f0105 City of Okeechobee to E. Development Activities Within Protected Environmentally Except as expressly provided herein, no development ac a Protected Environmentally Sensitive Zone. Activities Prestimed to Have an Insignificant Environmentally Sensitive Zones 1. Certain activities are presumed to have an insignifica beneficial functions of Protected Environment Notwithstanding the prohibition in § 1.15.02(D) of this may be undertaken unless it is shown by competent a that the specific activity would have a significant Protected Environmentally Sensitive Zone. 2. The following uses and activities are presumed to have effect on environmentally sensitive zones: a. Scenic, historic, wildlife or scientific preserves b• Minor maintenance or emergency repair to improved areas. C. Cleared walking trails having no structural con d. Recreational fishing. e. Constructing fences where no fill activity is navigational access will not be impaired by col f. Developing an area that no longer functions former wetland that has been filled or altered ii regulation, statute or this Code. The developer the water regime has been permanently altere+ naturally, in a manner to preclude the area fro; water or hydroperiodicity necessary to sustain function. If the water regime of a wetlanc dominant vegetation of the area, the City shall de of restoring the altered hydrology. If the wedal a cost that is reasonable in relation to benefits t, restored wetland, the developer shall, as a coed restore the wetland and comply with the require g• Developing a "Wetlands Storm Water Di: 'Treatment Wetland" in accordance with state pi Chapters 17-25 and 17-6, Florida Administrativf -67- Unified Land Development Code Zones shall be undertaken in Affect on Protected 1t adverse affect on the My Sensitive Zones. Section, these activities id substantial evidence adverse effect on the insignificant adverse existing structures or required and where truction of the fence. a wetland, except a violation of any rule, lust demonstrate that either artificially or i maintaining surface etland structure and species remain the ermine the feasibility i may be restored at be derived from the ion of development, nents of this Code. harge Facility" or wits received under Code. 01/16/95 &-d OZI20145 Unified Land Developowt Code City of Okeechobee F. Mitigation 1. Generally a. Compensatory mitigation, by which environmentally sensitive lands are d, enhanced and/or restored to compensate for the purchased, create loss of such lands, is required. b. The purchased, created, enhanced or restored environmentally sensitive land must be of the same type as that destroyed or degraded. C. Compensatory mitigation shall not be the basis for approving a project that could not otherwise be approved. itigation plan shall ant a d. A developer of a come satory m: conservation easement under Section 70406Florida Statutes, on the newly purchased, created, enhanced or restored environmentally sensitive lands to protect them from future development. 2. Wetlands Compensatory wetland mitigation shall require that the amountofo assurethat the purchased, created, enhanced or restored be large enough amount of wetlands destroyed or degraded olbe completely and successfully ed wetlands shall b presumed replaced. The ratio of replacement to destroyed to provide reasonable assurances for mitigation if it is replaced at a ratio of 4:1. G. Restricted Development Zone There is hereby created a Restricted Development Zoneadjacent all land within feet tected Environmentally Sensitive Zone. This zone shall encompass of the boundary of the Protected Environmentally Sensitive Zone. 1, All development in a Restricted Development Zone verse effects on the adjall be acent constructed and maintained to avoid significant environmentally sensitive zone. 2. The acreage within the Protected Environmentally Sensitive Zone may be able units oent used to determine the total allow soquaartf of such an eareapmThis that will be allowed on a site containing P development potential may be transferred from the Pr for beyond ected mentd d Sensitive Zone to the Restricted Development 011161" -68- &8 0212005 City of okeechobx 3. for in Section 1.16. transferred from Development Zone such area. Unified Laid Development code Allowable development potential may not, however, be outside the area encompassed by the Restricted and Protected Environmentally Sensitive Zone to within The following special design standards apply within Zones adjacent to Environmentally Sensitive Zone. a. 19 C. Wherever possible, natural buffers shall 1 development and all Protected Environment, natural buffer does not exist, an equivalent The size of the buffer shall be the minim, significant adverse effects on the Protected E Zone. The factual basis of the decision as shall be stated as a finding in the written rec The developer shall completely restore any Environmentally Sensitive Zone damages Complete restoration means that the damage years, be operating as effectively as the nati being destroyed. Other reasonable protective measures necessa adverse effects on a Protected Environmentall, required. The factual basis of the decision shall be stated as a finding in the written recoi may include, but are not limited to: (1) Maintaining natural drainage patterns. (2) Limiting the removal of vegetation to d to carry out the development activity. (3) Expeditiously replanting denuded areas. (4) Stabilizing banks and other unvegetated erosion -control measures. (5) Minimizing the amount of fill used in the (6) Designing, locating, constructing a: development in a manner that mini damage. (7) Prohibiting septic tanks. (8) Using deed restrictions and other legal n the developer and successors to protect sensitive areas and maintain the develo with the protective measures. Development retained between all Sensitive Zones. If a iffer shall be created. necessary to prevent ironmentally Sensitive the size of the buffer lortion of a Protected during construction. area shall, within. five al system did prior to y to prevent significant Sensitive Zone may be > require the measure I. Protective measures minimum necessary areas by siltation -and development activity. d maintaining all sizes environmental :cnanisms to require the environmentally went in compliance -69- D01,/,Its//9S / City of Okeechobee Unified Land Development Code 4. The following special design standards apply within Restricted Development Zones: a. All development shall be setback greater than or equal to forty feet from the landward boundary of any shoreline. b. Total impervious surface, including but not limited to buildings, houses, parking lots, garages, accessory buildings, driveways, pools and walkways is limited to fifty percent of the land area of the entire site. C. The development shall leave a minimum of fifty percent of the site as trees, shrubs or other natural vegetation, or replace existing trees at a (minimum) 2:1 ratio. d. Point source and nonpoint source discharges are prohibited, except for stormwater, which may be discharged only if it meets the following minimum standard. Stormwater discharges shall include an additional level of treatment equal to fifty percent of the treatment criteria specified in the rules of the South Florida Water Management District, and shall provide off-line retention or off-line detention with filtration of the first one-half inch of run-off of the total amount required to be treated. If the City or any state agency has a stormwater rule which is stricter than this standard, then the stricter rule or combination of rules shall apply. e. Siltation and erosion control measures shall be applied to stabilize banks and other non -vegetated areas during and after construction. Sediment settling ponds shall be installed for stormwater runoff prior to the creation of any impervious surfaces. For lots or parcels that are cleared, silt screens shall be placed between the construction site and the water body to prevent erosion and siltation. f. Septic tanks shall not be allowed. g. If no natural vegetation exists, a strip of buffer vegetation shall be planted between development activities and the protected zone. Buffers shall be a landscape standard C and shall be composed of native plant species. H. Prohibited On -Going Activities The following standards apply to post -development activities taking place within any Restricted Development Zone or Protected Environmentally Sensitive Zone. 1. Absent an amendment to the development order, point source and nonpoint source discharges shall continue to meet the standards applicable to the original development. -70- 01116/95 f ,�� Q2j2o(4F 3 i City of Okeechobee 2. Absent an amendment to the development order, n< vegetation that was permitted for the original devel 3. Developments where fuel or toxic substances. will f sold shall employ the best available facilities a prevention, containment, recovery and mitigation of substances. Facilities and procedures shall be design from entering the water or soil, and employ adequai effective clean-up of spills that do occur. 4. No toxic or hazardous wastes or substances containers. 5. Storage or disposal of all types of wastes is prohi 6. The long-term storage of equipment or materials shall be prohibited. Unified Lind Development Code person shall clear more stored, transferred, or i procedures for the Cage of fuel and toxic 1 to prevent substances means for prompt and be stored in outdoor on shorelines. the disposal of wastes 7. Fertilizers, herbicides or pesticides shall not be applied in a Protected Environmentally Sensitive Zone except for projects conducted under the authority of Sections 373.451 through 373.4595, Florida Statutes, the Surface Water Improvement and Management Act, and governmentally authorized mosquito control programs. 8. Fertilizers, pesticides and herbicides used in Restrict d Development Zones shall be applied sparingly and at appropriate rates an time intervals. 9. Vehicles used for mixing or spraying chemicals are prohibited from drawing water directly from waters. 10. Sewage, solid waste and petroleum waste generated b vessels or vehicles on the site shall be properly collected and disposed of. 1.15.03 Groundwater and Wellheads The purpose of groundwater protection standards is to safeguard welfare of the citizens of the City of Okeechobee. This is accompl the protection of the principle source of water for domestic an availability of adequate and dependable supplies of good qualb importance to the future of the city. Therefore, standards are descri the intent of protecting both the quantity and quality of the grou -71- he health, safety and bed through ensuring industrial use. The water is of primary :d in this section with 1 water supply. It is 01/16/95 btCd 0212 /qn: city of Okeechobee unified Land Development Code further the intent of this section to control development in and adjacent to designated wellheads to protect water supplies from potential contamination. A. Restrictions on Development 1. No development activities shall take place in the zone of exclusion. 2. The following land uses are prohibited within Wellhead Protection Area: a. Landfills. b. Facilities for the bulk storage, handling of processing of materials on the Florida Substance List (Ch. 442, F.S.). C. Activities that require the storage, use, handling, production or transportation of restricted substances: agricultural chemicals, petroleum products, hazardous/toxic wastes, industrial chemicals, medical wastes, etc. 3. Special restrictions on development allowed within the wellhead protection area: a. Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. b. Where development is proposed in areas with existing wells, these wells shall be abandoned, including adequate sealing and plugging according to Chapter Rule 17.28, Florida Administrative Code. 4. No wells for private use that extract ground water below the surficial aquifer shall be permitted. 1.15.04 Floodplains A. Abrogation and Greater Restrictions These flood damage prevention regulations do not repeal, abrogate or impair any existing easements, covenants or deed restrictions. B. Warning and Disclaimer of Liability Although the degree of flood protection required by these flood damage prevention regulations is reasonable and appropriate for regulatory purposes, based on scientific and engineering considerations, more severe floods will occur and flood heights may be increased by man-made or natural causes. Consequently, these flood damage prevention regulations do not imply that land outside the Areas of Special Flood Hazard or uses permitted within those areas will be free from flooding or flood -72- 011161" pm'd 0ZI20i5 City of olceecl,obee damages. These flood damage prevention regulations shall part of the City or any of its officers or employees for any i from reliance on these flood damage prevention regulatic decision lawfully made thereunder. C Declaration of Public Nuisance All development located or maintained within any Area after the adoption of this Code, in violation of these regulations or previously enforced flood damage preven declared a public nuisance. D. Standards for Reducing Flood Hazards in the Area of Unified Land Development Code not create liability on the Iood damages that result ns or any administrative Special Flood Hazard d damage prevention regulations is hereby Flood Hazard The standards in this part apply to all development within the Area of Special Flood Hazard as shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map. L Anchoring All new construction and substantial improvements of eadsting construction shall be anchored to prevent flotation, collapse or lateral movement of the structure during a base flood. Manufactured homes shall be anchored, tied down and blocked in accordance with the standards of Section 15C-1.10, Florida Administrative Code. 2. Construction Materials and Methods All new construction and substantial improvements C,f eadsting construction shall be constructed with materials and utility equipment resistant to flood damage, and using methods and practices that will iminimize flood damage and prevent the pollution of surface waters during a ase flood. 3• Service Facilities and Utilities a. Electrical heating, ventilation, plumbing, air c nditioning and other service facilities shall be designed or located to prevent water from entering or accumulating within and damaging a components during a base flood. b. All new and replacement water supply and s 'tary sewage systems shall be designed to minimize or eliminate both infiltration of flood waters into the systems and discharges from tie systems into flood waters. C. On -site sanitary sewage systems shall be locatt d and constructed to avoid impairment to them or contamination fro them during flooding and shall not be installed wholly or partially in a Regulatory Floodway. -73- oin4s &J 021MA5 City of Okeechobee Unified Land Development Code 4. Storage of Materials and Equipment a. Storing or processing materials that would, in a flood, be buoyant, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. b. Materials or equipment immune to substantial damage by flooding may be stored if firmly anchored to prevent flotation or if readily removable from the area upon receipt of a flood warning. 5. Residential Structures a. All new construction and substantial improvements of existing construction of residential structures shall be constructed with the lowest floor elevated to or above the Flood Protection Elevation. b. For all new construction and substantial improvements of existing construction, enclosed areas below the lowest floor that are subject to flooding shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for automatic entry and exit of floodwater. Designs for meeting this requirement must either be certified as meeting this requirement by a registered professional engineer or architect, or meet or exceed the following minimum standards: 1) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. 2) Place the bottom of all openings no higher than one foot above grade. 3) Equip openings with devices, such as screens, louvers or valves that permit the automatic entry and exit of floodwater. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (i.e., a garage door) or storing equipment used to maintain the premises (i.e., a standard exterior door), or entering the living area (i.e., a stairway or elevator). The interior of the enclosed area shall not be partitioned or finished into separate rooms. C. Electrical, public water and sanitary sewer, plumbing and other utility connections shall not be placed below the Flood Protection Elevation unless designed to prevent water from entering or accumulating within and damaging components, during a base flood. All accessory structures shall be equipped with flood -proof utility facilities or other safety measures as directed by the City Administrator. -74- 01/161" &d 02/24OP5 City of Okeechobee Nonresidential Structures New construction and substantial improvements nonresidential structures shall either comply with constructed, including attendant utility and sanit following standards: a. Walls below the Flood Protection Elevatioi impermeable to the passage of water. b. Structural components shall resist hydrostatic and effects of buoyancy. C. Be certified as meeting the standards of this professional engineer or architect. Subdivisions a. All preliminary subdivision proposals shall idea Flood Hazard and the elevation of the Base I b. All final subdivision plans shall identify the structures and pads. If the site is filled above tl pad elevation shall be certified by a registered f surveyor. C. All public utilities and facilities in subdivision constructed to minimize flood damage and shall to reduce exposure to flood hazards. d. Each lot must include a site suitable for b conformance with the standards of these floc regulations. United Land Development code existing construction of 1.15.04D5 above, or be y facilities, to meet the shall be substantially hydrodynamic loads section by a registered the Area of Special elevation of proposed e Base Flood, the final rofessional engineer or shall be located and be adequately drained lrng a structure in damage prevention e. All a;reements for deed, purchase agreements, leases or other contracts for sale or exchange of lots within an Area of Special Flood Hazard and all instruments conveying title to lots within an Area of Special Flood Hazard must prominently. publish the following flood hazard warning in the document: FLOOD HAZARD WARNING THIS PROPERTY MAY BE SUBJECT FLOODING. YOU SHOULD CONZ LOCAL BUILDING AND ZONING OFFICI AND OBTAIN THE LATEST INFORMA7 ABOUT FLOOD ELEVATIONS E RESTRICTIONS BEFORE MAKING PL FOR THE USE OF THIS PROPERTY. -75- 011161" Pc c4 OZO/45 Unified Land Development Code City of Okeechobee 8. Substantial improvements Any combination of repairs, reconstruction, alteration or improvements to a structure taking place during any five-year period in which the cumulative cost equals or exceeds fifty percent of the appraised or assessed value of the structure, prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the occurrence of the damage. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. E. Standards for Reducing Flood Hazards in Certain Zones within the Area of Special Flood Hazard > 1. Regulatory Floodways The following standards apply to Regulatory Floodways located within the Area of Special Flood Hazard a. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless a registered professional engineer certifies and demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not result in any increase in flood levels during a base flood. b. All new construction and substantial improvements of existing construction shall comply with all applicable flood damage prevention provisions of § D, of this Section. F. Administration and Enforcement In addition to the administrative and enforcement provisions in Volume IV of this Code, the following provisions apply. 1. Designation and Duties of Local Administrator The City Administrator shall administer and implement the provisions of these flood damage prevention regulations. In addition to duties assigned elsewhere, the Administrator shall: a. Review all proposed developments to assure that the requirements of these regulations have been met. b. Review all certificates submitted to satisfy the requirements of these regulations. -76- 01/16/95 &!4 Ovtolgro City o[ Okeechobee 2. C. Notify adjacent communities, the Water Ma State of Florida Department of Community or approving any alteration or relocation of evidence of such notification to the Federa: Agency. d. Verify and record the actual elevation (in r of the lowest floor, or of the floodproofing, improved structures regulated by these i regulations. e. Interpret the boundaries of the Area of Spet various zones, including the Regulatory Flo Hazards Areas. f Maintain all records pertaining to the impl( damage prevention regulations. Certification of As -Built Elevations a. For development activity which includes sin base flood elevations are available, the dev Administrator a certification prepared by a i licensed professional engineer of the as-bu; mean sea level of the lowest floor, floodproo structural members of the lowest floor, as apj shall be provided before additional construe b. The Administrator shaII review submitted B and inform the application of deficiencies wi No work shall be permitted to proceed adequately removed in the opinion of *the � submit the certification or to make required to issue a stop -work order for the project. Uniried Land Development Cad, iagement District, and the kffairs, prior to permitting ,watercourse, and provide Emergency Management lion to mean sea level) all new or substantially id damage prevention Flood Hazard and the ,ays and Coastal High tation of these flood Lures, and in areas where toper shall submit to the gistered land surveyor or elevation in relation to d elevation or horizontal icable. This certification ion may occur. Dr elevation survey data iin fifteen working days. until the deficiency is ministrator. Failure to wrections shall be cause C. Upon submittal of certified elevations and/or a determination by the Administrator that the development meets all of the applicable requirements of these flood damage prevention regulations, the Administrator shall issue a Certificate of Compliance. All work performed before the issuance of this certifica a shall be at the risk of the developer. 3. Enforcement a• Any violation of these flood damage prevention regulations is a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. b. In addition to any remedy or penalty provided herein or by law, any person who violates the provisions of these flo d damage prevention -77- oln6/" f ..t 02120M City of Okeechobee Unified Land Development Code regulations shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for a period not to exceed sixty days, or by both such fine and imprisonment. Each day during which the violation occurs shall constitute a separate offense. C. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid. -78- 0j02 12014'5 City of Okeechobee 1.16.00 DEVELOPMENT DESIGN AND The purpose of this Section is to provide development design applicable to all development activity within the city. A. Responsibility for Improvements All improvement required by this Section shall be design, by the Developer unless otherwise provided by the Code. B Principles of Development Design The provisions of this Section are intended to ensure development. Development design shall first take into natural resources as prescribed in Section 1.15.00 of this shall be designed to avoid unnecessary impervious surface c access to lots and sites; and to avoid adverse effects of sl traffic, drainage, and utilities on surrounding properties. 1.16.01 Minimum Lot Area, Lot Coverage and Setbacks A. Requirements for All Developments All developments shall have a total land area sufficient t design standards in this Code including, but not limited to, setbacks from abutting rights -of -way, buffers, stormwater parking and circulation, protection of environmentally sensi provisions which may require land are to be set aside. B. Specific Requirements for Residential Development Minimum lot area for individual lots within a development in the following requirements: 1. The land area for the total project is sufficient to as stated in paragraph A of this Section. 2. Land, exclusive of individual lots to be conveyed shall be controlled and maintained through a i property owners' association, or other similar prov to a governmental or not -for -profit organization a] Unified Land Development Code STANDARDS improvement standards installed, and paid for tional and attractive mt the protection of le. All development ; to provide adequate ov, glare, noise, odor, meet all development rid required to provide ianagement, off street ,e lands, and any other be as provided for standards of this Code fee simple ownership, iominium association, a, or may be conveyed )ved by the City. -79- 01/16/95 aty of Okeechobee Unified Land Development Code Recordable instruments providing for these common ownership lands shall be submitted for review and approval with the application for development plan review as provided in Volume III or Volume IV, whichever is applicable. C. Impervious Surface Coverage 1. Impervious surface on a development site shall not exceed the ratios provided in the table in paragraph 5 of this Sub -Section. 2. The impervious surface ratio is calculated by dividing the total impervious surface by the gross site area. Water bodies are impervious and shall be included as such in the impervious surface ratio calculation. 3. Because the impervious surface ratio is calculated for the gross site, cluster development or other site design alternatives may result in individual lots within a development project exceeding the impervious surface ratio, while other lots may be devoted entirely to open space. The City may require, as a condition of approval, deed restrictions or covenants that guarantee the maintenance of such open space in perpetuity. 4. If porous paving materials are used in accord with City specifications, then the area covered with porous paving materials shall be counted as fifty percent impervious surface. Table of Impervious Surface Ratios Msudmum Land Use District Impervious Surface Ratio! Single Family Residential 60 percent Multi -Family Residential 60 percent ,-� Industrial , 85 percent Public Facilities 85 percent 'The maximum impervious surface ratio is given for each district, regardless of the type of use proposed and allowable pursuant to Section 1.13.03, except as provided in the Taylor Creek overlay zone. -80- 01/16/95 1.1;Okeechobee Transportation Systems This section established minimum requirements applic< transportation system, including public and private streets, Parking and loading areas, and access control to and from pub this Section are intended to minimize the traffic impacts of del developments adequately and safely provide for the storage consistent with good engineering and development design pra4 All required elements of the transportation system shall be pr engineering design and construction standards prescribed by A. Rights -Of --Way 1. Right -of -Way Widths Right-of-way requirements for road construction City in the Standards for Construction, Maintel (Public Works Manual) found in Volume M. 2. Future Rights -of -Way Future right-of-way requirements are identified Element of the Comprehensive Plan and in the Pa roadway construction, improvement, or reconstruc the needs of the proposed development project; nevertheless be reserved for future use. No part o used to satisfy minimum requirements of this Coo 3. Protection and Use of Rights -of Way a. No encroachment shall be permitted into e2 for temporary use authorized by the city. b. Use of the right-of-way for public or private limited to, sanitary sewer, potable wate television wires, gas lines, or electricity trar subject to the placement specifications pr other applicable city and/or county regulat C. Sidewalks and bicycle ways shall be placed 4. Vacations of Rights -of -Ways Applications to vacate a right-of-way shall be of the following requirements are met: -83- Unified Lnd Development Code ble to the development bikeways, pedestrian ways, is streets. The standards in elopment, to assure that all and movement of vehicles -d in compliance with the City. be as prescribed by the and Design of Streets in the Traffic Circulation ►lic Works Manual. Where ion is not required to serve future rights -of -way shall the reserved area shall be rights -of -way, except ilities, including, but not telephone wires, cable ussion, shall be allowed .*bed by the City, and the right-of-way. upon a finding that all 01/16/95 City of Okeechobee f:1 Unified Land Development Code a. The requested vacation is consistent with the Traffic Circulation Element of the City Comprehensive Plan. b. The right-of-way does not provide the sole access to any property. Remaining access shall not be by easement. C. The vacation would not jeopardize the current or future location of any utility. d. The proposed vacation is not detrimental to the public interest, and provides a positive benefit to the city. Street Design Standards 1. General Design Standards a. All streets in a new development shall be designed and constructed pursuant to the standards prescribed in the Public Works Manual. b, The street system of the proposed development shall, to the extent practicable, conform to the natural topography of the site, preserving existing hydrological and vegetative patterns, and minimizing erosion potential, runoff and the need for site alteration. Particular effort should be directed toward securing the flattest possible grade near intersections. C. Streets shall be laid out to avoid environmentally sensitive areas. d. The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area. e. Streets in proposed subdivisions shall be connected to rights -of -way in adjacent areas to allow ��epr stub inter-neighborhood tts in t�bn� development shall c flow. If adjacent lands are unp d, be provided for future connection to the adjacent unplatted land. f. Residential streets shall be arranged to discourage through traffic. 2. Paving Widths paving widths for each street classification shall be as prescribed by the Public Work Manual. 3. Stub Streets a. Residential access and subcollector stub streets may be permitted only within subsections of a phase development for which the proposed street in its entirety has received final site plan approval• rmitted b. Residential collector and higher order stub• streets may be pe or required by the city provided that the future extension of the street is deemed desirable by the city or conforms to the adopted Traffic Circulation Element. -84- 01/16/95 City Of okeedwbee 4. C. Temporary turnarounds, shall be provided access to five or more lots or housing units. lots are being served, a sign indicating a de Signage and Signalization The developer shall deposit with the City sufficient fu roadway signs and traffic signalization as may be regi city or state traffic standards. At least two street na each four-way street intersection, and one at each installed under light standards and fire of visual obstr name signs shall be consistent, of a style appropriate uniform size and color. C. S&ewalks and Bikeways 0 When Required a. Projects abutting collector or arterial facnitie adjacent to the collector or arterial roadway. I Ube consistent with planned roadway improvem, Sidewalks shall be provided on both sides ofi sidewalk is to be placed on only one side of a Administrator must approve the location based 1) Location of existing sidewalks in the v 2) Any sidewalk improvement plans the ( 3) Location of any existing or proposed s in the vicinity of the development; and 4) Any safety considerations. C. Where a proposed development includes improven of collector or arterial facilities, facility designs sl sidewalks and bikeways within the right-of-way. d. Residential projects adjacent to or in the immedia center comprised of commercial, office, service shall provide pedestrian and bicycle access from activity center. e. Pedestrian -ways or crosswalks, not less than ten-fe meeting the requirements of this Code, may 1H Administrator or City Council to be placed in the than 800 feet long where deemed necessary to access to schools, Playgrounds, shopping centers, i community facilities. . unirwa I.MW Development cane all stub streets providing here four or fewer units or end street shall be posted. Is to provide all necessary ed by the city, based upon e signs shall be placed at tersection. Signs shall be tion. The design of street the community, and of a shall Provide sidewalks cation of sidewalks shall residential streets. If a adential street, the City . the following. ity of the development; may have; :)Is, or recreation areas s or new construction include provision for to vicinity of an activity or recreation activities the development to the et wide with a sidewalk required by the City center of blocks more Provide circulation or ransportation and other -85- City of Okeechobee Uaifled Land Development Code 2. Design and Construction Standards a. Design and construction of sidewalks, bikeways, or other footpaths shall conform to the requirements as prescribed by the Public Works Manual, including provisions for access by physically handicapped persons- b. Design, construction or alteration of any median strips shall conform to the Public Works Manual and/or any access management plan agreed upon between the City and the Florida Department of Transportation- D. Access All proposed development shall meet the following standards for vehicular access and circulation: Maximum Number of Access Points a. Ali projects shall have access to a public right-of-way. The maximum number of access points shall be as follows: Number of Preferred Type Type of Development Access Points of Access Residential, < 75 units* 1 Residential or Minor Collector Residential, 75+ units* 2 Minor Collector Nonce <300 1 Collector requited parking spate Non esidential, 300-999 2 Major Collector NongesidenfA 1,000+ 2 or more Major Collector required ]fig spaces or Arterial • Individual smgie-iamly driveway access. whom distance from intersecting roadway intersections can be met, circular driveway connections may be allowed. Any acxesa points greater than 1 will require a traffic study to justify any need greater than 1, but in no case shall the nuadomm number be exceeded. b. Notwithstanding the provisions in paragraph one above: 1) A non-residential development, or a multifamily residential -86- otn6s City of Okeechobee 9 3. 4. 2) Unified Land Deaeopment code development, on a corner lot may be allowed two points of access. However, no more than one access shall be onto an arterial. Schools may have one additional access, provided that the additional access drive is limited tj school bus use only. Separation of Access Points a. The separation between access points onto arterial and collector roadways, or between an access point and an intersection of an arterial or collector with another road, shall be ass own in the following table: Functional Class of Roadway Points Major Arterial Minor Arterial Major Collector Minor Collector b. The distance between access points sh centerline of the proposed driveway or roa nearest adjacent roadway or driveway. C. Adjacent uses may be required to share a that appropriate access easements are gu property owners. Alternative Designs Where natural features or spacing of existing driv the foregoing access requirements to be physically i may be approved by the City. Access to Residential Lots a. Access to non-residential uses shall not be approved, or developed for residential use. b. All lots in a proposed residential subdivisi and access from an existing street meetini Code. C. Access to all lots in a proposed residential s of a residential street. Feet Feet Feet Feet be measured from the Ly to the centerline of the non driveway provided between or among the and roadways cause ►le, alternate designs an area designed, n shall have frontage on the requirements of this shall be by way -87- 01/16/95 Unified Land Development Code City of Okeechobee 1.16.03 Off -Street Parking and Loading Off-street parking facilities shall be provided for all development within the city pursuant to the requirements of this Code. The facilities shall be maintained as long as the use exists that the facilities were designed to serve. A. Computation 1. When determination of the number of off-street spaces required by this Code results in a fractional space, the fraction of one-half or less may be disregarded, and a fraction in excess of one-half shall be counted as one parking space. 2. In places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, and/or which contains an open assembly area, the occupancy shall be based on the maximum occupancy rating given the building by the fire marshall. 3. Gross floor area shall be the sum of the facess horizontal of the extents area of all wallfloors of a building measured from the B. Number of Parking Spaces Required 1. Requirements in Matrix The matrix below, Table 16.1, specifies the required minimum number off- street automobile parking spaces and notes any special requirements that may apply. 2. Uses Not Specifically Listed in Matrix The number of parking spaces required for uses not specifically listed in the matrix shall be determined by the City Administrator. The City Administrator shall consider requirements for similu uses and appropriate traffic engineering and planning data, and shall establish a minimum number of parking spaces based upon the principles of this Code. 3. Treatment of Mixed Uses Where a combination of uses is developed, parking shall be provided for each of the uses as prescn'bed by the matrix, unless a reduction is granted pursuant to f s G, H and I of this Section. -88- 01/16/95 City of Okeechobee 4. U Tandem Parking Spaces The term "tandem parking space" used in the m that abuts a second parking space .in such a maj the second space can be made only through the Special Parking Spaces Any parking area to be used by the general pul marked parking spaces for handicapped persons. location of these spaces shall be consistent with th 316.19559.1956, Florida Statutes, or succeeding pn required for the handicapped shall be counte, determining compliance with Table 16.1 of this P: the handicapped shall be paved. -89- Unified Lad Development Code means a parking space that vehicular access to sting (tandem) space. lic shall provide suitable, The number, design, and : requirements of Sections visions. No parking space as a parking space in M but optional spaces for 01/16/95 Unified Land Devekgxncnt Code City of Okeechobee Table 16.1 Parking Requirements Matrix Minimum off-street Notes Use Parking Requirements RESIDENTIAL 1. Conventional Detached:` " 2 and 3 bedrooms * If on -street parking is not permitted or is 2 spaces/unit restricted on the unit's 4 bedrooms street frontage, then 1 3 spaces/unit. visitor parking space shall be required. The Notwithstanding the above, every visitor space shall be P located not more than unit shall have a double -wide 100 feet from the unit's driveway regardless of the garage street frontage. or carport size. •* Resident parking spaces may be tandem. 2. Cluster/Multi-Family Development Resident Parking* Studio: 1 space/unit * Resident parking spaces may be tandem; Developer shall submit a 1 bedroom 1.5 spaces/unit parking study. 2, 3 or more bedrooms ** On -street parking provided in accordance 2.0 spaces/unit with the dimensions Visitor Parking**spaces S space/unit required for parallel may count toward fulfilling visitor parking requirements. These spaces most be located in $ L16.031? Lb. 3. Housing for the Elderly: 1.2 spaces/unit COMMERCIAL 4. Uses Located In Commercial 1 space/250 square feet of gross Shopping Centers. floor area. -90- 01/16/95 ■ City of Okeechobee Unified Lnd Devekvinent Code Table 16.1 Parking Requirements Matrix Minimum Off-street Use Parking Requieements Notes COMMERCIAL AND SERVICE USES LOCATED INDEPENDENTLY 5. Bank, Savings & Loan: i space/250 square feet of gross floor area. 6. Hoteh 1 space/unit plus spaces required for accessory uses. 7. Nurseries: 1 space/250 square feet of gross floor area for retail sales, plus 1 space/1,000 square feet of outdoor area devoted to displays and storage. & Offices: * For on -site parking facilities containing 1,000 Administrative, business 1 space/250 square feet of gross or more parking spaces, and professional* floor area the parking requirements small be 1 space per 500 Government* 1 space/200 square feet of gross square feet of gross floor floor area. area for parking spaces required in excess , of 1,000. 9. Restaurants: 1 space/75 gross square feet of floor area up to 6,000 gross square feet, plus 1 space/55 gross square feet of floor area over 6,000 gross square -feet. 10. Retail, General (i.e. 1 space/250 square feet of gross department stores, area. markets): HEALTH SERVICES 11. Convalescent and Nursing 1 space/4 beds Homes: 12. Medical and Dental Office 1 space/180 square feet of gross and Clinics: floor area. -91- 01/16/95 City of Okeechobee Use INDUSTRIAL USES 13. Research and Development: 14. Warehouses: ENTERTAINMENT & RECREATION 15. Driving range (Golf): 16. Golf Course (Regulation): 17. Parks (public or Private):* 1& Tennis, Handball, and Racquetball Facilities: 19. Health Club:* MISCELLANEOUS 20. Recreation Center 21. Places of Public Assembly: Table 16.1 parking Requirements Matrix Minimum Of[ -street Parking Requirements 1 space/1,000 square feet of gross floor area for the first 20,000 square feet devoted to warehousing plus the required parking for square footage devoted to other uses. 1 space/2,000 square feet for the second 20,000 square feet. 1 space/4,000 square feet for floor area m excess of 40,000 square feet. 1 space/tee plus required parking for any other uses on the site. Unified Land Development Code Notes 6 spaces/hole plus required parking for any other uses on the site. To be determined by the Council * Developer must submit a pig sue• 2 spaces/court plus required parking for additional uses on the site. 1 spate/150 square feet of gross * Swimming pool shall be floor area. counted as floor arm Parking requirements to be Developer to justify determined by the City. parking needs for City determination. 1 space/3 seats within the main auditorium or, it there are not faced seats,1 space/35 square - feet of gross floor area within the main auditorium. -92- 01/16/95 - Oty of okeedobee Use CONT. MISCELLANEOUS 22. Day Care, Prescbools, Nursery Schools, Private Schools: Table 16.1 Parldng Requirements Matrix Minimum Off-street Parking Requismaents 1 space/staff member plus 1 space/5 children or 1 space/lo children if adequate drop-off facilities are provided 23. Utilities: 2 spaces plus spaces required for accessory uses. Unirud Land DcwkVment Cone Notes Drop-off facilities must be designed to accommodate to continuous flow of passenger vehicles to load and unload children safely. The adequacy of drop-off des proposed shall be determined by traffic safety principles. 24. Libraries: 1 space/300 square feet of gross I I floor area. 6. Parking Deferral a. To avoid requiring more parking spaces th actually needed to serve a development, the City may defer the pro ion of some portion of the off-street parking spaces required by this Code if the conditions and requirements of this section are satisfied. b. As a condition precedent to obtaining a phrtial deferral by the City, the developer must show any one or more Fofihe following: • 1) A parking study that indicates that for the deferred parking. 2) Public transportation satisfies tran portion of the users of the facilit amount of parking sought to be def 3) The developer has established or v means of access to the use that will ji of parking spaces sought to be defer that may be considered by the City i to: • Private and public car pools and • Charging for parking. • Subscription bus services. -93- is not a present need lortation demands for a that corresponds to the establish an alternative fy deferring the number Alternative programs ide, but are not limited pools. 01/16/95 City of Okeechobee Unified Laud Development code • Flexible work -hour scheduling. • Capital improvement for transit services. • Ride sharing. • Establishment of a transportation coordinator position to implement car pool, van pool and transit programs. 4) The percentage of parking spaces sought to be deferred corresponds to the percentage of residents, employees, and customers who regularly walk, use bicycles and other non - motorized forms of transportation, or use mass transportation to come to the facility. C. If the developer satisfies one or more of the criteria in b above, the City Council may approve a deferred parking plan submitted by the developer. The number of parking spaces deferred shall correspond to the estimated number of parking spaces that will not be needed because of the condition or conditions established. d. A deferred parking plan. 1) Shall be designed to contain sufficient space to meet the full parking requirements of this Code, shall illustrate the layout for the full number of parking spaces, and shall designate which are to be deferred. 2) Shall not assign deferred spaces to areas required for landscaping, buffer zones, setbacks, or areas that would otherwise be unsuitable for parking spaces because of the physical characteristics of the land or the requirements of this Code. 3) Shall include a landscaping plan for the deferred parking area. 4) Shall include a written agreement with the city that, the deferred spaces will be converted to parking spaces that conform to this code at the developer's expense should the City determine from experience that the additional parking spaces are needed. 5) Shall include a written agreement that the developer will cover the expense of a traffic study to be undertaken by the City to determine the advisability of providing the full parking requirement. e. When authorized by the City Council upon a preliminary finding that the parking is inadequate, but not sooner -than one year after the date of issuance of the certificate of occupancy for the development, the -94- 01/16/95 City of Okeechobee 7. City Administrator shall undertake a stud providing the full parking requirement to for parking. f. Based upon the study and the recon Administrator, the City Council shall deter shall be converted to operable parking retained as deferred parking area. g. The developer may at any time request tha a revised development plan to allow convei operable parking spaces. Reduction for Mixed or Joint Use of Parking Unified Land DevNopment Code to determine the need of atisfy the proven demand dations of the City if the deferred spaces by the developer or the City Council approve ing the deferred spaces to The City Council shall authorize a reduction in th total number of required parking spaces for two or more uses jointly provi ' off-street parking when their respective hours of need of maximum parkin do not normally overlap. Reduction of parking requirements because of jo' t use shall be approved if the following conditions are met: a. The developer submits sufficient data to d maximum demand for parking at the respei overlap. b. The developer submits a legal agreemer Attorney guaranteeing the joint use of the o long as the uses requiring parking are in exist parking is provided elsewhere in accordance Code. 8. Reduction for Low Percentage of Leasable Space nstrate that hours of uses do not normally t approved by the City T street parking spaces as :ence or until the required with the provisions of this The requirements of § 1.16.03B assumes an aveage percentage of gross leasable building to total gross building area (appr ximately 85 percent). If a use has a much lower percentage of leasable sp ce because of cafeterias, athletic facilities or covered patios; multiple stair vays and elevator shafts; atriums; conversion of historic residential structures to commercial use; or for other reasons; the City Council may reduce the parking requirements if the following conditions are met: a. 1.1 The developer submits a detailed floor plan describing how all of the floor area in the building will be used. The developer agrees in writing that the usage of the square footage identified as not leasable shall remain as identified, unless and until -95- 01/16/95 City of Okeechobee Uniried Imd Derelopmeot Code additional parking is provided to conform fully with this Code. 9. Historic Preservation Exemption The preservation of any property that has been placed on the local register of historic places, or that is located in a historic district and contributes to the historic character of the district, shall be grounds for a grant, by the City Council, of a reduction in, or complete exemption from, the parldng requirements in § 1.16.03B of this Section. The reduction or exemption needed to allow a viable use of the historic structure shall be granted unless a severe parking shortage or severe traffic congestion will result 10. Increase in Requirements The number of required parking spaces may be increased by the City Council if a parldng study demonstrates that the proposed use would have a parking demand in excess of the requirements in § 1.16.03B. The City Council may require the developer to provide a parking study when the City Administrator presents preliminary data indicating that an increase in the number of parking spaces may be warranted. C. Off -Street Loading Spaces to accommodate off-street Ioading or business vehicles shall be provided as required below. 1. Spaces Required a. Schools, hospitals, nursing homes and other similar institutional uses and mid -and high-rise residential uses shall provide one loading space for the fast 100,000 square feet of groan Boor area or fraction thereof; and one space for each additional 100,000 square feet or fraction thereof. b. Offices and financial institutions shall provide one space for the first 75,000 square feet of gross floor area or fraction thereof; and one space for each additional 25,000 square feet C. Retail commercial, service, road service and commercial entertainment uses shall provide one space for the first 15,000 square feet of gross floor area, and one space for each additional 10,000 square feet d. Industrial uses shall provide one space for every 5,000 square feet of gross floor area. -96- MOM City of Okeechobee 10 E. 2. Adjustments to Requirements The City Council may, upon the recommend require that the developer prepare a study to loading spaces needed for a proposed use. recommend the need for a study when it ap the proposed use require a greater or lesser n for a proposed use. Alteration of Conforming Development 1. Decreased Demand for Parking or Loading The number of off-street parking or loading space Administrator or City Council finds that a diming capacity, or other factor controlling the number o. would permit the site to remain in conformity reduction. 2. Increased Demand for Parking or Loading The number of off-street parking or loading space, the requirements of this Code if the City Adminis that an increase in floor area, seating capacity, or number of parking or loading spaces required by t to conform with this Code. 1. Location Unified Land Development code of the City Administrator, mine the actual number of City Administrator shall that the characteristics of r of loading spaces needed may be reduced if the City ition in floor area, seating ' parldng or loading spaces with this Code after the must be increased to meet rator or City Council finds )they factor controlling the pis Code causes the site not a. Except as provided herein, all required Off' -street parking spaces and the use they are intended to serve shall be located on the same parcel. b. The City Council may approve off -site parking facilities as part of the parking required by this Code if: 1) The location of the off -site parking spaces will adequately serve the use for which it is intended The following factor shall be considered: Proximity of the off -site serve. to the use that they will -97- m/16M Unified Land Development Code City of Okeechobee Ease of pedestrian access to the off -site parking spaces. Whether or not off -site parking spaces are compatible with the use intended to be served, e.g., off -site parking is not ordinarily compatible with high turnover uses such as retail 2) The location of the off -site parking spaces will not create unreasonable: • Hazards to pedestrians. . Hazard to vehicular traffic. • Traffic congestion. • Interference with access to other parking spaces in the vicinity. • Detriment to any nearby use. 3) The developer supplies a written agreement, approved in form by the City Attorney, assuring the continued availability of the off -site parking facilities for the use they are intended to serve, 2. Size a. parldng spaces shall be sized according to Table 16.2. ed parldng shall be the size specified in Section b. Spaces for handicapp 316.1955, Florida Statutes. 25 feet C. The standard off-street loading space shall be ten feet wide, long, provide vertical clearance of fifteen feet, and provide adequate area for maneuvering, ingress and egress. The length of one or more of the loading spaces may be increased up to 55 feet if full-length tractor -trawlers must be t•the number may thataces re that are larger than the standard, bu larger than the standard, but the number of spaces shall not be reduced on that account. d. The City Council may modify these requirements where necessary to promote a substantial public interest relating to environmental protection, heritage conservation, aesthetics, tree protection, or drainage. 01/16/95 -98- City of Okeechobee Table 16.2 PARKING SPACE DIMENSIONS "STANDARD" CARS U flcd L=d Development Code A B C D E F G 0° S 9.0' M 9.5' L 10.0' 9.0' 9.5' 10.0' 12.0' 12.0' 12.0' 23.0' 23.0' 23.0' 30.0' 31.0' 32.0' 42.6' 43.4' 44.4' -- -- 34.2' 34.4' 35.0' S 9.0' 15.3' 12.0' 26.3' 200 M 9.5' 15.7' 13.0' 27.8' L 10.0' 16.2' 12.0' 29.2' 300 S 9.0' M 9.5' L 10.0' 17.8' 18.2' 18.7' 12.0' 12.0' 12.0' 18.0' 19.0' 20.0' 47.6' 48.4' 49.4' 39.8' 40.2' 40.8' 400 S 9.0' M 9.5' L 10.0' 19.7' 20.1' 20.5' 12.0' 12.0' 12.0' 14.0' 14.8' 15.6' 51.4' 52.2' 53.0' 44.6' 45.0' 45.4' 450 S 9.0' M 9.5' L 10.0' 20.5' 20.1' 21.2' 12.0' 12.0' 12.0' 12.7' 13.4' 14.1' 53.0' 53.6' 54.4' 46.6' 46.8' 47.4' 500 S 9.0' M 9.5' L 10.0' 21.1' 21.4' 21.7' 16.0' 16.0' 16.0' 11.7' 12.4' 13.1' 58.2' 58.8' 59.4' 52.4' 52.6' 53.0' 600 S 9.0' M 9.5' L 10.0' 21.8' 22.1' 22.3' 18.0' 18.0' 18.0' 10.4' 11.0' 11.5' 61.6' 62.2' 62.6' 57.0' 57.4' 57.6' 700 S 9.0' M 9.5' L 10.0' 21.9' 22.0' 22.2' 20.0' 20.0' 20.0' 9.6' 10.1' 10.6' 63.8' 64.0' 64.4' 60.8' 60.8' 61.0' 80° S 9.0' M 9.5' L 10.0' 21.3' 21.3' 21.4' 24.0' 24.0' 24.0' 9.1' 9.6' 10.2' 66.6' 66.6' 66.8' 65.0' 65.0' 65.0' 90° S 9.0' M 9.5' L 10.0' 20.0' 20.0' 20.0' 24.0' 24.0' 24.0' 9.0' 9.5' 10.0' 64.0' 64.0' 64.0' -- A = Parking Angle B = Stall Width C = Stall to curb D = Aisle Width E = Curb Length per Car F = Minimum Overall Double Row with Aisle Between G = Stall Center (Does not include overhang) S = Small M = Medium L = Large -99- 01A40 &d oalzmlz Unified Land Development Code City of Okeedtobee 3. Layout a. Pedestrian circulation facilities, roadways, driveways, and off-street parking and loading areas shall be designed to be safe and convenient. b. Parking and loading areas, aisles, pedestrian walks, landscaping, and open space development plan shall be properly related to existing and proposed buildings. C. Begs, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving from parking areas to buildings and between buildings are not unreasonably exposed to vehicular traffic. d. Landscaped, paved, and gradually included or flat pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings. Pedestrian walks should be designed to discourage incursions into landscaped areas except at designated crossings. e. Each off-street parking space shall open directly onto an aisle or driveway that, except for single-family and two-family residences, is not a public street. f. Aisles and driveways shall not be used for parking vehicles, except that the driveway of a single-family or two-family residence shall be counted as a parking space for the dwelling unit, or as a number of parking spaces as determined by the City Administrator based on the size and accessibility of the driveway. g. The design shall be based on a definite and logical system of drive lanes to serve the parking and loading spaces. A physical separation or barrier, such as vertical curbs, may be required to separate parking spaces from travel lanes. h. Parking spaces for all uses, except single-family and two-family residences, shall be designed to permit entry and exit without moving any other motor vehicle. 1.16.04 Utilities A. Requirements for All Developments The following basic utilities are required for all developments subject to the criteria listed herein. 1. Electricity Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision: 2. Telephone Every principal use and every lot within a subdivision shall have available to -100- 01/16/95 i i City of Okeechobee ra 0 4. S. it a telephone service cable adequate to of such use. Water and Sewer Unified Led DeveloMent Code the reasonable needs Every principal use and every lot within a sub livision shall have central potable water and wastewater hookup as pre cribed in the Water and Wastewater Design and Improvement Standards Volurne II of this Code). Illumination All streets, parking lots and other commo areas and facilities in developments shall provide illumination meeting a standards prescribed by. the City. Fire Hydrants All development served by a central water fire hydrants consistent with the standards Design Standards 1. Compliance with design standards prescribed by t All utilities required by this Code shall meet standards prescribed by the City. 2. Placement of Utilities Underground a. All electrical, telephone, cable television, lines (exclusive of transformers or encic equipment including but not limited to, swi which may be pad mounted), and gas distri underground within easements or dedicate b. Lots abutting existing easements or p overhead electric, telephone, or cable tel lines and service connections have previoi supplied with such services from the u provide the service connection to the underground. shall include a system of ed by the City. City or exceed the minimum and other communication zres containing electrical .hes, meters, or capacitors ration lines shall be placed public rights -of -way. :)lic rights -of -way where vision distribution supply -ly been installed may be [ities' overhead facilities site or lot are placed -1O1- 01/16/95 Unified Land Development Code City of Okexchobee C. Screening of any utility apparatus placed above ground shall be required. C Utility Easements When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities. 1.16.05 Stormwater Management A. Stormwater Management Requirements The design and performance of all stormwater management systems shall comply with applicable standards contained within the Public Works Manual (Volume III of this Code). B. Exemptions The following development activities are exempt from these stormwater management to control erosion and sedimentation must be taken requirements, except that steps for all development. 1. The construction of a single family or duplex residential dwelling unit and accessory structures on a single parcel of land. 2. Any development within a subdivision if each of the following conditions have been met: a. Stormwater management provisions for the subdivision were previously approved and remain valid as part of a final plat or development plan; and b. The development is conducted nsubmitt d with thaccordance anal plat or development management provisio Plan. 3, Maintenance activity that does not change or affect the quality, rate, volume or location of stormwater flows on the site or of stormwater runoff- -102- 01/16/95 F- 1 City of Okeechobee 4. Action taken under emergency conditions to danger to persons, or to protect property from i hurricanes or other hazards. 1.16.06 Landscaping A Exemption Lots or parcels of land on which a single family home is i exempt from all provisions of these landscaping regul construed to exempt any residential developments that development plan by the City. A Required Landscaping 1. Vehicle Use Areas L C. Unified Land Development Code imminent harm or fire, violent storms, ised as a residence shall be 3tions. This shall not be require the approval of a A vehicle use area is any portion of a development site used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards. All vehicle use areas containing more than one thousand (1,000) square feet shall be landscaped in accord with Figure 1-16-1 and Figure 1-16-2. Figure 1-16-3 identifies the areas of landscaping that may be counted towards fulfilling the vehicle use area landscaping requirement. Proportional amounts of landscaping shall a provided for fractional areas. 2. Buffer Zones a. A buffer zone is a landscaped strip along par as a buffer between incompatible uses an attractive boundary of the parcel or use, attractive boundary. This shall not be interpi within a planned mixed use developn requirements. b. The width and degree of vegetation required the adjoining thoroughfares and uses. The sta and (4) below prescribe the required widtl buffer zones. C. The standards for buffer zones are set out in (see Figures 1-16-4, 1-16-5, 1-16-6, and 1-16-7 -103- 1 boundaries that serves zoning districts, as an as both a buffer and -d to mean that parcels it must meet these epends on the nature of dards of Subsections (3) and landscaping of all ie following illustrations that specify the number 01/16/95 City of Okeechobee ABUTTING OR ADJACENT DISTRICT OR USE soot Famly Resident d NW&FnaIf Raman" How office CbMn=CW UtMa Iodusum & Or= Swap Public Facwhies Unified Land Development Code of plants required per 100 linear feet. To determine the total number of plants required, thelength multiplied bych side of eproperty requiring the number of plants buffer shall be divided by l shown in the illustration. The plants shall be spread reasonably evenly along the length of the buffer. The foregoing landscape buffering standards (A through D) shall be required for developing each existing parcel in excess of one acre as follows: DEVELOPING DISTRICT OR USE Inds &W swgkl- Mdti g Open Public FUMIT FOWI► Ba OWM Comme:eal utaities sQuoe Fao7ities >Qelidedew A A A C C C B B / A A C C C B B A / A A C C B B A A N B B SMY, C C C N / A A A D C C B B A A c C C C C IQ 1-� C C C A A 01/16/95 City of Okeechobee VEHICLE USE AREA LANDSCAPING: CLASS A 'See SQUAEE PEST Or PLANTING AREA rIVE CS) CANOPY ONE (1) UNDERSTORY 'lWELVB (12) SHRUBS Figure 1-16-2 Unified Land Development Code 4 ItGp � �.Gr -106 01/1619S City of Okeechobee Figure 1-16-1 PLANT HEY CANOPY UADERSTORY SHRUBS GROUNDCOVER -105- Unified Land Development Code 01/16/95 City Of Okeechobee pfing 00 red Maxtwrn 6 tss knum a In 13U DING � z—Gornere count Lees than 6 —Y•Iin fWA I MOM than b feit r140%%IZf, NELMNLE AREAS FOR LANDSCAPM Figure 1-1&3 Unified Lad Development Code -107- 01/16/95 Unified Land Development Code City of Okeechobee PLANT MATERIAL 1 100y WIDIM �M 1.2 CANOPY 'mk^6 A UNDERsTORY • 4 SHRUBS ' 13 CANOPY is SHRUBS 2A CANOr ■ AU + XMSTORY & SHRUBS r ?L o bIMML... y •� Figure 1.16.4 Landscape Standard W J 0l/16/95 -108- City of Okeechobee Unifad Lnd Development Code RAW MATERIAL ! 100' lop .: 2 UNMRSTORy ` Figure 1-16-5 Landscape Standard "B" -109 01/16/95 Unified Land Development Code City of Okeechobee MANT MATEMAL 1 ICKf 48 CANOPY 31 2.4 (0RY 19 SHRUBS •' � C LjJY ��Vy►V Figwre 1-16-6 Landscape Standard "C" -110- 01/16/9S :11 _T-- %� firn'n' R!Dw � 7 w,., r.. 7 n, TQr wow r4 M City of Okeechobee Unified Land Davdopment Code e. The foregoing buffering standards shall be applied along abutting thoroughfares as follows: Abutting ThoroughhLre Arterial Collector Residential Landscape Standard C B A L Wherever the principal structure on a site abuts a vehicle use area on the same site, a buffer zone between the vehicle use area and the principle structure shall be "A". g. Buffering for mimed used developments shall be based on the more intense use in the building or cluster of buildings. h. The use of existing native vegetation in buffer zones is preferred. (See Section 1.15.01 of this Code for Tree Protection requirements.) If a developer proposes to landscape a buffer zone with eAsting native vegetation, the City Administrator may recommend, and the City Council may allow, a variance from the strict planting requirements of this section if: 1) The variance is necessary to prevent harm to the exacting native vegetation; and 2) The buffering and/or aesthetic purposes of the buffer zone are substantiaIly &Med despite the variance. i. Responsibility for Buffer Zones 1) The desired width of a buffer zone between two parcels is the sum of the required buffer zones of the parcels. Where a new use is proposed neat to an exOsting use that has less than the required buffer zone for that use, an inadequate buffer zone will be tolerated, until the nonconforming parcel is redeveloped and brought into conformity with the buffer zone requirements of this Code. The developer of the new adjoining use is encouraged, however, to take into account the adequacy of the adjoining buffer zone in designing the site layout of the new development. -112- om6s City of Okeechobee 2. Use of Required Areas No accessory structures, garbage or trash collect parking, or any other functional use contrary to the Code shall be permitted in a required landscape an the combining of compatible functions such as I facilities. 3. Any construction or alteration within a road or ca; utility services or general maintenance shall re -sod Seeding is not permitted. -113- Utified Land DmIc p nent Code Points or receptacles, wt and purpose of this This does not prohibit scaping and drainage right -of --way including F exposed earth areas. oln6r9s unified Land DenwPo t Code City of Okeechobee C Landscape Design and Materials 1. Design Principles All landscaped areas required by I this Code should conform to the following general design principles: a. Landscaping should integrate the proposed development into existing site features through consideration of existing topography, hydrology, soils and vegetation. earl the b. The functional elements of the development plan, particularly drainage systems and internal circulation systems for vehicles and pedestrians, should be integrated into the landscaping plan. C. Landscaping should be used to minimize potential erosion through the use of ground covers or any other type of landscape material that aids - in soil stabilization. d. Existing native vegetation should be preserved and used to meet landscaping requirements. (See Section 1.15.41 of this Code for Tree Protection requirements.) e. Landscaping should enhance the visual environment through the use of materials that achieve variety with respect to seasonal changes, species of living material selected, textures, colors and size at maturity. f Landscaping design should consider the aesthetic and functional aspects of vegetation, both when initially installed and when the vegetation has reached maturity. Newly installed plants should be placed at intervals appropriate to the size of the plant at maturity, and the design should use short- and long-term elements to satisfy the general design principles of this section over time. mize nuisances. g. Landscaping should bnhuand to provlic ide safety �annel wind and h. Landscaping should P increase ventilation. maximize the shading of streets and vehicle use i. Landscaping should areas. j. The selection and placement of landscaping materials should consider the effect on existing or future solar access, of enhancing the use of solar radiation, and of conserving the maximum amount of energy. No development plan shall be denied solely on the basis of the design principles in this section. 2. Installation of Plants -114- 01/16/95 City of Okeechobee 3. 4. F1 1.1 All plants shall be healthy and free of dise selected from the South Florida Water M, GUIDE. Plants shall be installed during the period c for planting the particular species. if con that some or all of the landscaping be p; issuance of a certificate of occupancy, t] performance bond sufficient to pay the cos yet installed, landscaping before the certifi Landscaping shall be protected from encroachment by means of raised planting curbs, edges, and the like. The landscaping shall not interfere, at or be cable television, or telephone lines, sewer o existing or proposed overhead or undergroi All plants shall be installed according to gei suggested by the County Agricultural Exten The developer shall provide sufficient soil, tc healthy growth of all plants and grass. Use of Native Plants Unified Land Eamkp nmt Code and pests and shall be :went District PLANT the year most appropriate :)liance with this requires nted at a time after the developer shall post a of the required, but not ite shall be issued -hicular and pedestrian urfaces, depressed walks, ore maturity, with power, water pipes, or any other rid utility service. arally accepted standards ion Agent. soil and water to sustain Forty percent of the total number of individual plaras selected from each of the categories used to satisfy the requirements of this Code shall be selected native species in the category. (See Section 1.15. 1 of this Code for Tree Protection requirements.) Prohibited Plants The following plants shall not be installed as lE • Punk tree • Euc (Meleleuca quinquenervia) (Eta • Australian pine . Ear (Casuarina sPP•) (En • Brazilian pepper • Chinab (Schinus terebinthe folius) (Melia le material: s globules) 'um cyclocwpum) Tree -115- 01/16/95 Unified land Development Code city of Okeechobee S. Irrigation All landscaped areas shall be provided with an appropriate irrigation system. If a landscaped area contains primarily species native to the immediate region, or plants acceptable for xeriscaping, the City Administrator or City Council, as applicable, may waive the requirement for installation of an irrigation system. Consideration of a waiver of the irrigation requirement shall include, in addition to the area cover o,edbdyna tvegetation, watertable.ch local conditions as sun or shade, use of fill soil,depth 6. Non -Living Materials Mulches and Chattahoochee rock shall bea minimum depth of two inches and plastic surface covers shall not bused. 7. Maintenance and Replacement of Plants a. All required plants shall be maintained in a healthy, pest -free condition b. Within six months of a determination by the City Administrator hallbe at a plant is dead or severely damaged or diseased, the plant replaced by the developer in accordance with the standards specified in this Code. -116- O1116/95 City of Okeechobee unified Laud Development code 1.17.00 ACCESSORY STRUCTURES AND USES It is the purpose of this Section to regulate the installs on, configuration and use of Accessory Structures and the conduct of accessory uses (see ection 1.17.02) to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas. 1.17.01 Accessory Structures Any number of different accessory structures may be located on a parcel, provided that the following requirements are met: A. No person shall construct an accessory structure wi the City limits without first having obtained a permit for such construction from• he Building Department. B. There shall be a permitted principal development n the parcel, located in full compliance with all standards and requirements on Code. C. All accessory structures shall comply with standards rtaining to the principal use, unless exempted or superseded elsewhere in this Cod-.-. D. Accessory structures shall not be located in a required buffer, landscape area, or minimum building setback area unless exempted orsuperseded elsewhere in this Code. E. Accessory structures shall be included in all calculati of impervious surface and stom rmwater runoff. F. Accessory structures shall be shown on a development plan with fiill supporting documentation as required in Volume IV of this G. Satellite Dish Anon 1. The insta Mon of all television dish antennasand/or satellite antennas shall require a building permit 2. Apartment or condominium buildings above (3) stories in height shall be treated as commercial strncbrres for the purpose of these regulations for television dish antenna or -satellite antennas. 3. The installation of any television dish ante�a r satellite antenna shall not exceed the height restriction set forth in the • zoning ordinance for that location. -117- OWOM Unified Land Development Code City of Okeechobee All satellite dish antenna installations beginning with the enactment of this 4. Code shall meet the following requirements: a) The satellite dish antenna shall bieo=oidmesredastructurebrequiring at eq ntgto building permit to be issuedPr compliance with all antenna shall be maintained P installation, the applicable building and electrical codes- be installed on or satellite antennas may b) Television dish antennas or but oil upon to roofs of commercial or industrial buildingsarcbut only attached ently submission of a certificate of an engineer to the in the state. Such certification shall and registered to do business such that a structural analysis has been made of the building effect building can safely support the specific antenna with a minimum wind loading of one hundred (100) miles per hour. satellite shall installed in c) Television dish antennas or d nten front of the front line of any residential, not or d) building.:antennas only be installed in Television dish antennas or satelliteY of building-may side yards or back yards Y structure shall be closer than e) No portion of any antenna or support five (5) feet from any property line- dish antennas or satesantennas shall not be located on fl Television any public way, easement, or p Y antennas shall not be installed in g) Television dish antennas or satellite d any designated parking area of any ding- thereof shall h) The satellite dish antenna installation from any electric lines and maintain vertical and horizon conform to the ational Electric Safety Code. FCC i) shall and anNteinnainstallation shall meet all The satellite dish n requirements. manufacturer specifications, rules, q surface material j) The satellite dish antenna shall be of a nonreflective extent possible, to conform and _ andshall be made, to the maximum color and location, with the blend, taldng into consideration surrounding area and structures• or si a of dish antenna shall contain no advertising Signage k) The satellite l) type• satellite dish antenna, prior to installation, shall The installer of any the proposed satellite dish submit detailed, blueprints/drawings of foundation which shall be certified by the installation and antenna ine manufacturer or a professional engin be placed _main tcommercial m) The satellite dish antenna installation shall rear areas of the dwelling ortted in side yard and yard -118- Ol/16/9S City Of Okeechobee Unified LMW Development Code structure only. n) The satellite dish antenna shall, to the mxdMum extent possible, be screened from view from a public right-of-way. o) Apartment or condominium buildings above three (3) stories in height shall be treated as commercial structures for the purpose of these regulations for television dish antenna or satellite antennas. S. The following additional standards are for install ions in single family and duplex residential units: a) A satellite dish antenna shall be considered an accessory structure to the main dwelling structure and shall not constitute the principal use of the property. b) The satellite dish antenna installed pursuant to this subsection shall not be used for any commercial purposes. It shall only provide service to the main dwelling structure. c) Satellite dish antenna installations shall be limited to one installation per residential lot. d) The maximum size of the satellite dish antenna, whether ground or pole -mounted, shall be limited to twelve (12) feet in diameter. e) The maximum height of a ground-mounte satellite dish antenna installation shall be fifteen (15) feet. f) The maximum height of a pole -mounted satellite dish antenna installation shall be thirteen and one-half (13 /2) feet above the eaves of the roof. g) A satellite dish antenna shall not be permitt d to be installed on the roof of any main dwelling structure. h) The satellite dish antenna installation, whether ground or pole, shall be mounted at a fixed point and shall not be portable. 6. Nonconforming Antenna Any satellite dish antenna lawfully installed prior to the enactment of this Code shall be allowed to remain, until such time as it is replaced or moved. At the time of replacement or relocation, the provisions of this Code shall be met. H. Storage Buildings, Private Garages, Carports, Greenhouses, 1• No accessory buildings used for industrial storage noxious or pernicious materials shall be located neE property line. -119- hazardous, incendiary, 'than 100 feet from any 01/16/95 City of Okeechobee Unified Land Development Code 2. Storage buildings, gazebos, greenhouses, utility buildings and the like shall be permitted only in compliance with standards for distance between buildings, and setbacks, if any, from property lines. 3. Storage and all other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required building setback. 4. Storage and other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of -the lot. 5. Vehicles, including manufactured housing and mobile homes, shall not be used for any facility authorized for an accessory use in any district. 1. Swimming Pools, Hot Tubs, Screened Pool Enclosures and Similar Structures 1. Swimming pools shall be permitted in rear and side yards, and shall not encroach into any required building setback except as noted below. 2. Swimming pools constructed or installed in the side yard shall maintain a twelve foot side yard setback. A minimum buffer as provided in Figure 1-16- 5, shall be required along the side yard and front yard side of the pool 3. Screen enclosures shall be considered a part of the principal structure and shall comply with standards for minimum distance between buildings, yard requirements, and other building location requirements of this Code. Except that a swimming pool and its screened enclosure may be constructed to within eight feet of the rear property line. No part of any pool or its screened enclosure shall be closer than twelve feet to any seawall. 4. Swimming pools constructed on corner lots shall maintain rear yard setback (see paragraph 3 above) standards along property boundaries not associated with street rights -of -way. A minimum buffer, as provided in Figure 1-16-5, shall be required along those boundaries and front yard side of the pool. 5. Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from the foundation of the house, unless a trench wall is provided and a shoring -up plan is submitted and approved by the City Administrator. A steeper slope may be permitted upon certification of adequacy by a Florida - licensed professional engineer. -120- OU16195 City of Okeechobee J. Fences and Walls 1. All fences shall comply with the Standard Building be pressure -treated for strength and endurance corrosion and termite infestation. Unified Land Dew iopment Code e. Wooden posts must be resistant to decay, 2. Was may be constructed of concrete, concrete bock, stone, brick or any suitable masonry material. Concrete and concr to block walls shall be finished with a painted stucco finish on both sides. 3. Fences and walls may be located in front, side and rl Iar yard setback area and shall not exceed the height of six feet except as 3rovided in paragraph 8 below, of this section, exclusive of decorative sup ortive posts which may extend no more than nine (9) inches above the m 'mum six (6) foot height of the fence. 4. In areas where the property faces two roadways or is located in any other area construed to be a corner lot, no fence or fence wa 1 shall be located in the vision triangle. (See Figure 1-17-1) 5. Fences shall be placed with finished side out. 6. No fence or fence wall shall be constructed or instaled in such a manner as to adversely affect drainage on or adjacent to the site. To provide adequate drainage or to prevent the obstruction of drainage on or adjacent to the site a fence or fence wall may be constructed so as to allow the bottom of the fence or fence wall to begin no more than two (2) inches above the ground without being in violation of the maximum height restrictions set out in paragraph 3 above. 7. Any fence or wall constructed such as to be visible from the street shall have plantings placed along the exterior side of such *fen a at no more than five- foot intervals. 8. Electrically charged fences are prohibited. 9. Barbed wire fences are prohibited around single housing. -121- and multi -family ours he'd 02/Z0/q5 City of Okeechobee 0 a N Unified L=d Dcvetopment Code -- 2001 ----- 1 Figure 1-17-1 Example of Clear Visibility Triangle K Dock and Piers 1. All docks and piers shall comply with the Standard Building Code and shall have a permit from the Navigation Control Authority where applicable. 2. Live aboard facilities shall not be permitted. 3. Boat lifts shall not bet Pae ted where thean adverse impac onstatheon of such lifts can natural and aesthetic reasonably be expected o h resources in the immediate vicinity of the installation. at the slip at 4. All docks shall have at least eighteen e an wasting channel of sufficiehes of water ntt depth to allow mean low tide and shall have g access to the structure from open waters. -122- om0s rge j ozlzo195 City of Okeechobee 5• All docks must be consistent in use with the property. 6. A hurricane plan for any multi -use dock shall be e; 7. No roof structure will be allowed. 8. No dock, boardwalk or pier shall be permitted to the shoreline or seawall within the littoral zone Water Line and Mean Low Water Line. 9. Docks and piers may be located in side or rear se L. Seawalls/Riprap M. 1. All seawalls shall have a permit from the Naviga applicable. 2. Replacement seawalls can be placed no further face of an existing seawall as a repair or replace 3. Seawalls shall not be placed upon a shoreline wetland vegetation. 4. Riprap shall be utilized in lieu of seawalls, where 1 existing upland properties. 5. The use of seawalls or riprap to increase the usable shall not be allowed. 6. Seawalls and riprap may be located in side and rear areas. 7. Stabilization by the use of vegetation shall be rei hardening wherever possible and it shall be the 1 show that the vegetative option is not viable. Tennis Courts, Basketball Courts, Racquetball Courts Recreational Facilities 1• Hardcourt facilities shall be permitted only in side not encroach into required building setback. A ha -123- Unwed band Development code adjacent upland riparian ished by the applicant. be constructed parallel to between the Mean High and buffer areas. Control Authority where one foot in front of the of the existing seawall. generally supports as a protection to area of properties setbacks and buffer .d in lieu of shoreline en of the applicant to Similar Hardcourt rear yards and shall curt facility may be 01/16/95 City of Okeechobee Unified Land Development Code installed or constructed on a vacant lot only when the vacant lot is legally bound by ownership and recorded in public records as a single parcel with an abutting lot which has an existing principal structure. 2. Backstops, sidestops and enclosures shall not exceed fourteen feet. 3. Backstops, enclosures and lighting fixtures shall be landscaped with an "A' buffer on all sides facing an adjoining property. 4. Lighting for the hardcourt facility may be installed but shall not exceed the designated maximum foot candles shown below nor be used from the hour of 10:00 p.m. to 7:00 a.m. the following day, throughout the year. Foot Candles with Meter 30 ft. from Horizontal Aimed Toward Court Boundary Foot Candle Brightest Light Max. Ft. Candle 2.89 6.97 N. Flagpoles 1. Flagpoles shall be permitted for installation in all districts in front, and rear yards. 2. Masts shall be designed for the wind loads applicable to the geographic area building codes which have been or will be adopted as defined by any and all by the City of Okeechobee. 3. In no event shall the flag exceed the largest size flag permitted by Section 1.18.07 of this Code when mounted at the top of the mast. 4. Not more than three (3) flags or insignias may be displayed on any one parcel of land (Section 1.18.07 of this Code). 5. The above around portion of the mast shall not exceed the maximum in the applicable zoning district. permitted height of a structure 6. Flagpoles are to be erected not less than fifteen (15) feet from the property line and shall not be erected on a public right-of-way or easement. -124- Jff - ©Z J 20/C5 City Of Okeechobee O. Impact of Accessory Structures Having an Impact on the Neighboring Residents or the City at Large Where a proposed installation of an accessory stn Section 1.17.01 of this Code, is determined by the significant impact on the health, safety, or welfare of i public at large, due to the uniqueness of the prol proposed installation, the City Administrator shall ] permit application. No permit for construction of aj shall be issued where the proposed location is wit] described in Figure 1-17-1 of this Code. 1.17.02 Accessory Uses A. Home, Occupations It shall be unlawful for any person, firm or corporal mercantile or commercial enterprise, trade, calling family or multi -family districts except as permitted Unified Land Development Code Health, Safety or Welfare of cture, which is the subject of City Administrator to have a he neighboring residents or the erty or the magnitude of the ave the authority to deny the y structure within a front yard in the clear visibility triangle i to establish or engage in any Profession within the single exception within this code. 1. No business, professional or otherwise, and home occupations shall be carried on in any dwelling structure aril ss permitted by the City Administrator after review of a permit applica 'on. 2. Home occupations, as defined herein, shall not conducted in any residential districts as desc Code, unless otherwise authorized as herein prc be issued for any occupation in any residential meet each and all the following qualifications: a. The home occupation shall be cond premises and only by the person who resident of the premises. The individus any employees to assist in the home oo b. No home occupation shall occupy ma percent of the total floor area of a res porch, attached garage, or similar space be occupied as living quarters, provides such home occupation occupy more that feet. C. No signs shall be permitted to adverts premises for an occupational purpose. d. No chemical, mechanical or electrical ey a part of domestic or household eauinme -125- permitted by the City to be 4 and as set forth in this ed. Before any permit may trict, such occupation must :ted within the residential licensed to do so and is a so licensed shall not engage space than twenty (20%) lence exclusive of any open lot suited for or intended to however, in no event shall three hundred (300) square the accessory use of the )meat that is not normally shall be used primarily for 01/16/95 Unified LmW Development Code City of Okeechobee commercial purposes. Machinery that causes noises audible to neighbors, or that causes interference in radio or television reception shall be prohibited. e. No goods shall be sold on the building site, and not stock in trade shall be stored on or delivered to the build tin greater volumes f. No traffic shall be generated byoccupation than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met owe street and other than in a front yard required pursuant to this g. There shall be no alterations in the residential character of the premises in connection with such home occupation. h, The following shall not be considered home occupations: beauty shops, barbershops, dance instructors, swimming instructor, studio for group instruction, public dining facility or tea room, antique or gift shops, photographic studio, fortune telling or similar activity, outdoor. repair, food processing, retail sales, nursery school, or kindergarten. i. The giving of individual instruction to one person at a time such as an art or piano teacher, shall be deemed -a home occupation; individual instruction as a home occupation for those activities listed in Paragraph h above shall be prohibited. 3 In no case shall more than one home occupation license be issued to any person at one time. 1.17.03 Tempora T Use Stmetam A. All requests for temporary uses P o� to sales, promotions, contests, organized gathering, witidi may. places of amusement, shows, plays, or include the erecting of structures, including but not limited to lean-tos, tents, covered displays, stands, tables, or any equipment or merchandise appropriate to such temporary use, shall require a permit issued by the City. Such permit process shall conform to the pertinent city where such activity shall occuordinance, and shall allow the �t�o to enter upon public or private properties assure compliance with this part, or local, state or federal law, and to remove any debris, or structure, remaining at the conclusion of such activity. -126- ou16M Gty of Okeeehobee B. Temporary construction offices, real estate ofi allowed in any land use district for the purpos the property on which they are to be located. Unified L=d De+nekq=gn Code :es and model homes may be of developing and marketing C• Tent sales, produce stands, and any other SILCh temporary or semi -semi- permanent structure for sales or promotions uses may only be allowed in commercial land use designations, except as specifically allowed by special request to the City Council. D. Application for such permit shall be made by the land owner or authorized agent, by a preliminary development plan, or shall be accompanied by an informal site plan illustrating relevant issues of location, ingress and egress,. Parking, relation to existing roads or rights of w y, or such other information as reasonably requested by the City, together wit a deposit or bond sufficient to remove any structures and clean up the sit at the conclusion of such activity. E. A permit shall not be issued, if in the sole liscretion of the City, such application exhibits undesirable conditionf in regards to traffic, safety, sanitation, incompatibility with adjacent land uses, or such other deficiency which could reasonably be determined to pose some harm or threat of harm to the health, safety and welfare of the citizens of those attending such activity. F. Permits for temporary uses as described herein s all not be issued for a time period in excess of six months, but shall also of exceed the time period required to accomplish the activity for which a permit is issued. Such permits may be extended upon application and provai by the Department of General Services. -127- oin6s Unified Laad DeveloMmt Code City of Okeechobee 1.18.00 SIGNS The sign regulations are intended to complement the requirements of the building and electrical codes adopted by the City. wherever inconsistency exists between these regulations and the building or electrical code, the more stringent requirement shall apply. No person shall erect in any manner or attach in any manner to any building, wall, fence, pole, tree or shrub, or annex to the land within the City any sign or any advertising matter of any kind whatsoever, unless expressly authorized by or exempted from this Code. A permit shall be applied for and issued by the Building Department prior to erecting any permanent accessory sign. 1.18.01 Prohibited Signs The following signs are prohibited unless exempt by Section 1.18.02 of this Code or expressly authorized by Section 1.18.03 or Section 1.18.04 of this Code: A. Signs that are in violation of the Building Code or Electrical Code adopted by the City. B. Any sign that constitutes or has the potential to constitute a safety hazard. C. Blank signs. D. Signs with visible moving, revolving or rotating parts; visible mechanical movement of any load; or other apparent visible movement chewed by electrical, electronic or mechanical means, including time -temperature ps- E. Signs with the optical illusion of movement created by a design that presents a pattern giving the illusion of motion or changing of copy- F. Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color. G. Strings of light bulbs used on commercially developed parcels for commercial purposes, excluding holiday decorations. H. Signs commonly referred to as wind signs, consisting of one or more banners, flags pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move in the wind. (See Figure 1-18-1) -128- ours City of Okeechobee L Signs that incorporate projected images; have involve the use of live animals; or emit audible s smoke to attract attention. Unified Lmd Mvebpmeat Code than the two faces (sides); odor or visible matter such as Signs or sign structures that interfere in any waywith the use of any fire ape, emergency exit, or standpipe, or that obstruct any wir idow so that light or ventilation is reduced to less than that required by any provision of this Code or other City ordinance. K Signs that resemble any official sign or marker ere d by any governmental agency or that by reason of position, shape or color would conflict with the proper functioning of any traffic sign or signal, or be of a size, location, movement, content, color or illumination that may be reasonably confusec. with, construed as, or conceal a traffic control device. L. Signs that obstruct the vision of pedestrians, cyclis� or motorists traveling on or entering public streets. M. Non -governmental signs that use the words "stop",look", "danger" or any similar word, phrase or symbol except as permitted under Section 1.18.02. N Signs within ten feet of a public right-of-way. O. Signs within 100 feet of traffic controls that contain nA might be confused with traffic control lights. yellow or green lights that P. Signs of such intensity or brflHance that they cause glav motorist, cyclist or pedestrian using or entering a or impair the vision of any c street, pub or a nuisance to occupants of any property because of or that are a hazard gare or other characteristics. Q Signs that contain any lights or control mechan&n interference with radio, television or other communication that cause unreasonable signals. R Searchlights used to advertise or promote a business or to attract customers to a property- S. Signs that are painted, pasted or printed on any curbs any portion of any sidewalk or street, except house Bum one, flagstone, pavement or is and traffic control signs. -129- omGs Crty of Okeechobee -18-1 Unified Lvtd Development Code T Signs placed on benches, bus shelters or waste receptacles except signs to identify public conveyances or services. or on private property (such as private utility poles) U. Signs erected on public property, located on public property, other than signs erected by public authority for public purposes. V. Signs erected over or across any Public street except as may otherwise be expressly authorized by this Code and except governmental signs erected by or on the order of the City Administrator. area on any vehicle in excess of eighty square inches yv Vehicle signs with a total sagaed fOr morethan consecutive minutes, except when the when the vehicle vehicle engaged m work that location. operator of the . x Signs displaying copy that is harmful to minors, as defined by this Code. y. Portable signs as defined by this Code. Roof signs as defined by this Code• O1A6M -130- City of Okeechobee 1.18.02 Exempt Signs The following signs are exempt for the provisions of these sign requirements stated in this Code that a permit be obtained for t sign, provided such signs are not placed or constructed so as to (see Figure 1-17-1). Unified Land Dent Code regulations, and from the e erection of a permanent iolate the Vision Triangle A. Signs that are not designed or located so as to be visible f rom any street or adjoining property- B. Signs of eighty square inches or less which include no letters, symbols, logos or designs in excess of two inches in vertical or horizontal dit iension, provided that such signs do not constitute a sign prohibited by Section 1.1$ 01 of this Code and is not located in the front yard setback. C. Signs necessary to promote health, safety and welfare, and other regulatory, statutory,. traffic control or directional signs erected on public property with permission as appropriate from the United States, State of Florida, Okeechobee County or the City of Okeechobee. D. Legal notices and official instructions. E. Decorative flags and bunting for a celebration, conven on or commemoration of significance to the entire community, when authorized b the City for a prescribed period of time. F. Holiday lights, religious displays and decorations. G. Merchandise displays behind storefront windows if no part of the display moves or contains flashing lights; provided that any printed matter in the display combined with any permanent permitted sign cannot exceed the.total number of square feet allowed in the permanent sign regulations. H. Memorial signs or tablets, names or buildings and dates of erection when cut into masonry surface or when constructed of bronze or other on -combustible materials and attached to the surface of a budding. L Signs incorporated into machinery or equipment by a which identify or advertise only the product or service equipment mr or distributor by the machine or -131- 1 MONS City of Okeechobee UniQod Land Development Code J. Advertising and identifying signs located on taxicabs, buses, trailers, trucks or vehicle bumpers. K Warning signs to indicate the dangers of trespassing, swimming, animals or potential hazards as provided in paragraph D, above. 1.18.03 permitted Temporary Signs Temporary signs are allowed throughout the City, subject to the restrictions of this section and other relevant parts of this Code. A temporary sign may be a ground or building sign. It may not be an electrical sign. Within 48 hours after the culmination of the event (sale, election, close of business, special event, etc.) to which the sign pertains, the owner or resident thereof shall remove all posted temporary signs• A. Content of Temporary Signs A temporary sign may display any message as long as it is: 1. Not harmful to minors as defined in this Code. 2. For a specific, special, one time event or function that does not normally occur more than once a year (i.e., sale of property, construction in progress, election, grand opening). B. permissible Size, Height and Number of Temporary Signs 1. Single Family District: A parcel on which a one -family residence is located may display signage of sic square feet per residence with no one sign exceeding five square feet. No sign, including its support, shall exceed four feet in height 2: All Other Land Use Districts: All other parcel$ may display six square feet of temporary signage per 100 feet of frontage up to a maximum of 24 square feet of signage. No sign, including its support, shall be more than eight feet in height C. Placement Authorization No temporary sign shall be erected on any Property without the authorization of the owner or resident thereof. Temporary off Premises signs for the purpose of providing direction or advertising a sales or event are prohibited. -132- °m6M Clty of Okeechobee D. Removal of Illegal Temporary Signs Any temporary sign not complying with the requiremeni and the City is authorized to remove and dispose of -all assess a $25.00 fee for such removal. 1.18.04 Permitted Permanent Accessory Signs Unified Land Development Code of this subsection is illegal illegal temporary signs and A permanent accessory sign may be a ground or building sign. No such signs are allowed in the single-family districts except those allowed in Section 1. 8.03 and 1.18.06. A permanent accessory sign may display any message which not harmful to minors as defined in this Code. A. Permissible Number, Area, Spacing and Hemet of 1. Multi -Family Land Use Districts: One sign, either a ground sign or a building exceed a sign area of twenty square feet, nor height above the ground. A building sign shall not exceed a sign area of it exceed ten feet above the ground. Z. Single Occupancy Commercial Complex: One sign, either a ground sign or a building exceed a sign area of twenty square feet, nor height above the ground. A building sign shall not exceed a sign area of it exceed ten feet above the ground. 3. Multiple Occupancy Commercial Complex: Accessory Signs A ground sign shall not it be more than six feet in square feet, nor shall A ground sign shall not it be more than six feet in square feet, nor shall One sign, either a ground sign or a building sign A ground sign shall not exceed a sign area of twenty square feet, nor shall it be more than six feet in height above the ground. A building sign shall not exceed a sign area of it exceed ten feet above the ground. square feet, nor shall -133- 1 ours Unified Land Development Code City of Okeechobee 4. Multiple Occupancy Commercial Complex - Occupants: One or more building signs, displayed on any exterior portion of the complex that is part of the occupant's unit (not including a common or jointly -owned area), not to exceed a total sign area of six square feet. B. Any sign not complying with the requirements of this -section is illegal and subject to immediate removal, except for those signs covered under a Hardship Relief Finding in Volume IV . 1.18.05 Directional Signs Directional signs limited in area to four square feet which give directions to motorists regarding the location of paz and shall not brea and e access to as Part of aes shall be �nro�ccupant'tted as s allowable ent accessory signs on all parcels • sign area. 1.18.06 Signs and Entrances to Single -Family Residential Subdivision Developments A. Generally A permanent accessory sign may be displayed at the entrance to residential development. B. Restrictions 1. One sign is permitted at only one entrance into the development from each abutting street. The sign may be a single sign with two faces of equal size or may be two single -faced structures of equal size located on each side of the entrance. No face of the sign shall exceed twenty square feet in size. Z. When reviewing the Placement of such signs, the location of public utilities, sidewalks and future street widenings shall be considered. 3. Signs shall be maintained perpetually by the developer, the owner of the sign, a pertinent owner's association or some other person who is legally accountable under a maintenance arrangement If no accountable person accepts legal responsibility to maintain the signs and no other provision has been made for their maintenance, the signs shall be removed by the City and the developer or owner shall pay all cost of removal. -134- ours City of Okw 6obee 1.18.07 Flags A. Number Not more than three flags or insignias may be HEIGM OF FLU POLE 1-18-2 B. Size Unified Land Development Code on any one parcel of land. MAXIMUn HEI GZHT OF FLAG SHALL HE 28 PERCENT OF HEIGHT OF POLE The maximum distance from top to bottom of any flag A all be twenty percent of the total height of the flag pole, or in the absence of a flag pole, twenty percent of the distance from the top of the flag or insignia to the ground (See Figure 1-18-2). 1.18.08 Utility Signs Public utility signs that identify the location of underground util voltage lines and other facilities and appurtenances are permit exceed three feet in height and the sign face does not exceed c lines and facilities, high so long as they do not -half square foot. -135- 0146M City of Okeechobee Unified Land Development Code 1.18.09 Measurement Determinations A. Sign Area 1. Generally The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face. 2. Special Situations a. Where a sign is composed of letters or pictures attached directly to a facade, window, door or marquee and the letters or pictures are not enclosed by a border or, trimming, the sign area shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures. (See Figure 1-18-3) b. Where two sign faces are placed back to back on a single sign structure and the faces are at no point more than three feet apart, the area of the sign shall be counted as the area of one of the faces. 0 AREA OF GBOMMIC FIGURR e..on nt stm With Fetters or Pictures Attached Directly to a -.a-- — - -- - -- - M-mdow, Door, Etc. (Without a border) -136- 01/105 MY of Okeedobee B. Number of Signs 1. Generally Each non-contiguous sign face shall be counted 2. Special Situations Where two sign faces are placed back to back an three feet apart, it shall be counted as one sign. C. Sign Height The height of a sign shall be measured as the vertical grade at the base of the supporting structure to the tc supporting structure, whichever is highest. 1.18.10 Design, Construction and Location Standards All permanent signs must comply with the following design, standards. A. Compliance with Building and Electrical Coder Required All permanent signs and their illuminations shall be maintained in conformance with applicable provisions o codes adopted by the City. B. Illumination Standards 1. Sign lighting shall not be designed or located to lights. Unified IaM DevWoM=t Code one sign. are at no point more than distance from the finished p of the sign, its frame or construction and location nestgned, constructed and 'the budding and electrical confusion with traffic 2. Illumination by floodlights or spotlights is permitted given that no light shines directly onto an adjoining property or obstructs the vision of motorist or Pedestrians using or entering public street. 3. IDuminated signs shall not have lighting mechaz eighteen inches perpendicularly from any surface ns that project more than the sign overpublic space. -137- 1 OW605 City of Okeechobee C Placement Standards Unified rid Development code 1. Near street and driveway intersections: Signs shall not be located within a clear visibility triangle. 2. In the Right-of-way: Signs and support structures are to be posted not less than ten feet from the edge of a street and shall not be posted on a public right-of-way or easement. 3. Over the Right-of-way: No sign shall project over a public right-of-way except as specifically authorized by this Code. 4. Blocidng Exits, Fire Escape, etc.: No sign or sign structure shall be erected that impedes used of any fire escape, emergency exit or standpipe. D. Clearance Standards 1. Over Pedestrian Ways: All signs over pedestrian ways shall provide a minimum of seven feet six inches of clearance. 2. Over Vehicular Ways: All signs over vehicular ways shall provide a minimum of thirteen feet six inches of clearance- E. Relationship to Building Features A building sign shall not extend beyond any edge of the surface to which it is attached, nor shall it disrupt a major architectural feature of the building. (See Figure 1-18-4 and 1-18-5) F. Maximum Projection A building sign may project no more than four feet perpendicularly from the surface to which it is attached. G. Maximum wndow Coverage The combined area of permanent and temporary signs placed on or behind windows shall not exceed 25 percent of the total window area at the same floor level on the side of the building or unit upon which the signs are displayed. -138- ours city of Okeechobee CORRECT Figure 1-18-4 A Bu which it is attached not extend beyond H. Fomiat for Multiple -Occupancy Complexes Building signs, for multiple -occupancy complexes, cons effective date of this Code shall conform to an app; format shall be included as a submittal for authoriza shall be maintained on file by the City. The format sl sketch with written specifications in sufficient detail to to authorize signs based on the specifications. At mi specify the types of signs and dimensions (not to excet this Section) which will be permitted each occupant v format shall also contain common design elements sui or style of lettering which lend a unified appearance to within the complex The sign format may only be mod City Administrator upon submission of a revised plan ai revised format Unified Land Development Code to acted or remodeled aftr the ved sign format. The sign )n to erect such a sign and 11 be presented in a plan or cable the City Administrator mum, the sign format shall the size limits contained in hin the complex The sign as placement, color, shape fe signs of all the occupants ed with the approval of the specifications detailing the -139- OWAM .OWED — I 1-18-5 A Building Sign maY not disrapt Unified IAnd Development Code ' 11� Its t i� 11� ill i d features of the 1.18.11 General Provisions A. Maintenance All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display area, shall be maintained in accordance with the budding and electrical codes adopted by theCaty, and shall present a neat and dean appearance. The vegetation around, in front of, behind, and underneath and the base of the ground signs for a distance of ten feet shall be neatly free of unsightly weeds and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. B. No Defense to Nuisance Action Compliance with the requirements of these regulations shall not constitute a defense to an action brought to abate a nuisance under the common law - -140_ OWNS City of Okeecbobee APPENDIX "An MULTI WESTERN/ SPANISH— THEME DEVELOPMENT M Unified Land Develapu eut Code 3ION AL January 13. l"s It'd ozlzk TABLE OF CONTENTS Page No. DIVISION 1: THEME DESIGN STANDARDS INTENT AND DEFINITION ..................... REVIEW AND COMPLIANCE .................. ...... .. ..... . SAMPLE CHECKLIST ........................................... . PARKING AND SETBACKS ....................................... LANDSCAPING ................................................ TREELIST .................................................... BUILDING DESIGN -GENERAL .......... • • • • • • • • • • • • " " " " " " . ROOFSCAPES/FAL.SE FRONTS ............ ........ ............ . ROOFS...................................................... WALLS...................................................... SIGNS....................................................... COVERED WALKS/SIDEWALKS................................. . DOORS AND WINDOWS ....................................... . COLORS..................................................... LIGHT FIXTURES ................... AND DOWNSPOUTS/FENCES .... . EXTERIOR HARDWARE/ .. . AND RAILINGS ............................................ COLUMNS AND ORNAMENTATION .............. ......... . DIVISION 2: THEME DEVELOPMENT STANDARD .... • • • • • • • REVIEW PROCEDURES AND PERMITS ........... ............... . SETBACKS AND USES/COMMERCIAL ZONES ....................... OUTDOOR LIGHTING.......................................... PARKING AND TRAFFIC CIRCULATION .......................... . SIGNAGE........................................... ..... LANDSCAPING .......................................... 1 1 2 3 4 5 7 9 10 11 13 14 16 17 19 20 22 25 25 26 26 27 29 30 Janmy 13. 1995 Section 1.09.00 1.10.00 1.11.00 1.12.00 1.13.00 1.14.00 1.15.00 1.08.01 GENERALLY ............... 1.08.02 RESPONSIBILITY FOR INTERPRET 1.08.03 COMPUTATION OF TIME ...... 1.08 04 DELEGATION OF AUTHOR17Y . . 1.08.05 GENDER .................. 1.08.06 NUMBER .................. 1.08.07 SHALL, MAY ................ 1.08.08 WRITTEN OR IN WRITING ..... 1.08 09 YEAR ..................... 1.0810 BOUNDARIES ............... 1.08.11 RELATIONSHIP OF SPECIFIC TO i DEFINITIONS ....................... ABROGATION ....................... SEVERABILITY ...................... EFFECTIVE DATE .................... LAND USE: TYPE, DENSITY AND INTENSII 1.13.01 PURPOSE .................. 1.13.02 RESERVED FOR FUTURE USE .. . 1.13.03 LAND USE DISTRICTS ........ 1.13.04 FLOOR AREA RATIO .......... Page No. ...................23 ATTON 23 ............ .................. 23 .................. 23 ..................23 ..................24 ..................24 .................. 24 ..................24 ..................24 sENERAL PROVISIONS 24 ..................25 ..................43 ..................43 ..................43 ............... 44 ..................44 ................. 44 .................44 .................45 OVERLAY AND FLOATING ZONES ...... I ................. 47 1.14.01 HIS70RIC DISTRICT ............................ 47 1.14.02 CENTRAL BUSINESS OVERLAY ZO E 47 1.14.03 TAYLOR CREEK OVERLAY ZONE ............... 49 1.14.04 .................. DEVELOPMENT STANDARDS IN THE TAYLOR CREEK ZONB9 1.14.05 GROUNDWATER RECHARGE ZONE 1.14.06 GROUP HOME FLOATING ZONE 51 1.14.07 .................. WESTERN THEME OVERLAY DISTR fCT .............. 52 1.14.08 WESTERN THEME DEVELOPMENT MANUAL ......... 53 RESOURCE PROTECTION STANDARDS .. ................ 54 1.15.01 TREES - PERMITS REQUIRED FOR TREE REMOVAL AND/OR SITE DEVELOPMENT .. ...... 54 1.15.02 ENVIRONMENTALLY SENSITIVE LA DS ............. 66 Section Page No. 1.15.03 GROUNDWATER AND WELLHEADS ................ 71 1.15.04 FLOODPLAINS................................ 72 1.16.00 DEVELOPMENT DESIGN AND nvAPROVEMENT STANDARDS ... 79 1.16.01 MINIMUM LOT AREA, LOT COVERAGE AND SETBACKS . 789 1.16.02 TRANSPORTATION SYSTEMS ..................... 1.16.03 OFF-STREET PARKING AND LOADING .............. 88 1.16.04 UTILITIES................................... 1.16.05 STORMWATER MANAGEMENT ..... • • • • • • ....... 1.16.015 LANDSCAPING .............................. . .102 1.17.00 ACCESSORY STRUCTURES AND USES ... *..................117 1.17.01 ACCESSORY STRUCTURES ........... ............ 117 1.17.02 ACCESSORY USES.............................125 128 1.18.00 SIGNS ............................................... 1.18.01 PROHIBITED SIGNS ...................... • • • • ..128 1.18.02 EXEMPT SIGNS...............................131 1.18.03 PERMITTED TEMPORARY SIGNS ..................132 PERMITTED PERMANENT ACCESSORY SIGNS ........ 133 1 18 04 1.18.05 DIRECTIONAL SIGNS ...........................134 1.18.06 SIGNS AND ENTRANCES TO SINGLE-FAMILY . • • • ..... 135 1.18.07 FLAGS ................................... .13 1.18.08 UTILITY SIGNS...............................5 MEASUREMENT DETERMINATIONS .............. . .13 1.18.09 DESIGN, CONSTRUCTION AND LOCATION STANDARDS 1.18.10 : 137 1.18.11 GENERAL PROVISIONS .......................... DIVISION 1: WESTERN THEME DESIGN STANDARDS INTENT OF THE MANUAL, The guidelines contained herein are intended to promote a ur of Okeechobee. Conformance with the guidelines for each of ti by Staff review should facilitate efficient design approval. The and designs within the Western Theme District including plans not expressly recommended in the manual, and may recoi consistency with the intent of the manual. lue Western Theme for the City various elements, as determined ity Staff will review all site plans tech contain elements which are nend approval based on their The Western Theme Design Manual's intent is to provide guide ' es to evoke a Western image in the City of Okeechobee drawing on the rich heritage of the western United States and local pioneer settlers. This unique image, setting the City of Oki development pattern, is deemed to be in the public interest, of life and economy. DEFINITION OF WESTERN THEME Western theme architecture and signage may be provided in this manual. The architecture is representative of buildings the late 1800's and also the compatible Florida apart from the surrounding rig the City's identity, quality by following the guidelines in the western United States in structures of the early pioneers. It is not the intent of the guidelines to recreate build'buildir gs with historic accuracy, but to create an overall architectural consistency representative c f Okeechobee's unique character. REVIEW AND COMPLIANCE The Okeechobee Land Development Code states that all exterior of commercial, business office, and residential offices, exclusive subject to the Western Theme Development Manual guidelin guidelines in this manual is necessary to receive a building pen pertinent zoning and building codes. Compliance with the Weste; not supersede the applicant's responsibility to meet all applicable is optional, but in encouraged as a prudent way to initiate the i all of the guidelines for architectural elements, materials and review and approval. However, it is not the intent of these gu creativity in design and economy in construction and maintenar materials which are at variance with these guidelines may be apt upon demonstration that the intent of Western Theme has been 1 following page indicates the intent for clear identification of permitted subject to City Administrator approval and those not renovation and new construction f interiors and maintenance, are s. Compliance with the design it. Applicants should review all i Theme Manual guidelines does odes. A pre -application meeting view process. Compliance with letails should facilitate efficient felines to arbitrarily discourage v. Use of design elements and roved by the City Administrator yet. The sample checklist on the elements which are permitted, Jmoary 13, 1"5 by City staff of your design is encouraged as soon as the intent of the A preliminary review proposed development or renovation has been determined. 'This review will require: Site Plan Sketch. Sketches of the Exterior Elevations. * Photographs of the Site Conditions. This initial review meeting is an opportunity to provide guidance for the preparation of the preliminary site plan and building design drawings. Although not required, this meeting may help p to demonstrate compliance. avoid the time and expense of subsequent design revisions necessary In formal review process more detailed information �requires e required in the form of drawings, ements consistent with the guidelinessamples, etc. in order to meet the minimum submission q herein.. REVIEW CHECK LIST SAMPLE PERMITTED WITH TOWN COUNCIL NOT ITEM DESCRIPTION PERMITTED APPROVAL PERMITTED WINDOWS *DOUBLE HUNG ' & FEKED « *AWNING & CASEMENT « •OTHERS DOORS *SINGLE PANEL, SPLIT SINGLE PANEL & FRENCH DOORS *OTHERS STOREFRONTS *VERTICAL MUNTINS « *BOTTOM Tor « OFF FLOOR . 6OTHER « CONFIGURATION *HORIZONTAL GROUPING « *OTHER WOOD & GLASS « MATERIALS *WOOD CLAD « 2 January 13. 1995 SITE DEVELOPMENT Parking is addressed on Page 27 of this manual. It is encourag as to enhance the urban pedestrian environment of the City of ideally be located to the rear of buildings. This will help to a in front of the buildings. .� i i �PARNINC' q REAR 1 1 1 1 . 1 1 1 DRIVEWAY WALKWAY I p 1= STREET SIDE BUILDINC MXT To 1315ETSACK L E-- SETBACKS that applicant plan their site so :eechobee. Parking lots should to a system of pedestrian walks Required setbacks are addressed on Page 26 of this manual. To provide for continuity of building facades and the pedestrian environment of commercial, buildings are encouraged to be located at the minimum front setback line. This building facade line should only be broken by driveways and walkways to the parking in the rear. Permitted uses in front, sidestreet and rear setbacks include: 1. 2. 3. 4. 5. 6. 7. 8. Covered boardwalks and pedestrian plazas on the rear Permitted drive -ways and sidewalks may cross the setb; Landscaping. Lighting. Ground signs are subject to a 5-foot minimum setback Bitching posts, bike racks and equestrian facilities. Pedestrian furniture that does not obstruct pedestrian 1 Required parking. �t (8) feet of the setback area. all property lines. 3 ranmry 11 1995 SITE DEVELOPMENT CHECKLIST PERMITTED WITH NOT City Administrator PERMITTED SITE DEVELOPMENT -CHECKLIST PERMITTED APPROVAL *BUILDING ON SETBACK LINE •BUILDING LOCATED ELSEWHERE ON SITE R •PERMITTED USAGE IN SETBACK .OTHER USAGE OF SETBACK *PARKING AT REAR OF SITE *PARKING LOCATED ELSEWHERE ON SITE *TREE LIST & SPACING •OTHER TREES & SPACING SITE DEVELOPMENT - LANDSCAPE The intent of this manual with respect to landscaping is to encourage continuous tree -shaded t is asked to plant street pede strian and vehicular corridors in the Theme District. reel will rode shade for pedestrians, trees at the front of the requir sd front nand yard tcovered walks and enhance he scale and. sense of create a buffer between the licants should choose the trees they wish to plant from enclosure of the street environment. App cin of trees be in the approved list provided in this manual. The number and spa good idea to choose smaller conformance with he Iandscaf the buildings. Largerng standards of this trees should be used adjacent to open spaces. trees for use directly in front o round cover which is low in maintenance The remaining planing area should be planted with a g d County and low m water consumption. A list is provided in the m�u�' ovState er he guidelinesofthis regarding planting of trees in relation to roadways may take precedent manual. See Landscaping for additional requirements. 4 January 13. 1995 SITE DEVELOPMENT _ STREET TREE LIST STREET TREES COMMON NAME BOTANICAL NAME Live Oak Quercus virginiana Laural Oak Quercus laurifolia Gumbo Limbo Bursera simaruba Royal Poinciana Delonix regia Wild Tamarind Lysiloma bahamensis Red Maple Acer rubrum Mahogany Swietenia mahagoni Pigeon Plum Coccoloba diversifolia Hong Kong Orchid Bauhinia blakeana Green Buttonwood Conocarpus erectus Short Leaf Fig gcus citrifolia Rusty Fig Ficus rubiginosa Blade Ironwood Krugiodendron ferreum Golden Rain Tree Koelreuteria formosana Tree of Gold Tabeuia argentea Silver Trumpet Tree Tabeuia caraiba Pink Trumpet Tree Tabebuia pailida Satin Leaf Chrysophyllum oliviforme Silver Buttonwood Conocarpus erechu sericeus Golden Shower Tree Cassia fistula SHRUBS COMMON NAME BOTANICAL NAME Bush Allamanda Allamanda nerifolia Natal Plum Carissa grandiflora Cocoplum Chrysobalanus icaco Croton Codiaeum variegatum Silver Buttonwood Conocarpus erectus sericeus Queen Sago Cycas circinalis Silverthorn Eleagaus pins Stoppers Eugenia spp. Surinam Cherry Eugenia unitlora (fie Hibiscus Hibiscus rosa sinensis Chinese Hwy Ilex cornuta Japanese Holly ilex Bata Yaupon Holly Ilex vomitoria Ixora spp. Ixora spp. Jasmine spp. Jasminum spp. 5 CANOPY 50' 40' 30' 30' 25' 50' 25' 35' 50' 30' 35' 50' 25' 24' 20' 20' 30' 20' 25' 35' SIZE M S S M M S M M M M M M M M M January 13. 1995 SHRUBS (Cont.) COMMON NAME Junipers spp• Crape Myrtle Japanese Privet Chinese Privet Orange Jessamine Wax Myrtle Japanese Pittosporum Yew Podocarpus Indian Hawthorn Sweet Viburnum Sandankwa Viburnum GROUND COVERS Purple Queen Jasmine (wax) Juniper Wedelia Liriope Asparagus Fern BOTANICAL NAME Juniperus spp. Lagerstroemis indica Ligustrum japonicum Ligustrum sinense Murraya paniculata Myrica cerifera Pittosporum tobira Podocarpus macrophyllus Raphiolepis indica Viburnum odoratissimum Viburnum suspensum Lantana depressa Mondo Grass IIex Vomitoria St. Augustine (floratam) Railroad Vme Beach Sunflower R SIZE M M M M M M S M M M M •M=Megftm 'S = Small January 13. 1995 BUILDING DESIGN - GENERAL As described in preceding sections of this Manual, "Multi Westen defined to be the architectural treatments characteristic of buildings c that were built throughout the western and southwestern United State century. Compatible with this "style" is the architecture of early Soui These buildings can be grouped into two general categories. The first type are more urban and could be found along the main si southwestern towns. Buildings of this type are usually narrow, structures with gable roofs. The street facade was embellished v simple shed roof over a boardwalk, or even a second story bale buildings were typically built in a row along the street to forma con also built very close together with breaks in the facade only where the back lot. An important characteristic of these buildings were their individualis elements of the facades were considered part of the "advertising" E distinguish itself from others around it. Decorative false fronts applie roofed main structure became popular means to create a distinctive were also extended above the roof of the structures to create a more the actual flat or gable -end roofs would provide. Another characteristic of these structures was the proportion of the o height of the structures was greater than the width of the building. narrow property frontages and the use of false -fronts to exaggerate t Spanish -Mission Theme" is astructed in the small towns in the latter half of the 19th Florida pioneer structures. is of the typical western and ctangular one or two story a false front parapet, or a over a boardwalk. These Ious facade line. They were cessary to provide access to c treatments. Architectural which one business would in front of the gable or flat- ►pearance. The false fronts ubstantial appearance than call facade. In general the This was the result of the ilding heights. 7 1Maary 13. 1993 &d o2lzo%5 The second general category of compatible structures are free-standing buildings. Barns, stables, ildings were typical farm houses, fruit and vegetable stands, and other 1 use structureof s, bothal in examples from the free-standing structures. Major characteristics of gable western states and from South Florida include a, hi rood overhangs, covered front porches, gable combination roof forms were also or hip roofs, and wood siding. In South Florida, p g necessary on frequently used to create attic ventilation. Since false front � not les and in later years q important consideration g structures, roof materials were an imp ical roof materials. roofing (after it became available) were ty p The fg ollowin sections of this design manual describe in detail the addition approved to tweeting those reatments for individual architectural elements that comprise the total building. In requirements, it is important that the individual elements be composed together in the proper q diagrams suggest ways in which manner to achieve the desiredoverall characteristic buildings. These examples are not elements may be combined to produce meant to limit creativity of individual designers to prepare theirtown is notes tactical to prescribe a seat important element in evoldng the on of aoverallrchitmectural ee. As a result, elementsTherefore, review of the overall of rules for the proper coond architectural ensemble will be required for each structure. lanm y 13. 1995 8 Od zb 95 ROOFSCAPES/FALSE FRONTS A roofscape is defined as an architectural element which provides a ui one building or segment of a building from the ones adjacent to it. U of a false front on a simple gable building. The use of form and mat for this purpose as could the incorporation of cupolas, flagstaffs and otb graphic examples of roofscapes are given, but designs should not be lim Mansard roofs, "A -frames" and other styles that are clearly not evoca ROOFSCAPES/FALSE FRONTS CHECKI PERMITTED City Adminis ITTM DESCRIPTION PERMITTED APPROV, ROOFSCAPE *UNIQUE TREATMENT OF ROOFLINE •OTHER ie roofline distinguishing times this took the form als should be considered decorative details. Some d to the examples shown. and are discouraged. NOT PERMITTED 9 imo.ry M 1993 & -d OZi2o%5 ROOFS Roofs are defined as the cover of a building, and are subdivided into two basis types: Main roofs Shed roofs to covered walks and porches /12 nd 12 Main roofs should be simple, gables and combinations gables. slopes between43/12aand � 2. are encouraged. Shed roofs which are over covered alksan at one en and a These shed roof's should be supported by the building ese shedsroods and the soffits atltheove�rhangs and bean element at the outside. The underside of should be left open to reveal the structure. Flat roofs h the ulso permitted, but se of parapet where they are material not seen from the public rights -of --way such as through is limited to certain metals, woods, and clay tiles. Other woods will require City d shakes made out of ' Administratorredwood, pressure treated pine are generally encouraged. approval. Metal roofs of galvanized steel, uncoated copper,Metalor tenure should beeeitherareeIIgimp, or co Other metals require City Administrator approval. standing seam in form. Regular corrugated metal, anodized permitted andnted enco mated and asphalt/vinyl shingle roofs are not permitted. Clay tiles roofs a Pe SHED CABLE WITH SHED PORCH CABLE CABLE WITH FALSE FRONT January 13. 1995 10 J 02/20/95 ROOFS CHECKLIST ITEM DESCRIPTION PERMrITE rn*rzri•.,,, . D ••—"- av vi%."►11V1` 3 *GABLES •SHED ROOFS *FLAT ROOFS NOT IN VIEW OF THE PUBLIC RIGHT-OF- WAY *OTHER MATERIALS METAL •APPROVED METALS • OOTHER •ANODIZED, PAINTED METALS •ASPHALT SHINGLES FORM .V-CRIMP, ' STANDING SEAM *OTHER *CORRUGATED WOOD *CEDAR, REDWOOD PRESSURE TREATED PINE SHAKES •OTHER CLAY TILE *BARREL WALLS Walls are defined as the sides of buildings connecting the floor an be vertical. Slanted walls are not permitted. Walls can be con: permitted by the building code, but the outside surface can be of v simulated brick. Wood walls with an exterior surface of cedar, redw treated pine are encouraged. Other woods are permitted but req approval. Pine, fir, and spruce are not permitted because of poor should be one of the following forms. Tongue & Groove Shiplap Shingles Simple Drop Beveled and Straight Cut Board & Batten Board & Board Plywood of the same approved woods is permitted if used with minimum 3/4" thickness, The vertical joint must be detailed so that i PERMITTED WITH City Administrator APPROVAL, NOT PERMTPTE D t the roof. Walls are to tructed of any material ood or brick or CBS or iod, cypress, or pressure lire City Administrator urability. Wood siding an applied batten of lashing does not show. Az allvzlv�;5 Clay brick finishes of red, red blend, brown, and brown blend are permitted. Glazed or otherwise brilliantly colored bricks are not permitted. Because of the endless variety of bricks available, City Administrator approval of the specific proposed brick treatment and sample is necessary. Gray mortar joints are encouraged. special of the level veel o brick detailing necessary for detailing. The illustration indicates an example the permitting of a brick building. .i o�.►� ., it x.�r, 3,,.. � � )`{j Try •�f. JX �. �yG.n+T1'.iM SIIIPLAP TONCE b CROOVE SIMPLE DROP BOARD 3 BATTEN BEVELED BOARD L BOARD PARAPET UN EL SILL f f � fIOOR IIANOINC CORNEIZ BASE ? WALLS CHECKLIST ITEM DESCRIPTION WOOD *CEDAR, REDWOOD, CYPRESS, PRESSURE TREATED PINE •OTHER •pII-;E, SPRUCE, FIR CONFIGURATION •TONGUE & GROOVE •SHIPLAP OSHINGLES STRAIGHT OR BEVELED SIDING •SIMPLE DROP •BOARD & BOARD •BOARD & BATTEN OTHER PLYWOOD •APPROVED WOOD ,*APPLIED BATTENS •OTHER BRICK • RED, TAN •ORANGE, BROWN oNmgIMUM DETAILS •GRAY MORTAR •W ITE, BLACK MINIMUM BRICK DETAILING PERMITTED WITH City Administrator PNOOT� D pE j,jn-I'ED APPROVAL s i 12 January 13, 1995 SIGNS Signs are regulated by the City of Okeechobee sign requirement; to these criteria for size and other limitations. Individuality of is the key to success for the appearance of the building and mark, Plastic backlit boxed signs, neon, plastic and aluminum letters should be made of wood. They may be painted, routed, sand bl,- be painted directly onto building walls. However, all signs shot integrated into the facade composition. Accent lighting in the fo can be used with City Administrator approval. . Applicants must conform ►ignage is encouraged, and sting of goods and services. are not permitted. Signs sted or carved. Signs may id be carefully placed and m of backlit wooden signs Backlit wooden signs could be constructed by cutting the letters out of a wood cover. During the day the sign would look like wood and also read better at night. Some sort of block lettering should be used for signage. The letter list incluc led is encouraged. Other letters may be used with City Administrator approval. AHC�EFGF.I�I.'�Y�NQ�4RST�v XYZ.�Q CM6.4 pts"A a—U^ Rod" a.b(,drt'-f ivi tl i.i is t iri nfipgr t ttvwxyzm(,aa A� 3CDEFC H t;r K [, N0 1IN,%ST-[1 V W X Y7r,(EH �bcdofghijklmnopqrstuvwxyzmml ABOBtrC�KiJXLMNOPaRSTV WXYZEMo ABCIIEFGHIJULMNOPO;RSTU 1234-SMS0&%£ 'WXVZ4ECE0 MM . 13 January 13. MS SIGNS CHECKLIST PERMITTED WITH City Administrator NOT ITEM DESCRIPTION PERMrITED APPROVAL PERMITTED TYPE & LOCATION *FLAT VERTICAL ELEMENT ` *OTHER TYPES SIGNAGE *CONFORMS TO ZONING *WOOD • *OTHER MATERIALS *PAINTED ON SIGNS *APPROVED COLOR • *OTHER COLORS ` *BACKLIT PLASTIC BOX SIGNSINEON, PLASTIC & ALUMINUM LETTERS LETTERS •APPROVED LETTERS ` *OTHER LETTERS COVERED WALKS/SIDEWALKS It is intended that the end result of this manual and the zoning ordinance be an integrated system of pedestrian walks which link streets, parking lots, offices and shops. Both sidewalks and covered walks make up these pedestrian walkways. By Building on or close to the setback line it is possible to build the required 5' to 8' wide covered walk on the street sides of all buildings which can be used to facilitate pedestrian circulation in the City of. On corner lot buildings the boardwalk may be uncovered °�f is to be supported by the e side -street setback if adequate Theme Design is maintained. The coo building at one end and a column and beam structure on the street side. 14 Jammy 13, 1"S ^."." 0212k:A Wooden boardwalks are encouraged due to their con Practices. However, the use of wood requires the use of the ground with boards laid perpendicular to the directi( be 1/8" or less and a skid resistant surface should t deterioration and maintenance problems associated with are also permitted. To provide for continuity of treatme patterned concrete is not encouraged, except with City j COVERED WALKS/SIDEWALKS tency with historic construction �ssure treated lumber, raised off Of travel. Board spacing should incorporated. Because of the )od board walks, concrete walks special pavers, colored tiles, or ministrator approval. PERMITTED WITH ITEM DESCRIPTION City Administrator PERMITTED APPROVAL ,.z,,,,% CONFIGURATION *LINKED TO PARKING *LINKED TO BUILDINGS ON • ADJACENT LOTS *OTHER - .•...,' O LL%U%.i ufrrz 03/12 TO 6/12 SLOPES •OTHER SLOPES , *PROPER SUPPORT AT WELDING AND STREMIDE •OTHER SUPPORT WALK FLOOR *CONCRETE * WOODEN BOARDWALK • *SPACING & SLIP CONTROL *OTMR MATERIALS 15 • NOT PERMITTED January 13, 1995 �WQ?120 P'V 91 - — •ienoidde ttuiad a.te sad�Cl gaaa� ppuleiaaed iol wPd �i� aim6aa sad�Cl loop taglp 'Pa;j• pa snno atm laamasea ai8ms 1pds -jawed ailms ;o stooQ •ieeoidde ioleilsiatutPd ATE P P pae 8atanAd •pallituiad aie paxg io Sanq aignop axe gaigm snnopatM :aotlEinlgao0 •loop Pagszag o tuntmaga a A%oiaq paalxa low p[nogs smoPulm laoJJaiolS •saganut aql anoge „p-,Z 3 o tan qi► PaPi^?Pgns aq pinogs swig a8iei agy •sao►liodoid P ein aai io aa�zn ao a olS IenPP� aq pictogs �Catiy •pallitzuad ale snnopatnn �Ceidst lao aiols a$ sl $ •ienoidde ,ioleilstattuPV 4!3 of laa[gns ale sloop pug StAOpU!m ssei8iagg pug iAain -iinayq •paleinooaa a.te ssei2 Pug Poomjo apeut stoop pug snnopaiM :iEualEYli o a[ ns ale snnopaur► ieaoSel�O �8 Ila naiia-ituas •ienoidde ioleilscattapd 4tD l .g 3 -pang •pa8einoastp st uopisodutoa ieluozctoq a tulo; of sn%opau+n ao podoi saogio A JO 8atdnoi0 •aoniodoid iein2ulmat IROWan .to aaenbs;o aq pings skwp •M •ao. !sodtaoa iettyaaligaje autagl, aql gltk+ laalsisuc* .[aaaetu a at smopmA% atapotu asn of anullss Ps noogs aaa$csap aq1, •aoptsodutoa garpitnq aql at slaataaia laeltodaut ale sn�wpainn p ug SMOQNIM V SX00a ITEM WINDOWS DOORS STOREFRONTS CONFIGURATION MATERIALS COLOR DOORS & WINDOWS CHECKLIST DESCRIPTION *DOUBLE HUNG & FIXED 'AWNING & CASEMENT *OTHERS *SINGLE PANEL, SPLIT SINGLE PANEL & FRENCH DOORS OOT TIERS •VERTICAL PROPORTIONS •MUNTINS *BOTTOM T-0" OFF FLOOR *OTHER *HORIZONTAL GROUPING OOTHER • WOOD & GLASS *WOOD CLAD *OTHER PRRANN A I or f-MUTED WITH ty Administrator NOT APPROVAL PERMITTED Color is an important detail in producing a Theme building. Theme buildingsare best colored with whites, grays, brown, barn red, green, dark blue or mild pastel colo" The use of wood for wall surfaces allows for the use of semi -transparent stains as a finish. These stains can protect the wood with a minimum of maintenance over f e. However, it does not prohibit the use of paint for walls. Stripes and checkered solore not permitted for walls. The following is a list of encouraged colors as a guide for staeview.Other colors are subject to City Administrator approval. Color selection for trim materials should compliment and accent painting should be limited to no more than 25% of the total wail sur approved colors, pastel paints may be approved for trim and spec Primary colors may be used for accent lines on trim work and for s Signs are recognized for their importance in commerce. The backg may be painted. The color should be chosen from the color list. L can be bright primary colors. All signs are subject to the Okeechobee require City Staff approval to obtain a permit. e wood walls. This e. In addition to the details. Bright and age trim. d for the lettering s and accent lines requirements and 17 IMMY 13, M &O OMW/rZ COLOR LIST (Based on Cabot's Colors) Similar colors of other manufacturers are acceptable. 1) Light Grey - #0388 Bleaching Stain 2) 0585 Barn Red 3) 0544 Driftwood Gray 4) 0594 Beige 5) 0547 Dark Gray 6) 0577 Federal Blue 7) 0533 Red Cedar 8) 0510 Evergreen 9) 0597 Sandstone 10) 0540 Spruce Blue 11) 0548 Aspen Green 12) 0551 Sagebrush 13) 0567 Dune Gray 14) 0570 Charcoal 15) 0527 Dark Red 16) 0553 Spanish Moss 17) 0541 Pewter Gray 18) 0580 Redwood 19) 0542 Beechwood Gray 20) 0545 Slate Gray 21) 0000 White and Off Whites COLOR CHECKLIST PERMITTED WITH City Administrator NOT DESCRIPTION PERMITTED APPROVAL PERmn MD ITEM WALLS 'OSEMI-TRANSPARENT STAINS APPROVED COLORS *OTHER COLOR STAINS • *STRIPES, CHECKERED, MULTI -COLOR OR PASTELS , *PAINT • •DARK BROWN STAIN RIM, S SECIAL DETA *25% OF WALL LIMIT *APPROVED COLORS *APPROVED STAINS 0OTHER PAINTS AND • STAINS ACCENT LINES •BRIGHT AND PRIMARY ' COLOR FOR ACCENT LINES • *OTHER USES 18 r noy 13. t"s �Utj 0Z11014S LIGHT FIXTURES Site lighting is addressed in this Manual. Individual light fi kerosene and gaslights and mounted to walls or posts. Ap subdued lighting environment. This is best achieved by ai light. The use of concealed illumination is recommended. of ways such as placing lights behind the marquee to light in the landscaped areas. Certain types of lighting are not * Exposed Fluorescent Lights * Exposed Incandescent Lights (theater type) * Exposed Flood Lights * Neon Lights * Flashing Type Lights One exception to the above concerns signage. This m signage to commercial activity. Therefore it is accept reaccent lights be used to light signage at night. The li permitted. (See architectural element signs) :s should be patterned after Ints should try to achieve a ng intense point -sources of can be achieved in a variety facade or concealing lights utted. These include: l realizes the importance of that point -source and other i use of back -lighting is also 19 January 13. 1"S LIGHT FIXTURES CHECKLIST PERMITTED WITH City Administrator NOT ITEM DESCRIPTION PEA APPROVAL PERMITTED LIG ITING DESIGN *CONCEALED ILLUMINATION •SUBDUED LIGHTING LEVELS LIGHT FIXTURES •FiXTGRES APPROXIMATE • GENERIC DESIGN *OTHERS •EXPOSED FLORESCENT, INCANDESCENT, FLOODLIGHTS, NEON, OR FLASHING LIGHTS SIGNAGE- • POINT SOURCE LIGHTING LIGHTING * LIIvMTED BACKLIGHTING ARCHMCTURAL DETAILS EXTERIOR HARDWARE t iron hardware. City Administrator approval. Other types require Exterior hardware should approximate simple wrought proval. Hardware made from plastic and polished metals, with the exception of brass, are discouraged. Hinges should be simple but hinges with round headed pins. Door knobs with simple round knobs and rectangular escutcheon plates are recommended Exterior locks should be part of the mortise box or a simple round double dead bolt lock. .. JMN� P)eb Ira s i- . ' F•re16 . s U- 20 January 13, 1995 GUTTER/DOWNSPOUT Gutters and downspouts are an important element of Theme d integrated into the design of the front facade and covered walks. downspouts are limited to round sections of a minimum diamel steel. Other types of materials and sections will require Ci Factory applied complementary colors are subject to City Ad= is not permitted. FENCES & RAILINGS Fences and railings are important elements in a Theme compositi, restrictions are covered in this code. Fences used for privacy sh4 boards used in a vertical configuration. Fences which are used privacy screening should be of a split or diagonal rail type. Fir simple vertical pickets between a top and bottom rail. The u boardwalks or porches is discouraged, and should only be done reasons by the building code. Masonry walls and chain link fence. - Administrator approval. 21 ign. They should be well .ecommended gutters and of 6" made of galvanized Administrator approval. istrator approval. plastic ,n. Locations and height uld be made of wooden for purposes other then ished railings should be ;e of railings 'along the ►hen required for safety are permitted with City J=Uffy 13. 1"S ARCHITECTURAL- DETAILS CHECKLIST PERMITTED WPTH City Administrator NOT ITEM DESCRIPTION PERMTITED APPROVAL PERMPPTED EXTERIOR *SIMULATES WROUGHT HARDWARE IRON *OTHER •POLISHED METALS & PLASTICS (except brass) ('viTIERS & aGALV. STEEL OR COPPER D� OWNSPOUT • *6" MIN. DIAMETER ' •FACTORY APPLIED COLOR ' aPi .ASTIC FENCES & *SIMPLE VERTICAL BOARD RAILINGS PRIVACY FENCES *OTHER WOODEN FENCES *MASONRY, WALLS & CHAIN LINK FENCES COLUMNS & ORNAMENTATION COLUMNS Applicants are encouraged to use simple columns, brackets, i ndE a detailinBr commonlycommonlyThe manual discourages the use of more elaborate referred to as gingerbread. Columns will be used mainly to support the required overhangs; covered walks, and porches. A simple column of a minimum 6" a 6" size is encouraged. More elaborate turned or routed columns may also be used with City Administrator approval. CW COLUMN 22 SECTION )anoary 13. 1"S &J ozholo Brackets may be used to stiffen column to beam structural brackets (4" x 4" minimum size) placed 45 degrees to the co more elaborate designs may be permitted with City Adminis 6'x6' COLUMN WITH 4'x4' BRACKETS TRIM Simple trim is recommended. It should be used to frame and elements. These elements include corner boards, gable fascia, and d They should be a minimum of 6" wide. Other trim sizes and Administrator approval. All trim must be made of wood or other is consistent with the theme.. MINIMUM WOOD TRIM OET.AIUNC 23 ections. Simple square are encouraged. Other approval. articulate major facade Dor and window casings. types will require City building materials that hasty M 1"s Abtd OZ1'zv/95 COLUMNS & ORNAMENTATION CHECKLIST PERMITTED WITH NOT City Administrator PERMITTED APPROVAL PERMITTED ITEM DESCRIPTION COLUMNS • SIMPLE 6" X 6" ` *TURNED OR ROUTED BRACKETS •SIIveLE 45 DEGREE 4" X 4 , *SIMPLE CURVED ' *OTHER TRIM 06" WIDE CORNER BOARDS FASCIA, WINDOW AND DOOR CASES ' *OTHER MATERIALS • WOOD ' •OTHER Ianuuy 13, 1995 24 DMSION 2: MULTI WESTERN/SPANISH-MISSION THEME DEVELOPME STANDARDS REVIEW PROCEDURE & PERMITS Review Procedure. A. All exterior renovation to and new construction of commerc al, office, industrial and residential -office development permit applications, exclusiv, of interior renovations and standard and necessary maintenance to a building or s to not visually affecting the public sight line of the project, shall be subject to the r quirements of Sections 1.14.07 and 1.14.08, of the Land Development Code, ands all have a Theme. B. All exterior building facades, signage, fence and exterior lighting shall receive approval of plans by the City Administrator with appeal of adverse decisions to be decided by the City Council. Applications for permits. Prior to the submission of an application for plat or site plan reiriew, a pre -application conference with the City Administrator is encouraged. Any application for a permit for development within the bounds of this district made subsequent to the date of enactment of the ordinance from which this manual was derived, shall co ply with the district regulations contained within this Section. The requirements of this section shall apply to, but not be limited in, their application to new construction, add'tions, alterations and redevelopment of existing structures. This section shall, however, not be construed to require any application for a development permit when such appli tion is not otherwise required by the Code. In addition to the requirements of Volume I, Sections 1.15 and 1.1 , of these regulations, the applicant shall submit the following with the site plan application for work in the Theme District: 1. 2. 3. Samples of proposed exterior building materials. Detail drawings and general specifications for all exterior Catalog cuts and general specifications for all exterior gutters and metallic building detailing. and windows. lighting, drain 25 AY J=MY M 1"s /r4�t5 SETBACKS & USES/COMMERCIAL. ZONES Setbacks in commercial zones. A. Setbacks are hereby established for the Theme District. 1. Front setback: Thirteen (13) feet. 2. Side setback: Zero (0) feet. 3. Rear setback: Zero (0) feet, except where abutting a lot zoned, occupied or land use plan designated residential, in which case it shall be 10 feet. 4. Street -side setback: Thirteen (13) feet. B. Permitted uses in front, street -side, and rear setbacks: 1. Covered boardwalks and pedestrian Plazas on the rear eight (8) feet of the setback. 2. Permitted driveways and sidewalks may cross the setback area. 3. Landscaping. 4. Lighting. property 5. Ground signs are subject to a 5-foot minimum setback from all P ro lines. 6. Hitching posts, bike racks and equestrian facilities. 7. Pedestrian furniture that does not obstruct pedestrian movement. 8. Required parking. C. Any commercial, business, office or residential -office building constructed in the Theme District shall have a minimum length of the frontage of th5) foot wide to e sitnictureum �alo g the foot wide covered boardwalk at least g� street sides. OUTDOOR LIGHTING Outdoor Lighting. This section shall apply to and establish lighting requirements and standards of the Theme District, and shall supersede the requirements in Section 1.16.04.A.4, of the Land Development Code, as follows: A. .Pole mounted fixtures situated in vehicular height of fifteen (15) feet and such poles shall be located so as not to be a hazard in the path of travel for pedestrian or vehicular access. B. Pole mounted fixtures in pedestrian use areas shall not exceed a mounting height of eight (8) feet and such poles shall be located so as to not be a hazard in the path of travel for pedestrians. p�Zo%5 26 i C. Wall mounted lighting fixtures shall not exceed the heig mounted fixtures in their respective use areas, and shall which will minimize glare to vehicular traffic. D. All outdoor lighting shall provide illumination at range set below: 1. Commercial areas: a. Average illumination: 1.5 footcandles b• Maximum illumination: 5.0 footcandles 2. Residential areas: a• Average illumination: 1.0 footcandles b• Maximum illumination: 2.5 footcandles . E. All site plans submitted for development review shall n and type of all lighting fixtures, deflection shields and specific fixtures intended for use, and an horizontal foote lighting plan. F. In addition, outdoor lighting shall be designed so that any adjacent properties shall not exceed one-half (1/2) footcar (1/2) footcandle horizontal illumination to the adjacent pi G. Outdoor lighting poles and fixtures shall conform in ch, Theme Development Manual. PARKING & TRAFFIC CIRCULATION Parking. Regulations are hereby established for all areas within the .Them supplement, and be cumulative to, the parking regulations of any zon this district. Parking requirements for uses not described herein -shall applicable district regulations. A. . The minimum size of parking stall space shall be as follows: L Standard space: Nine (9) feet by eighteen (18) feet. 2. Parallel space: Nine (9) feet by twenty-three (23) met. limits set for the pole provided in a manner level not to exceed the the location, height :tor of beam for the map of the proposed rspill of lighting onto vertical and one-half rties or structures. It and style of the District which shall g area situate within 11, in accordance with 27 3. Handicapped space: Twelve (12) feet by eighteen (18) feet with a five (5) foot accessway, except where two (2) handicapped spaces abut each other, they may jointly use the paved accessway. 4. Parallel handicapped space: Twelve (12) feet by twenty-three (23) feet. 5. Compact spaces shall not be permitted. B. Parallel parking requirements in right-of-way. 1. Parallel parking within the right -of --way as permitted within the Theme District shall be so constructed as to provide the required sidewalk along the right-of-way which shall be curbed six (6) inches at the edge of the proposed parking space. 2. The pavement of the parallel parking space shall match the existing pavement of the roadway in a smooth fashion and shall not obstruct or impede drainage patterns nor permit ponding or flooding. 3. The dimensions of the section of the street where parallel parking is permitted within the Theme District shall be as follows: a. There shall be provided street pavement twenty-four (24) feet in width for the public street. b. There shall be provided a sidewalk of five (5) foot width at the edge of the right-of-way extending into the right-of-way the required distance. C. The sidewalk shall be curbed with a six (6) inch curb the length of the property along the street on the street side. d. The distance between the edge of the pavement for the public street and the curb shall be paved and striped for parallel parking'spaces to the dimensions required. C. Required parking. 1. All commercial uses shall provide one space for every 250 feet of floor area with the exception of restaurants. fast food), shall provide one (1) space for 2. Restaurants (drive-in, take out, gross floor area and shall be exclusive of each fifty (50) square feet of required drainage and/or septic tank and septic drain farjas. 3. Restaurants shall provide one (1) space for each fi 50 square feet of dining area and one space for each two hundred (200) square feet of non - dining service areas. 4. Cross access and parking agreements will be required where appropriate to facilitate smooth traffic movement from one property to another. 5. A maximum of 40% of required parking can be provided off site where cross - access and parking agreements are executed and the applicant has demonstrated to the City staff the adequacy of available permitted parking within a 900 foot radius of the site, except that all required handicapped parking facilities shall be located on site. 28 JMMY 13. 199s SIGNAGE Signage. Regulations are hereby enacted for all areas within the supplement, and be cumulative to, the sign regulations of any district. District which shall area situate within this A. Signage in the Theme District shall be required to mainlain a consistent theme character and style. B. A -frame signs, banners, streamers, bunting and flags are permitted in the Theme District. Such signs and other advertising instruments shall be in the character and style of the adopted Theme in design and shall be limited to a 14 day maximum duration during any 30 day period. Such signs shall be limite d to advertising special sale items and special events. C. Directional entrance and exit signs are not to exceed twelve 12) inches by thirty-six (36) inches per face and may not contain any test, logo, picture or other advertising besides the words entrance or Brit. D. Roof signs are prohibited. E. Bus bench signs are prohibited. F. Ground signs are subject to a five (5) foot minimum setback from all prop6rty lines. G. Ground signs in the Theme District shall not be permitted on lots with less than fifty feet of street frontage. Ground signs shall be limited to one (1) sign per two hundred (200) feet of street frontage or portion thereof p r property, and shall contain the identification and address of the business or bui ding only. They shall not exceed six (6) feet in height above the elevation of the areat adjacent street, and shall have a maximum of thirty-two (32) square feet of is face. H. Boardwalk signs in the Theme District shall be so construct assure that a seven (7) foot clearance is maintained along the it is to be installed. The length of the sign shall not exceed of the width of the boardwalk, and shall be mounted and boardwalk perpendicular to the face of the building. and installed as to irdwalk over which .y-five (65) percent the canopy of the &dOz/zv/g6 LANDSCAPING Landscaping. Regulations are hereby established for all areas situate wthin tie within this District shall g 1n regulations of an zoning area supersede the landscaping g y Applications for site plan review pursuant n cae terms of by the terms shallon be A. c landscape plans indicating lands P g q accompanied by prepared a person certified in manual. The plans required hereunder shall be re ared by pe landscaping design pursuant to F.S. Chapter 481. B. Landscape material shall be in accordance with the Theme Landscape Plant List contained in this document. C. The minimum requirements of this Section shall be as follows: 1, Perimeter Buffers. shall be required a, A minimum ten (10) foot wide perimeteroccupied,, zo d, or land use where commercial use is adjacent to a 1 designated residential. b. Required Plantings - With Required Perimeter Buffers - One (1) 3 inch minimum caliper street tree,12 foot minimum height at time of planting, every 30 linear feet on center of property frontage. lasted for each lot within the - A minimum of 2 trees shall be p perimeter buffer. Two (2) foot high shrubs shall be planted sufficient to form a continuous screen at time of Planting- 2. Street Buffers. There shall be required a landscaped strip five (5) feet wide miniwithin mum adjacent to the right-of-way on all non-residential property Theme District. Said landscaped strip may consist of groundcover or sod in combination with trees, shrubs, hedges be and from the�Theme species selected for the plantings shall Development Standards - Where pavement is not provided tode so d �area to the edge of adjacent to a site, there shall be proved pavement of the roadway - Required Planting - Wig Required Street Buffer er street tree,12 foot minimum height minimum - One (1) 3 inch caliper frontage, a at time of planting, every 30 linear feet of property. minimum of 2 trees shall be planted for each lot within the street buffer. a. b. C. �&a% 021205 30 julmy 13, 1"S 3. Vehicular Use Area. a. b. C. d. e. D. Trees. These shall be a minimum five (5) foot surrounding all vehicular use areas which wide landscaped strip shall form between said areas and any building or pro strip may consist of groundcover a separation rty line. Said landscaped or sod in shrubs, hedges and flowers planted in a manner combination with trees, line of sight from an intersection accessway A landscaped island as not to obstruct the and a public right-of-way. shall be required for spaces provided. In no instance shall a row every ten (10) parking of more than 10 parking spaces be permitted without provision of a la any continuation of such a cidscaped island to divide row of parking. minimum five (5) foot wide landscaped area. Said island shall have a Required Plantings - One (1) street for eact be provided. Additionally, the vehicular landscaped island shall us from any abutting property with a landsca hedge not less than three and half area shall be screened d barrier, preferably a one (3.5) (6) feet in height. For each thirty (30) line_ eet nor greater than six r feet of such screening or fractional part thereof one (1) three (3) i twelve (12) foot minimum ch caliper canopy tree, height at time of pl between the vehicular use area and abutting ting, shall be provided All landscaped areas adjacent to vehicular use with 6" property. areas shall be protected a extruded curb. Wheel stops may be only along the front of parking stalls. substituted for curbing Where a parking stall is adjacent to an a ssway there shall be a terminal landscaped island separating the intersection. The island shall have a five ()foot arking space from the landscaped area and shall be encompassed wi minimum width a six (6) inch concrete accessway. The trees shall be of a species recommended in the Theme D velopment Standards. Other trees may be approved by the City Administrator. E• Groundcover. Groundcover which is utilized within the Theme District sh ll consist of live plant material which shall be planted to achieve a full cover ap arance within slut (6 months from the date of planting. The groundcover shall be mulched or Chattahoochee rock and maintained to keep it free of debris, weeds or dead plants. Dead plants occurring within an area of groundcover shall be replaced immediately to prevent aesthetically unattractive areas from developing. Gravel, colored rock, bark, and similar materials are not acceptable as groundcover, r the purpose of this section. Groundcovers shall be of a species recommended in the Theme Development Manual. &d 00120196 31 Ju mq 13. 1"S F. Shrubbery. Shrubbery shall be of a species specified in the shrubbery list on page 5 of Division 1 of this manual. Other shrubbery may be approved by the City Administrator. G. Irrigation. Underground irrigation shall be provided at 100% coverage for all landscaped areas within the Theme District. H. , Plant bed. Plant beds shall be mulched. I. Installation. 1. All landscaping shall be installed in a sound manner and according to accepted good planting procedures with the quality of plant materials as hereinafter described. 2. A qualified representative of the agency charged with the issuance of building permits shall inspect -all landscaping and no certificate of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided. J. Maintenance. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy„ neat and orderly appearance, and shall be kept free from refuse and debris. Maintenance shall include the replacement of all dead plant material. K. Plant Material. 1. Plant materials used in conformance with provisions of this chapter shall conform to the standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants: Part 1, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. 2. Trees shall be of a species having an average mature spread or grown of greater than fifteen (15) feet and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees of species whose roots are know to cause damage to public roadwayssuch h public woor other rks, unless lic works shall be planted not closer than twelve (12) p the tree root system is completely contained within a barrier for which the minimum interior container dimension shall be five (5) feet square and five (5) deep, and for which the construction requirements shall be four -inch thick concrete reinforced with No. 6 road mesh (6 by 6 by 6) or equivalent. & '021mlo 17 imouy 13. 1"S L. M. N. 3. Hedges, where required, shall be planted and maintained so as to form a continuos, unbroken, solid, visual screen within maximum of one year after time of planting. 4. Vines shall be a minimum of thirty (30) inches height immediately after planting and may be used in conduction with fencis, screens, or walls to meet physical barrier requirements as specified. 5. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearan and reasonably complete coverage within three (3) months after planting. . 6. Grass areas shall be planted in accordance with species recommended in the Unified Land Development Code. Grass areas must be sodded, including Swale areas. FJdsting plant material. Credit for quality trees preserved on a site shall be grante d toward meeting the tree requirements of any landscaping provision of this sectio . be on the basis of such factors as extraordinary size of e,vigoro shhealth, laaff rge canopy cover, history value, and age. No credit will *be anted for preserved trees which are extremely poor specimens or which are in dec ining health. Noncompliance. If the landscaping requirements of this chapter have not een met at the time that a certificate of occupancy could be granted and is reques d, the owner or his agent must post with the building department a bond of on hundred (100) percent covering the costs of materials, labor, and other costs in dental to the installation of the required landscaping. Sight Distance. No landscaping or structures adjacent to right-of-ways and points of access shall be so located as to create a traffic hazard by obstructing the line of sight. 33 ]Mmuy is, 199s LESTER JENNINGS ATTORNEY AT LAW 110 N.E. THIRD AVENUE • POST OFFICE BOX 237 OKEECHOBEE, FLORIDA 34973 PHONE (813) 467-2570 January 11, 1995 James E. Kirk, Mayor Michael G. O'Conner, Councilmember Dowling R. Watford, Councilmember Noel A. Chandler, Councilmember Robert Oliver, Councilmember City of Okeechobee 55 SE Third Avenue Okeechobee, Florida 34974 Dear Gentlemen, A matter occurred yesterday that I feel indic something is radically wrong with the admini: water system in the city of Okeechobee. Now, imposing any criticism to any one employee of rather to the policy of the city I assume is ordinance that dictates employee actions. I know each and every one of you on the city most of you have been long-time residents of me. I have my law office one block from the City Third Avenue. Several times in the past my i office has been cut off by city employees bel paying by the deadline for the monthly water three commodes in my building and one bathtul very little water. Yet, last month my total including various charges I do not understan, $97.61 to get my water reconnected yesterday bill is enclosed with each copy of this lett ates.that tration of our I am not the city, outlined in an council and Okeechobee like Hall at 110 NE rater to my :ause of not bill. There are and we use bill was $70.55 i. I had to pay A copy of my I have been sick since well before Christmas and out of town a great deal and I am still not up to par an I suddenly noticed around 1:00 p.m. yesterday that without notice my water had been cut off. I came here in 1959 and opened a law office law office open most of the time since then estate taxes and try to be a decent citizen help the city and county whenever I can. Lnd have had the Ind I pay real Ind attempt to January 11, 1995 Page 2 I hope the city does not treat everybody the me. I wonder if somebody in the city has a c me and, in my opinion, the city is acting wo3 sharks and very corrupt business people. Oti such as the electric company and the telephoi not nearly as ruthless as the city is about c bills and I feel insulted myself by the way 1 department has continuously taken every oppoi off my water and charge me excessive fees anc considering installing a well on my property city of Okeechobee and getting my water from realize we may end up in a lawsuit over the n sometimes I think this might be the best thin matter in to federal court and see if there i discrimination against me and other people ar court, I will subpoena the city records and f is treated the same way I am. I realize that included in the bill are char for debt service and $:-�.29 ..;or sewer. The apparently got us heavy in to aebt and, in m somebody had made some 7 radical mistakes alon even considering selling my office building moving out of the city. In my opinion, your similar to a Fascist type government. You a. people without respect and dignity and I thi. needs to be considered by the individual cou the staff of the city of Okeechobee. It is to a person when somebody cuts off their wat day late paying the bill. The city is eithe financial trouble and has to take coercive a its residents or else there is•a contempt fo generally. I do not know what the problem i feel less like a man if I did not criticize issue out of this matter. I would like to ask the Council for a time t next council meeting and put in my objection city has done to me and perhaps to others. I connection with this matter, city employees council members have been late in paying the whether they have been cut off from their wa Most people from Okeechobee consider themsel and most of them engage in some kind of devo sure the employees of the water department, and city employees consider themselves relig have a hard time realizing how they could be way they treat islike toward se than loan er utilities e company are ollecting water he city water tunity to cut charges. I am here in the a well and I atter but g to get this s d if I do go to ee if everybody es of $10.00 ity has opinion, the way. I am nd lots and policies are e treating k the matter cil members and eally an insult r for being a in serious tion against people but I would nd make an appear at the to what the onder if, in d perhaps bill and r. service. s Christians on and I am uncil members us people. I o inhuman to January 11, 1995 Page 3 people and still consider themselves good, slid Christian folk. At the council meeting, if I get on the sche ule, I will more fully express my criticism of the ordin nce under which the city employees cut off people's water in the manner in which they apparently do. At this time, I am not criticizing any one individual. I hope this is just an erroneous ordinance passed without adequate consideration. If I do get into court on this matter, I will be extremely interested to se if I am treated like everyone else or picked out for discriminatory treatment and if the city treats everybody like me, I think a radical change needs to be made in the ordinances and policies of the city. If I treated my clients the way the city treats me, I would not have any clients I am sending a copy of this letter to each council member, the mayor and to Mr. John Drago, City Admini trator. Enclosure c As noted 4 • LESTER JENNINGS 2053 PH. 813-467-2570 110 NE. 3RD AVE. OKEECHOBEE, FL 34972 PAY 9167/2631 TO THE ORDER 0 - 305 E. Inter8ank 0'*-hob North Park Street Okeechobee, FL 34972 N". FOR 33d- ln,5oe- �1:.---�-=AVe. 1"002053,10 1:263191,675I:010 161 1 200 13:1118 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd AVENUE a— REMIT TO THIS ADDRESS OKEECHOBEE. FL 34974 ADDRESS CORRECTION REQUESTED RETURN POSTAGE GUARANTEED 110 NE 3RD AVE OFF FIRST CLASS MAR U.S, POST16rf It paid on or after cut off date. add a penalty of 10%. It PAro not paid by culoff date. service will be discontinued and PERMIT a sorvics cnarge plus the total amount due will be charged before service is resumed. Additional fees will be charged for service porlormed after regular office PRESOFiTt': FIRST - CL;-' hours. TOTAL J110N 1 13. &E—_7-7 2 22.39 12/08/c>*- 4 20.00 SERVICE CODE 10-00 EXPLANATION I WATER 2. SEWER 4.86 3. GAF113AGE 4 MISCELLANEC-11--a 14/9 1 33 1) 0508 Oil 70. 'R/IE/94 1/ 1c1/95 TO INSURE PROPER CREDIT 112 11 83 NO FINAL NOTICE WILL BE SENT TO: C.. • •I CLOSE CONSTRUCTION General Contractor - State Lic. # GC C048773 P.O. BOX 2558, Okeechobee, FL 3 973 Phone: (813) 467-0831 - Fax 763-3231 January 17, 1995 TO: Mr. Drago, City of Okeechobee Administrator. SUBJ: Request to appear before the City Counci . Mr. Drago, I am requesting to be heard on the matter apartment complex in the City. There are certain que land usage and utilities. I, and a representative from Collins And 30 minutes to address these issues. F-a of building an stions related to , request 15 to If at all possible I would like to have the time on January 17, 1995. I realize this is extremely short notice on this date, but in order to begin this project as soon as possible it is very important. An alternate time would be the next mee0ng on February 7, 1995. Please contact me if today's meeting has time available Phone : Office 467-0831 Mobile 610-0387 : Home 467-8773 Fax 763-3231 Thank you for your consideration in this Chris Close 45: ' 3tter. TjrW �E1G0=0EOE00 !i6�00dSm� �p00�'��.pppp'pC �m��000�m M-m- wwmmw.=--w -- — �000a000��mso �seeeesm�s��.��. If I l' : 23 4~ .:: 87H . CT 2 87 Im • E-4 MEMORANDU TO: John Drago THRU: FROM: Wayne Jones DATE: January SUBJECT: Pav Please place on the February 7, 1995, City Cou Pay Request to G.B. French Construction Co. in $18,673.70 for installation of a Gravity Sewer S.W. 17th. Street. This total is $20,403.70 le withheld from pay request to cover the expense Thompson Pump & Manuf. for rental of a well Do. 30, 1995 Request cil Agenda a Final the amount of Installation at s $1,730.00 we incurred to nt system. APPLICATION FOR PAYMENT NO.: 1 Task Order Description Gravity Sewer Installation at S.W. 17th treet Task Omer No.: P•0. it-L City Contract No.: PU-01-1-02-94RB Name of Contractor: G.E. French Construction, Inc. Work Accomplished through the Dates: From: January 4, 1995 Task Order Start Date: 1/4/95 Task Order Completion Task Order Time: days January 23, 1995 1. 8" Sewer 350 40.0 14,000. 350 1 ,000. 350 1 14,000: 1, 2. Manhole 6-8' Deep 1 1,350.0 1,350. 1 1 ,350. 135. 1 135. 3. 6"x8" Wye 1 65 .135.00 18.0 135. 1,170. 65 ,170. 65 1,170 4. 6" PVC SDR 35 1 17-OC 17. 1 17. 1 17 5. 6" 45 Bend 1 4.5C 4.50 1 4.50 1 4.5 6. 6" Cap 7. Special Bedding 40 36-OC 1,440. 40 ,440. 40 1,440 8. Remove Unsuitable 60 6.012 360. 60 360. 60 360 Materials Tie-in and Convert Pump Station to M.H. 26.0 156. 6 156. 6 156 9. Foreman 6 Hrs. 6 Hrs• 18-OC 108. 6 108. 6 108 10. Labor 11. Pipelayer 6 Hrs. 23.7 142.2 6 142. 6 6 142. 111 12. Truck and Tools 6 Hrs. 18.5 111. 110. 6 2 111. 110. 2 110 13. Backhoe 2 Hrs• 55.0 14. Flat - Top Ring 225.0 225. L.S. 225. L.S. 225 and Cover L.S. L.S. 75.0 75. L.S. 75. L.S. 75 15. Cold Epoxy Ex. 16. Mobilization. L.S. 11000-00 11000. L.S. 11000. L•S. 11000 Total (Original Task Order) $ 20, 403.70 $ 20,403.70 s 20, 403.70 C.O. No. I C.O. No. 2 I of 2 APOLICATION FOR PAYMENT • APPLICATION FOR PAYMENT NO.: 1 Amount Earned S 20, 403 . PO $ 20, 403.70 Amount Retained $ .00 S .00 Previous Payments $ .00 Amount Due $ 20,403.70 $ 20,403.70 Estimate Percentage of Job Complete Percentage of Task Order Time Elapsed Contractor's Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payf City of Okeechobee Department of Public Utilities on account of Work do referred to above have been applied to discharge In full all obligations of CO connection with Work covered by prior Applications for Payment numbered 1 1 and (2) title to all materials and equipment Incorporated In said work or other by this Application for Payment will pass to the City of Okeechobee Departrr time of project completion free and clear of all liens, claims, security inter( (except such as covered by Bond acceptable to the City of Okeechobee Depar Dated January 24 , 19 95 G.E. French Construction, I#c. Contractor By: French, Payment of the above amount due for this application Is recommended. Dated .19 By: s received from the under the Contract IACTOR Incurred in igh 0 Inclusive; listed in or covered of Public Utilities at and encumbrances it of Public Utilities). Representadv0 2 of 2 APPLIOATION FOR PAYMENT • PURCHASE REQUISITION City of Okeechobee 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974 2932 813/763-3372 SHIP TO: r- 1 " 764 7 TO: / J � . INVOICE IN DUPLICATE: � -1 COO - 76 �- �.�i 3 � � � � - l3 7� 4c. f'l< <«.�_�C THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. I L._ PATE -s VENDOR NO. OEUVERY DATE SHIP VIA BEST WAY F.O.S. DESTMATION TERMS ITEM NO. ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUN / S/ q(O " 6,3 O O (�� n. !U i Cr e CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION NO.57-03-004146.54C FEDERAL I.D. NO.69-6000-393 A 107H R ED S 1 UrATURE RECEIVING RECORD PARTIAL 0 FINAL [9-- - E-5 Knepper& Willard, inc. Civil - Environmental Engrne,-�-rs January 25, 1995 Mr. John Drago, City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Re: NE 6th Ave, SE 7th St and Big Lake Bank Lift Stations K & W Project No. 7228-94 Dear Mr. Drago: Enclosed are four (4) copies of Application for Payment No. 2, in Thousand Four Hundred Eighty Four Dollars and Fifty Two Cents the amount of work completed to date as calculated from actual fi schedule of values submitted by CenState Contractors. Materials stc Verification of stored materials was by site inspection and invoice bac recommends approval for payment to the Contractor for the above rE If you have any questions, please do not hesitate to contact us. Very truly yours, K R & WIL D, INC. Daniel S. Willard, P.E. President/Principal Engineer cc: Chris Groo, CenState Contractors, Inc. Wayne Jones, City of Okeechobee 7228-wdc ';M N. <cclry Pcint':rive Nest Suite 185 "amrc, Florida 33607-59C5 the amount of Thirty Seven ($ 37,484.52). This represents !ld inspections and from the gyred on site are also charged. cup. Knepper & Willard, Inc. quested amount. -?neflcs 1313; 321-3291 FAIX ,813) 281-1156 lWilitILI V • :NU, APPLICATION V OR I'AY111;Nx N0. Two To CiLv of 0 chobee b']ori �lr'r,r.r'rtSt..ycl h�.iR.i••.►ny!e+� : Northeast Sixth Aver Lift".. NE-1 r + , Y (OWNER) Contract for Station SE-2 ' �'. SatsEh ast Seventh street Lift Big, ''Lake 1Vatioiial' bank'.LifE, S i,t�ott SE-b OWNER's Contract No. PU-07-00-07-94 � ENGINEER'S Project No. 21.5-92/722p-93/77227-9%1 For Work accomplished through the date of Jan,'20 1995` '_ ITEM SEE AZTACIIED $425 713.25 Total (Orig. Contract) C.O. No. I C.O. No. 2 ' ' CONTRACTOR's Schedule of Values " Unit Price QIndly Work Completed Amount • Quantity Accompanying Documentation: See attaclied Schedule of GROSS AMOUNT DUE „•,,,�•; Val, (wo na es) LESS 10 qo RETAINAGE .•,,..,.,, AMOUNT DUE TO DATE ................ LESS PREVIOUS PAYMENTS ... . AMOUNT DUE THIS APPLICATI N CONTRACTOR'S Certification: The undersigned CONTRAat: account or Work done under C CONTRACTOR Contract referred to f'aabo a ha a been p payments of CONTRACTOR incurred in connection with Work covered b applied to disc through 2 y prior Application ------ �. inclusive; (2) title to all Work, Materials and equ Work or otherwise listed in or covered by this Application for Paymnt will pass to O free and clear of all liens, claims, security interest and encumbrances (exctpt sucl acceptable to OWNER indemnifying OWNER against any such lien, claim, security and (3) all Work covered by this Application for Payment is in accordance with the Cc defecti"e as that term is defined in the Contract Documents. Dated January 23 i9 95 CenStatp By B. Scott Short (Authorized S Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ��rILlQ•- L� 19 f � /,', r e " /, / T EDIt31t� By --�; EJCDC No. 1910-8-E (1990 Edition) (Authorized S Prepared by the Engineers Joint Contnrct Documents Committee and endorsed by The Associated General SC - 8 Amount s , s $ 97 684.47 S s_ 87.9�6 0 s $ 5 ceived from OWNER on large in full all obligations for Payment numbered I men( incorporated in said tNER at time or payment as are covered by Bond merest or encumbrance); tract Documents and not ;nature) . 'n Z7 of America. O to to to I an N to 1� 0 v A S v ,A • 1 N N N z m a,-4 43 at N 10 JJ .1 i' '41 N K JJ O t•l V) H •O w�oo0 t-3 U JJ N Id • • 1., m fi, •O O 11 VI a O H -I rl d N J) j►, va 1 1,1i1 rg rj 'rl 0 at 4.1 : O N P, rA W (-/ W, to III) O art •IJ a pool PI H a t� •r 1 AE-1 0 •N •� a It P4 Pi 4-1 III N 14 ,-4 • 4 •rl VI JJ •r1 1.1 JJ U , a1 a V1 .X1 aao41 1A•r1. 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Fiji A r1 � U U 14 p. ;i •O ,r, O� O� I C"I 1n bi O•.•DOd, M 1-) . r-1 cV ,m•I U 1-3 O n 0- 0 O ',•1 Jl W - r-1 a ^ A O 14 14 .rl Ol O aJ a N1 JJ nU a JJ •v rl N ... ^ •rl • A O �:1 •� U a W a JJ •O on U •o N rid 1-I cV r� •a 4.) -9 w 41 a a 0 0 JI A 4-1111 0 41 0 a JJ 0 A O O O O A 1 .IJ a (d ro+ 'Tx �OU.. 1-1 J i x ram ovlv 4Joo •PP11 Prh0roV a a� a� N 1n NUU IAAU Sat 00Urd•Oraad a a a 0 l�+ �1 0Jl N 0 N l 0 ro5o0o wi.1 b ro OJ1V ,aNt ��a�� 'O •d q , ��y1 r///0yyyy► CryNn ///rybyyyl �� v w aI V 41 H � •1411 r J 0: •r•1 ,Y ,Y W ,Y •n P � l l(11 I ti 19 III It an d-1 O •, ON O a ,-•1 O U N O 1.) VI a 11 10 au n E.= 7 CHANGE ORDER No. 1 (Instructions on reverse side) PROJECT. Raw Water Pump Station Rehabilitation OWNER: (Name, City of Okeechobee Address) 55 SE Third Avenue Okeechobee, FL 34972 CONTRACTOR: Trio'Development Corp. 1701 NW 22nd Court 33069 Pompano Beach, FL CONTRACT FOR: DATE OF ISSUANCE: De 4 ember 5, 1994 OWNER's Project No. L4 ENGINEER: Reese, acon & Assoc. Inc. 9121 N. Military Trail, Ste 207 Palm Be ch Gardens, ENGINEER's Project No. - 9 3— t 7 6 - You are directed to make the following changes in the Contract Documents. Description: Adjust contract time. Purpose of Change Order: Increase contract time Attachments: (List documents supporting change) Trio Development letter of CHANGE IN CONTRACT PRICE: Original Contract Price $ 73,437.00 Previous Change Orders No. -- to No. $ 0 Contract Price prior to this Change Order $ 73,437.00 Net IaaroxtaAOCH23e) of this Change Order $ 0 Contract Price with all approved Change Orders $ 73,437.00 21, 1994 CHANGE IN CONTRACT TIME: Original Contract Time 120 Days (Substantial) lays or date Net change from previous Change Orders days Contract Time Prior to th s Change Order 120/140 (Substantial/Final) days or du. Net Increase Qde=easie) of this Change Order 40 Da s days Contract Time with all approved Change Orders 10/3/94 10 / 2 4 / 9 4 160 180 Da Final �yS�ustantial RECOMMENDED: APPROVED: rago Thomas C. ensen, P.E. John city AdmDnistrator by /2 - /I -14 by oweer Weer of Okeechobee Rees , con & Assoc. city EJCDC N 10-8-B (1983 Edition) -.a � . I.. Fneineers' IOtOt COOtraCt j�gCWnaO is Cnmmiltee and endorsed hu 7%e Atv.riau.l (:•.•^ Lawrence R. Shortz F2 b S contnetor Trio Development Inc. ,1 •l t^ji :� - -- ----�~ ~1701 N.W. 22nd Court DEVELOPMENT Pompano Beach, Florida 33069 CORPORATION Phone (305) 971-2288 Fax (305) 971-0030 December 21, 1994 Mr. Tom Jensen, PM - Reese, Macon & Associates 9121 Military Trail Suite 207 Palm Beach Gardens, F133410 Re: City Of Okeechobee Raw Water Pump Station Gentlemen: Reference your letter dated December 16, 1994 regarding change order o.1 for time extension to the above named project. As you know, the supplier for the new pump and repairs to the existing pumps was sole source namely, R.C. Beach & Associates. Their intent, at the time of contract I Lward, was to affect repairs and modification to the existing pumps at their facility in Tampa, Florida. Each pump was to be shipped direct to Tampa, repaired/ modified and returned direct a 'pment to the job site. Each of these operations was scheduled for approximately Forty Five days, After the installation of the newpump, the first of the existing pumpsw as removed We were then advised to ship, by common courier, to the Byron Jackson factory m plumew, Texas. Each pump required approximately Thirty Days longer than anticipated. We are enclosing ,with this letter, copies of several letters that authenti cate our efforts in concluding the project as timely as possible. The executed change order no.1, is enclosed herewith t altot O DEVELOPMENT CORPORATION BLW:mbu August 8, 1994 4 Mr. Tom Jenson Reese, Macon & Associates 9121 Military Trail Suite 207 Palm Beach Gardens, Fl 33410 RE: City Of Okeechobee Raw Water Pump Station Gentlemen: Reference our previous communications regarding completion time for the project. mentioned Phone (305) 971-2288 Fax (305) 971-0030 Attached hereto Is a xerox copy of R.C. Beach And Assoc. letter dated July 281994 detailing working dates for subject pumps. The first pump was shipped from the project site July 27, 1994 . Anticipated plainview, Texas is August 23, 1994. As you can see from the above, should the second pump follows this time pz contract completion date ( September 9, 1994 ) cannot be met. Please be advised that we are making every attempt to expedite this project, sole source supplier puts all of us at a disadvantage. This is to give constructive notice for time extension as quicidy as we can as you will be advised. 4.S!n&celL Walton TRIO DEVELOPMENT CORPORATION HLW:mbn date from m, our revised , dealing with a the impact, • ell DEVELOPMENT CORPORATION August 17, 1994 Mr. Tan Jenson Reese, Macon & Associates 9121 Military Trail Suite 207 Palm,Beach Gardens, FL 33410 RE: city Of Okeechobee Raw Water Pump Station Gentlemen: Reference our recent conversations regarding the purer stati mentioned project. Attached is a cony of our latest schedule for caimletion. are contingent upon the factory canpleting their portion prcmised. Our letter dated August 8, 1994, related the problems in continue to make every effort to expedite delivery. Your advised of any changes in schedule. S.nc�� y faro` d L. Walton_ TRIO DEVELOPMENT CORPORATION HLW:mbn 1701 N.W. 22nd Court Pompano Beach, Florida 33069 Phone (305) 971-2288 Fax (305) 971-0030 for the above e dates, thereon, the work as matter. 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Third Avenue Okeechobee, FL 34974 AT TN: Mr. John Drago RE: Water Treatment Plant Final Payment Dear Mr. Drago: Enclosed is a request from Butler Construction to issue groundwater plant. We agree with all of the facts stated regal there may be some validity to their point. However, some of this raises legal issues which should In particular, if item 3 is correct, then Windemueller may be I can legally take any action. Also, item 5 discusses an interest: accurate, holding the monies further may serve to draw the C: than to ensure it does not become involved. Please ask Mr. Cook to revisit our position on this and receive a formal, final pay request. Thanks. Very ti William wdr-011\92-158 1995 / payment on the status and believe reviewed by Mr. Cook. t the point where they perspective. If more into this matter if you would like to /"e¢s-a-' D. Reese, P.E. 9121 N. Military Trail • Suite 207 • Palm Beach Ph. (407) 625-6660 FAX (407) , Florida 33410 63�31 JAN-23-a5 t40N 14.55 B0ER CONST P. 01 BUTLER CONSTRUCTION COMP. GENERAL CONTRACTORS P.O. Box 2038 4807 GEORGIA AVENUE WEST PALM BEACH. FLORIDA 33402 PLEASE REPLY TO: ItOCKLEDGE OFFICE ianunly 22, 1995 Reese, Macon & Associates, Inc. 9121 N. Military Trail, Suite 207 Palm Beach Gardens, Florida 33410 Attu; William D, Reese, P.E. r�. Re: Okeechobee Groundwater Treatment Plant Phase I Release of Retainage Dear Bill: The purpose of this letter is to request that you re -visit the issue of the withheld from Butler Construction on the above referenced Contract. N retaining this money provides the City with a feeling of security we feel it' to pay Butler 100% of the balance remaining on the Contract. We feel this the following reasons: 1) The project has been formally complete for approximately si) of our knowledge, there are just three (3) very minor wa paint, ground storage tank high level alarm, ammonia prole of these are negatively impacting the functioning of the ply 2.) We have made every effort to resolve the outstanding Electric, Inc. It is our firnn opinion that they are attemptir by not responding or negodating in an attempt to force us tc demands. To continue to hold this Contract open rewards 3) Last week we again checked with the Clerk of the Court's of had initiated airy hen action against the City. According to l not. Is it not a reasonable assumption that, if they had a v already begun proceedings to force the turnover of that it 4.) As requested, we provided an affidavit with the final inv( City"s instructions. According to the City's own counsel, th liability or any risk they might pay a sum greater than the 5.) Contrary to their desire to avoid any chance of liability, I inserted themselves into a conflict between a Contract Further, the Subcontractor is aware that they are not $30,000 in undisputed retainage simply because the City the past demonstrations of the Subcontractor's behavior inconceivable to us that the Subcontractor might seek to 1 P.O, Box 560398 210 HARDEE LANE ROCKLEDGE, FLORIDA 32956-0398 PRONE: (407) 632-6234 FAX s On 632-6331 remaining monies being 'bile we understand that appropriate at this time request makes sense for (6) months. To the best ranty issues (filter vessel ems) outstanding. None .ssues with NVmdemuller to prevail in our dispute 11 arbitrarily accede to their heir unreasonable tactics. Ice to see if Windemuller ire. Susan Clark they had Ad case, they would have ice in accordance with the s absolved the City of any total Contract amount. re believe that the City has x and his Subcontractor. being paid approximately u s not paid Butler. Ghren and logic patterns, it is not avolve the City in any legal _ __ -------------- 63263: JAN-23-95 MON 1'4:53 BUTLER CONS Mr. William D. Reese, P.E. Januxy 18, 1995 Page Two action that may arise from this case. 6.) Butler desires greatly to receive the balance of our money to other matters. We can't help but feel that the City must fe, it is in both our interests to close out all matters related to t i-------------------P. 02------- kd redirect our attention the same way. We feel a Contract. For aIt of the above reasons we respectfully request that you forward this req est to the City with your m=vnendafion that it be granted. If you have any questions, or wish to discuss this matter further, please do not hesitate to contact the undersigned. Sincerely, BUTLER CONSTRUCTION CONLpANy, INC. 7effrey L. Gibson for Butler Construction Company, Inc. cc: Kevin F. Butler, BO-WPB 0 Board of County Commissioners Okeechobee County January 27, 1995 E - Yo ,.... .., `�'S AIL Charles Morgan, P.E. District Environmental Management Engineer Florida Department of Transportation 801 11. Broadway P. O. Box 1249 Bartow, FL 33831-1249 RE: S.R. 70 between NW 7th Avenue and Eagle Okeechobee County, Florida Dear Mr. Morgan: 304 N.W. 2nd Street, to )KEECHOBEE, FLORIDA k2 (813) 763-6441 Fax # 763-9529 Drive This letter shall serve to advise that the Okeechobee Board of County Commissioners, meeting in regular session on January 26, 1995, found the FDOT-preferred alignment of the above -referenced roadway improvement project to be consistent, and in compliance, with the adopted Okeechobee County Comprehensive Plan. The Board further resolved to support. the 5-lane configuration within the unincorporated area, one-way pairs within the city limits, signalization at the intersection of SR 70/9th Avenue and extension of the project area to a point west of the intersection of SR 70/Eagle Bay Drive. Please incorporate the Board's position(s) in he official record of the public hearing on this matter. Sincerely, George A. Long County Administrator CC: BOCC B. Royce City of Okeechobee Susan B. Hughes Gene Woods Clif Betts, Jr. John W. Abney, Sr. District les W. Harvey ict County Administrator George A. g District I District 2 District 3 District 4 RESOLUTION NO.95- 7 A RESOLUTION OF THE BOARD OF COUNTY COMM OK.EECHOBEE COUNTY, FLORIDA, RECOMMEND1 FLORIDA DEPARTMENT OF TRANSPORTATION PREI'ERRED ALTERNATIVE THE ONE-WAY PAIR OP IMPROVEMENT OF STATE ROAD 70 WEST; RECOGNL CITY OF OKEECHOBEE ALSO RECOMMENDED ADC ONE-WAY PAIR ALTERNATIVE; OBSERVING THAT TRADITIONAL CHARACTERISTICS OF A COMMUNM PRECEDENCE OVER ECONOMIC CONSIDERATIONS WHEREAS, the Board of County Commissioners received Department of Transportation as to the Department's preferred al of State Road 70 West; and WHEREAS, a significant portion of the proposed impri within the incorporated limits of the City of Okeechobee; and WHEREAS, the City of Okeechobee on December 14, support the preferred alternative of the Florida Department of endorsed alternative No. 1, which provides for one-way streets i and WHEREAS, the Board bf County Commissioners alternative presented by the Florida Department of Transport existing commercial properties and severely decrease the pro occurring along said route; and WHEREAS, the one-way pair alternative will better character of the downtown business district. NOW THEREFORE BE IT RESOLVED by the Board of Okeechobee County, Florida as follows: 1. That the preferred alternative submitted by the Transportation is acceptable to the County only as it pertains of the County, provided there is the inclusion of a traffic sigi the extension of the project to a point westward of Eagle Bay 2. That the County adopts the recommendation of tl alternative No. 2 be considered and accepted as the Florida De preferred alternative. RESOLVED this 26th day of January, 1995. A ITBST: AIA J. FORD, C RK OF COURT I [SSIONERS, OF 1G THAT THE DOPT AS ITS ION FOR THE ING THAT THE PTION OF THE MAINTAINING SHOULD TAKE -Int from the Florida Me for iniprovement nts would be made 994, determined not to insportation and instead lizing South Park Street; ;ves that the preferred will unnecessarily impact �tv of viable development to preserve the existing my Commissioners of Florida Department of r the unincorpdrated area l at N.W. 9th Avenue and )rive. City of Okeechobee that ,rtment of Transportation's 0 COUNTY, FLORIDA f 7000.12617