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2019-06-20 ±,c'°F�°kFF�y_ CITY OF OKEECHOBEE PLANNING BOARD 213 O • w -gy; CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 = SUMMARY OF BOARD DISCUSSION FOR JUNE 20, 2019 a0� PAGE 1 OF 7 AGENDA DISCUSSION I. CALL TO ORDER—Chairperson. Regular Meeting, June 20, 2019, 6:00 P.M. In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called the June 20, 2019 meeting to order at 6:04 p.m. and instructed those present to appoint a Chairperson Pro-Tempore to preside over the meeting. By consensus of the Board, Member Brass was appointed. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. The Pledge of Allegiance was led by Chairperson Pro-Tempore Brass. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE— Secretary. Board Secretary Burnette called the roll: Chairperson Dawn Hoover Absent(with consent) Vice Chairperson Doug McCoy Absent Board Member Phil Baughman Present Board Member Karyne Brass Present Board Member Rick Chartier Absent (with consent) Board Member Mac Jonassaint Present Board Member Les McCreary Present Alternate Board Member Felix Granados Absent(with consent) Alternate Board Member Jim Shaw Present(moved to voting position) Board Attorney John R. Cook Absent(with consent) City Planning Consultant Ben Smith Present Administrator Marcos Montes De Oca Absent(with consent) Board Secretary Patty Burnette Present IV.AGENDA—Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda Chairperson Pro-Tem Brass asked whether there were any requests for the addition, deferral, or withdrawal of items by Staff, Board Members or the Public. on today's agenda. There being none the agenda stands as published. V. MINUTES—Secretary. A. Motion to dispense with the reading and approve the Summary of Board Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the April 18, Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop. 2019, regular meeting and May 16, 2019 Workshop;seconded by Member McCreary. There was no discussion on this item. 214 JUNE 20,2019-PLANNING BOARD-PAGE 2 OF 7 AGENDA DISCUSSION V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Board VOTE Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop HOOVER-ABSENT MCCOY-ABSENT BAUGHMAN-YEA BRASS-YEA CHARTIER-ABSENT continued. JONASSAINT-YEA MCCREARY-YEA GRANADOS-ABSENT SHAW-YEA MOTION CARRIED. VI. UNFINISHED BUSINESS—Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Secretary Burnette read into the record Form 8B Memorandum of Voting Conflict for County, Municipal, and other Officers related to Rezoning Petition No. 19-003-R on April 18, 2019. Local Public Officers related to Rezoning Petition No. 19-003-R which was received on April 18, 2019, and filed by Alternate Board Member Rick Chartier, address 2017 Southwest 67th Drive, Okeechobee Florida, and made a part of the official record filed in the permanent Minute File for this meeting. VII. OPEN PUBLIC HEARING—Chairperson. CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:08 P.M. A. Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast portion of Southeast 4th Street from Southeast 10th Avenue westward to 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet). deadend (approximately 40-feet by 373.5-feet) (Exhibit 1). 1. Review TRC Recommendation —approval with special conditions. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Mr. Smith explained the Applicant, Louis D'Onofrio, is requesting to abandon the east-west 373.5-foot long, 40-foot wide unimproved right-of-way of Southeast 4th Street between Southeast 10th Avenue and a canal. The Applicant owns all of the contiguous properties which encompass Lot 12 of Block E, Lot 1 of Block F, and Lot 1 of Block 4. The Petition was reviewed at the May 16, 2019, Technical Review Committee Meeting, a recommendation was made for approval with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, to facilitate maintenance to the canal, Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. Member Brass relayed her concern as to whose responsibility it would be for maintaining the proposed Public Works easement and assurance that nothing would be blocking accessibility to the easement. Mr. Smith replied it would be the Applicant's responsibility for maintenance and that structures could not be built in the easement. JUNE 20,2019-PLANNING BOARD-PAGE 3 OF 7 215 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. A. 2. Hear from the Property Owner or Designee/Agent- Mr. Louis D'Onofrio. Chairperson Pro-Tern Brass asked whether the property owner or designee/agent wished to speak. Mr. Louis D'Onofrio, was in attendance and available for questions. Member Shaw inquired as to what the Applicant's intended use would be for the property should the abandonment be approved. Mr. D'Onofrio responded he wished to finish making repairs to the residence, add a small driveway and just generally clean up the property so that he could reside there. 3. Public comments or questions from those in attendance, or submitted to Chairperson Pro-Tern Brass asked whether there were any comments or questions from those in attendance. There the Board Secretary. were none. The Petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 25 surrounding property owners. 4. Disclosure of Ex-Parte Communications by the Board. Chairperson Pro-Tern Brass asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. 5. a) Consider a recommendation to the City Council to approve or deny Motion and a second offered by Members Baughman and Jonassaint to recommend approval to the City Council for Petition No. 19-002-SC. Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet) with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, Wright's 3rd Addition to Okeechobee, Plat Book 1, Page 9, Public Records of Okeechobee County, Florida, to facilitate maintenance to the canal. b) Board discussion. Chairperson Pro-Tern Brass asked whether there was any further discussion. There was none. c)Vote on motion. VOTE HOOVER—ABSENT MCCOY—ABSENT BAUGHMAN—YEA BRASS—NAY CHARTIER—ABSENT JONASSAINT—YEA MCCREARY—YEA GRANADOS—ABSENT SHAW—YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. B. Consider LDR Text Amendment Application No. 19-001-TA, amending The following proposed Land Development Regulations (LDR's) Text Amendments, provided through Application Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; No. 19-001-TA, amends Code Book Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; and an application and proposed fee for Parking Reduction Requests (Exhibit Appendices A, B, and C, which stem from a Workshop held on May 16, 2019. Refer to those minutes for additional 2). discussion regarding each of the areas discussed. 1. Presented by Planning Staff. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Exhibit 2 contained a copy of two memorandums dated June 12, 2019, one with the subject titled "LDC Revisions-Retail Service, Personal Service, Pawnshops and Bars", (one page) and the other subject titled 216 JUNE 20,2019-PLANNING BOARD-PAGE 4 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. B. 1. Presented by Planning Staff for Application No. 19-001-TA continued. "Appendix Revisions-Parking Reduction Petition" (one page). The memorandums provided background and purpose of each proposed amendment. The Exhibit also contained a copy of the text amendment in a draft ordinance, (eight pages) as well as a draft resolution (three pages) which provided the exact language to be added or deleted to each section of the code. 2. Public comments or questions from those in attendance, or submitted to Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There the Board Secretary. were none. 3. Disclosure of Ex-Parte Communications by the Board. Chairperson Pro-Tern Brass asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. None were offered. 4. a) Consider a recommendation to the City Council to approve or deny Motion and second was offered by Members McCreary and Jonassaint to find LDR Text Amendment Application No. Application No. 19-001-TA. 19-001-TA consistent with the Comprehensive Plan, and recommend to the City Council approval of the following sections as presented: Add definition for "pawnshop" to Section 66-1, Definitions, to read as follows: Pawnshop means an establishment where items may be bought outright or left as collateral in order to borrow money; and which those same items may be sold. Amend Section 66-1, Definitions, Service, personal, by deleting the word "pawnshop"from the list. Amend Section 66-1, Definitions, Service, retail by deleting the words "restaurant, take-out restaurant, café, pawnshop"and the wording "as well as a bar or tavern for on premise consumption of alcoholic beverages" Amend Sections 90-282, 90-342, and 90-402, by adding "pawnshop" to the list of permitted uses in the Heavy Commercial (CHV), Industrial (IND), and Mixed-Use Planned Unit Development(PUD-M) Districts. Amend Sections 90-223, 90-253 and 90-313, by adding "pawnshop" to the list of special exception uses in the Commercial Professional and Office (CPO), Light Commercial (CLT), and Central Business District (CBD) Zoning Districts. Amend Sections 90-312, 90-342, and 90-402, by adding "bar" to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Sections 90-312, 90-342, and 90-402, by adding "restaurant, take-out restaurant and café" to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Appendices A, B, and C to include submittal requirements and processing standards for applications for JUNE 20,2019-PLANNING BOARD-PAGE 5 OF 7 217 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. B. 4. a) Consider a recommendation to the City Council to approve or deny parking reduction petitions, as well as an application form; standards for parking study submittals; and adding a fee. Application No. 19-001-TA continued. b) Board discussion. Chairperson Pro-Tern Brass asked whether there was any further discussion. There was none. c)Vote on motion. VOTE HOOVER—ABSENT MCCOY—ABSENT BAUGHMAN—YEA BRASS—YEA CHARTIER—ABSENT JONASSAINT—YEA MCCREARY—YEA GRANADOS—ABSENT SHAW—YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. CLOSE PUBLIC HEARING—Chairperson. 1 CHAIRPERSON PRO-TEM BRASS CLOSED THE PUBLIC HEARING AT 6:26 P.M. VIII. RECESS REGULAR MEETING AND CONVENE WORKSHOP— Chairperson. CHAIRPERSON PRO-TEM BRASS RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP SESSION AT 6:26 P.M. A. Planning Staff Report Topics (Exhibit 3), 1.Restaurant parking requirements. Mr. Smith explained this topic was previously discussed at the May 16, 2019 Workshop meeting and the consensus of the Board was they requested some examples as they wanted to make sure this proposal would not present higher requirements for businesses than what they are held to currently. He explained he still has further research to do and will bring the item back for discussion at the next workshop meeting. 2.Minimum square footage for single family dwellings. Mr. Smith reviewed his Staff Report dated June 12, 2019, explaining the City's current standard according to Section 90-169 of the LDR's is, any single-family dwelling located in a Residential Single Family-One; Residential Single Family-Two; Residential Multiple Family; or Residential Mobile Home, zoning district shall comply with the following appearance and design standards: Minimum floor area. The minimum floor area shall be 800-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site. Mr. Smith further commented that should the Board recommend increasing the single family dwelling minimum unit size, it may be appropriate to consider providing a specific standard for each zoning district where single family dwellings are a permitted use. This would allow for zoning districts with smaller lot sizes to continue to accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by 218 JUNE 20,2019-PLANNING BOARD-PAGE 6 OF 7 AGENDA DISCUSSION VIII. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 2. Minimum square footage for single family dwellings continued. this proposed revision. Lastly, he explained to the Board while reviewing the existing LDR's, he discovered several sections that were not organized correctly. The RMH zoning district actually includes several sections, (90-167 through 90-172), which seem to be intended to apply to multiple zoning districts. He suggests either creating a new division in the LDR's to move these sections to or move them to the section that is entitled Supplementary District Regulations. Discussion among the Board Members touched on if the minimum floor area requirement includes the area of an attached garage, would that then mean the garage could be actually bigger than the single family dwelling and also what does a single integrated roof system mean. Mr. Smith commented he would need to research the Florida Building Code to see if there is a minimum requirement for a single family dwelling as it seems like the actual dwelling should be larger than the attached garage. He explained a single integrated roof system would mean sharing the same single roofing structure. Consensus of the Board was to allow the Planner time to research the Florida Building Code to determine if there are square footage requirements for the actual dwelling and they liked his recommendation of moving Sections 90-167 through 90-172 to a different section of the LDR's instead of just being included in the RMH zoning district. 3.Mobile food vendors. Mr. Smith reviewed his Staff Report dated June 12, 2019 explaining he was directed to address the issue of mobile food vendors also known as food trucks as they are not specifically addressed in the City's LDR's. Currently in Section 14-121 of the City's LDR's it states, sales of merchandise on City-owned or leased properties, or on City road rights-of-way lying within the City, is prohibited. Additionally, mobile food vending is not specifically allowed in any of the City's zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the allowable exemption for special events provided in Section 14-141 of the LDR's, it is staff's opinion that mobile food vending is effectively prohibited within the City. In order to provide the Board with a full understanding of the potential benefits and the potential problems associated with mobile food vending, he has provided two articles, Planning for Food Trucks(two pages)and Eating on the Go: Mobile Food Trucks(five pages),which provide a thorough description of the issues involved. In addition he has also provided code regulations from Okeechobee County, Fort Myers and the City of Melbourne, which demonstrate several alternative approaches to regulating mobile food vending. He offered four different options for the Board to discuss: take no action and continue to rely on the existing LDR's; strengthen the existing LDR's to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the existing exemption for special events; allow for additional opportunities for mobile food vending on private property in certain situations; or allow for additional opportunities for mobile food vending on public property in certain situations. Discussion among the Board Members touched on the consensus that mobile food vending was currently prohibited. They discussed several pros and cons of permitting mobile food vendors/trucks within the City limits. Impact on small businesses, concerns with monitoring health issues, these businesses not paying property taxes, and special events JUNE 20,2019-PLANNING BOARD-PAGE 7 OF 7 219 AGENDA DISCUSSION VIII. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 3. Mobile food vendors continued. for nonprofit organizations. If they were allowed, then maybe they should be permitted by special exception, so specifics could be included to address parking, bathrooms, if they would be permitted to have seating, hours of operation, how many vendors would be allowed to have a permit for operating, in which zoning districts they would be permitted and should health inspections be conducted. Member Brass commented that having a mobile food truck is sometimes how a company starts out before opening a restaurant. She also offered, given the City is only a little over four square miles, and several food trucks are located in close proximity to the City, folks do not need to travel far to find one. Member Jonassaint mentioned maybe establishing a place in the City where trucks could come once a week and set up. Discussion ensued as to where that possible location could be. They had no locations to offer. Consensus of the Board was to take no action on this topic and continue to rely on the existing LDR's. RECESS WORKSHOP AND RECONVENE REGULAR MEETING. CHAIRPERSON PRO-TEM BRASS ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 7:15 P.M. IX. ADJOURNMENT—Chairperson. There being no further items on the agenda, Chairperson Pro-Tem Brass adjourned the meeting at 7:15 p.m. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based.General Services'media are for the sole purpose of backup for official records. Karyne Brass, Chairperson Pro-Tempore ATTEST: Nit Patty M. Burnette, Secretary City of Okeechobee Planning Board Meeting and Workshop City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes June 20, 2019 I. Call To Order - Chairperson: Chair Hoover called the June 20, 2019, Regular Meeting to order at II. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson, Board Member Staff Attendance - Secretary. :00- • - — p.m. Page 1 of IV. Agenda -Chairperson. A. Chair : asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. V. Minutes - Secretary. A. Board Member 'r' " 4 ff 1I moved to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019porkshop; seconded by Board Member nr is( Discussion: PRESENT ABSENT (W OR WIO CONSENT) Chairperson Hoover Chakr t uses r! .� kr mrd Pleff+L er appouif ✓`'�COncei / Vice Chairperson McCoy Klember 13 rces Os Ct t,iry`r- ti/oyo con5N, Board Member Baughman Prime f ��r�c'f Board Member Brass (0 haur Pry- Terrpo✓e) Board Member Chartier ✓ I,.:1 C011Serk- Board Member Jonassaint Board Member McCreary \ Alternate Board Member Granados ✓c) frO'cPf' Alternate Board Member Shaw (M0ved fo whirl Pt ,/ Planning Consultant Smith Board Attorney Cook ✓.0001'-'1;4 Board Secretary Burnette 1 IV. Agenda -Chairperson. A. Chair : asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. V. Minutes - Secretary. A. Board Member 'r' " 4 ff 1I moved to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019porkshop; seconded by Board Member nr is( Discussion: Page 2 of Uv VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER V/ ✓ McCOY BAUGHMAN BRASS CHARTIER vi JONASSAINT `-' McCREARY GRANADOS SHAW V" RFSLJI TS• CARR IFfd DFNIFfl VI. Unfinished Business - Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Rezoning Petition No. 19-003-R on April 18, 2019. See rely it,rne -e. reed ` -fir i reg r� BM c -h inh r -P cora_ To= Iempt r?_ VII. CHAIR La(O` OPENED THE PUBLIC HEARING AT 6'.OB P.M. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC, to vacate a portion of Southeast 4`h Street from Southeast 10th Avenue westward to deadend (approximately 40 -feet by 373.5 -feet) (Exhibit 1) 1 . Review TRC Recommendation -approval with special conditions. I�P�1 r,��r L.,. re vLewea 1L.I-_� h?, �Pr'om;r s�� 5Qca flirt -Burne-He �eac_ t re (+0 r r �,,� s ��eUnd1hni! a tea) �� bye. C►t� �+dc f't � -� . Sl i 2e reeommt.+kcted ppr (lo(3.1-� `�cd�e o -F Lot f L PVV A m -f 0 , F (P9 U i rc ®r1 f31ock. €• nd n� c f FLA 1))0,0 1,0i l I f 116- CCU�'C 0f 4-i�r��'`� LLSG . �, of elit,� 1��-fie ��' ri' �S'3y , t'rt re _ l n�u � re O of 4 036 6 br rc r s - (WKS ,+a I�'13 �J ois ba" South of e BOLO �� )(Inne r gyres p elect-1; Ic`rc}i° r�P� pP Co:r�� r C 'd r� r hts in: :116"- r nerd rt'°L} hail)— In�u_t re © �� ,k �11-ttf , t eloe_sn 4- O rrr of 1,1 PaAt2 a�sr rv,-J VII. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee/agent - Mr. Louis D'Onofrio. What-- he is 304 ---®(.0 P'-Dpr ,L abanoionnel- is Ctpp rove d_- :in\sh-1-14(r9 eierrP rc' (It Q few, Ja ►fier. Ft- Ser ra t (Cm/ebony( tga 4 --he 'Propethi hearse r 010 R Page3of IC0 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. Se e re -f uni read, t n-€ o hL recurcL 9,5 sea rot"rc_e..s mai Ie cC 1 s1 h pos-Ieco, con pro pe r-/ ' cfd Cr) loco ! p&V np es pons -e was reed_ - art QJ tJof T1-- SR). Page4of VII. PUBLIC HEARING ITEM CONTINUED. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny petition with/without special conditions. Motion and a second offered by�C?rnand Anil �'�'�'i o recommend approval/denial to the City Council for Abandonment of Right -of -Way Petiti0h No. 19 -002 -SC, to vacate a portion of Southeast 4'h Street from Southeast 10'h Avenue westward to deadend (approximately 40 -feet by 373.5 -feet) with/without the following special conditions: Rt7 e Ioe ry12,(14 of I) 1-4 recta r e_ •./4.. o n no o s i Gk o L0-1- 12 13tock. ,.. --Lu Sure {Awe IS proper a ccesstkeh( a (rneS Page5of VII. PUBLIC HEARING ITEM CONTINUED. b) Board discussion. VI one f- "" c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER L% McCOY BAUGHMAN BRASS % CHARTIER i%/ JONASSAINT McCREARY \ GRANADOS / SHAW V �— RFSIJI TS• 1 CARRIFD) DFNIFD W fol 'lam t r or of (eop► rr tt rdatto4 The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively August 6, 2019, 6 pm. B. Consider Text Amendment Application No. 19 -001 -TA, amending Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; an application and proposed fee r Parking Reduction Requests (Exhibit 2). 1. Presented by Planning Staff. rev►eioeei i i r- 0i1 44aE'_ L+efl Olaf were pre,0611 c�+ 4 reekuc1G bar Pans kr) p Page6of If° VII. PUBLIC HEARING ITEM CONTINUED. VII. PUBLIC HEARING ITEM CONTINUED. Page 7 of I {o Page 8 of _IA VII. PUBLIC HEARING ITEM CONTINUED. Page9of 1lO VII. PUBLIC HEARING ITEM CONTINUED. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. donc, 3. Disclosure of Ex -Parte Communications by the Board. Page 10 of VII. PUBLIC HEARING ITEM CONTINUED. 4. a) Consider a recommendation to the City Council to approve or deny petition. Motion and a second offered by 1' and to recommend approval/denial to the City Council for Text Amendment Application No. 19 -001 -TA, amending Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; an application and proposed fee fro,Parking Reduction Requests ct6 bratroket ref -Pe -Is b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER V McCOY BAUGHMAN BRASS CHARTIER v.-' JONASSAINT McCREARY GRANADOS SHAW RFSUI TS• I CA DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively August 6, 2019, 6 pm. Pro;, -"re m pore,. Page 11 of / �o CHAIR tritISS CLOSED THE PUBLIC HEARING AT oZ P.M. WO- fen' VIII. CHAIR eira SS CALLED FOR A RECESS OF THE REGULAR MEETING AT CHAIR RECONVENED THE SESSION, OPENING THE WORKSHOP AT 6:. Qi L (o ..o71{ P.M. A. Planning Staff Report topics (Exhibit 3). 1. Parking requirements. PI ewer r s no+ -F=t n n she ct Lem . t, )W 10'1;1 % rev Pact -le trio; - maxi 1tvoP)ryr<s ap. P.M. aft( ire3-P rCn►`�J n�� w��-Sh�P• Bawl Reg LLD -le d VIII. WORKSHOP ITEM CONTINUED. 2. Minimum square footage for single family dwellings. (-I UM flf SOO SC( 44 rr r -rof r\A n nict_vvk 0 or axecc fey_ u (Mid' i+ 6-1-00-e 5 4 to tS riCiuctiLS LU rar. a_ttzicifit ,ae-ale. zo otoesolo4 +D b9 b AN) stt, 4-frIA atio c , Page 12 of I& needs i be looKpd (L- he Cu -ea hoos-e nee 451,s 3 a a/It 400 se -4- 2, Corsiel-Ac:; : 6bara wow a (.0.4_ nrits, in -r Oil i'A Obi)/ t us.c,41 a A tOofteerri, • P(at-InerJJ1-0oR C d (--6.LE cr,c) e ark I OfOrw, a:NA (440121e ao--ci be' a Vero /. ire INV -) r etrx Page 13 of l(p VIII. WORKSHOP ITEM CONTINUED. cc -1 -ca{ -int Sf ti needs ia a Is elvdc. ste, Pkt-- 6oatrreloto-hovL 04- rauarr3 4,1-$ cytreale anct s a_ ce co)on 1,t)leviA 1-1- Was Lortfien tatti Th t (Soard 6isoQ d4 -ht re etnAtivip artal-ovi_ of ( hCitta err 0,U_ki)at oofed -010- Pic/Ann/is s-krtf te ,Ai-4-1-brefl .1-k, Code tocktvi. LI -419 rDts.4-rtH- a_scuppws b4 1164 crc.i -k-o 6f 1-1 a,k,A .pnovIre_ hoixt-s reioduittiz . VIII. WORKSHOP ITEM CONTINUED. Page 14 of Hp 3. Mobile food vendors. op t r7 t�`� i�l.r� ~ is of e Ydh;��;�1.�� Current -it( n Uu.r' Code- cu -(bo' vtorlokes Diseussred Pres (`c=r)::; pe Jct. lh � See UK. COrlef .'tj L,A_f �,, �,.,r r (veal bust asp pg . . ria Loc - -1 4-o cus d % a- atun& Inc tL C Spey O4 e p- ya art ,u. (C. rC c i we, rr 4.yu,t. c i� S ba -`151 a-` e (b1-1'.( �- n,, terra A -1-0661,_41X- �,u,seS 1(f t t �� LES— - ( Indc,� DP S O. byQr6L E O ICCI ! trt CSF � (1 CG✓�L'��L`S e�� (Clod 04. f-ia)" VIII. WORKSHOP ITEM CONTINUED. (r� Page 15 of / Co u� VA, cif- tf'0r1 �,QiGi (,k.),eP tveodid a t f D u‘_) 4-k2/' ) fD alati h e ci v.; ' jr et, 0 fa( r ir, tom.p (--- On SK fActc— r1�c5 i c� a_. 1 ( r r - CI /cr o gid' Se VQ ru..� 1 7-) CL�sC �� ( r re a cf.( .� � �"��s a S �e a �,� �� A -^r r.�. +1.)�r n�� b2 cause_ �� ='- � r�sr ei r� e eu. L. �i e C n L� O Cu 'h t51st4' .z�-- s � Qb0u:f Cou ? s `.Kt elf • ci"# -iv I KS r e Ct ' J Icy kCuu Ow rex' f- Se a/2!Ct-+' /With e o -F r t o �' U (A &cf. n©rv2.�. a),:it c l.�v✓r-�s�.� Q�..r,� Po-tep do.✓1 CaCC -=-V' iI D /1501 S ►► c., OH it; (11414 Vice., aefi-n `( Page 16 of VIII. WORKSHOP ITEM CONTINUED. Po- e(Y1 AT P.M. CHAIR ilatt ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR SESSION. IX. ADJOURN - Chairperson. CHAIR ADJOURNED THE REGULAR MEETING AT P.M. 1DEPENDE NEWSMEDIA INC. US STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a I� in the matter of Ilk Z_(' 1, rVi in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of I)--)t�9 Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of 0 u -it _L 1 1 AD Notary Public, State of Florida at Large / ��✓1 AU 01161 OOVA ANGIE BRIDGES MY COMMISSION 0 FF 976149 EXPIRES: April 20, 2020 Bonded Thru Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite,D, Okeechobee, Florida 34974' 863;L763 3134,..,° CITY Of OKEECHOBEE PUBLIC NOTICE CITY PLANNING BOARD MEETING ANDWORKSTIOP NOTICE IS HEREBY GIVEN that the QGtyy of Obaechcbee Flaming Board (PB) we undid a regular meetng and wo(Idap on lbw, hm. 20, 2019, 6 PM, or as soon thernalter as at(y)-5, 55 SE 3(d Ave, Rm 200, qeechcbee, FL As the Lod Plamrig Aga cy, the !luring Board nHy cur stiar cfferfig a remrmerdation onay anerctnats to the arrant Land Ceuelopmert Regrkt o s Cry Staff, Board Mentes, cr Maim The pupae cf the Wald .p is to domes and o0Eiia amandnants to the Land Deciopme t Regulations In the areas of: ra'tauarnt parking re(pue- spuare footage for single family dam, and nroble food The pubic 5 Imbed and a nmraaaed to attend. The agaxia maybe °Wired frau dyofolaedabemm or b/ ming the General Services Circe, 83-763- svt>6820. ANY PERSON DECIDING TO APPEAL any decision rade by the FB with reed to any natter mrsidaed at Ohs meeting IA rid to earn a verb} ttn remd of the proceedng 5 made and the rand t txics the testimony Are endurewhich the appealvbe In a n� Americans wA7 (ADA), any tsby the ADA, lhat reeds special acmnrabon5 participate intte tom, contact the General Sallo?5 cS6e no biter than bin txa>e$ drys prior N pror2afr9, 83-73-.sit/G BE ADVISED that should you Intend to show any doaanet, picture, video orterns latheFBhsupportaoppa3bntoanyrenontheageda,acopyof the dxument, picture, video, or den must be prided to the Board Sear#any for the als records. BE ADVISED THAT ONE OR MORE CITY OF OKEECHOBEE COUN- CIL MEMBERS MAY BE IN ATTENDANCE AT TRIS MEETING. THIS NOTICE L5 POSIED TO MEET STATE PUBLIC NOTICE REQUIRE- MENTS AND EQUIREMENNTSAND NN5BNE LAWS. • 5y O,aipason Da.vn Fbo er 342794 CN 6112/2019 1IDEPENDEN NEWSMEDIA INC. USA Lake Okeechobee.News 107 SW 17th •Street; Suite' Okeechobee;:'Florida 34974'x, 863-763-3134 fco r �.. \ .a _ STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, _that the attached copy of advertisement being a YcA) t.0 (� �� in the matter of r�1gi't'- .\J(.k.'t 41)(10-Ici NLO,AC - in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this Ic'J v day of Notary Public, Sttate of Florida at Large Katrina Elsken AD ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Apd120,2020 Bonded Thru Notary Public Undervrtitera CITY OFOKEECHOBEE PUBLIC NOTICE RIGHT-OF-WAY ABANDONMENT NOTICE'S HERBY Gni* theta PUBLIC HEARING wa Ice heti before theoF(�)k�dubee Plug Board cnTh+a,3,m. 20, 2019, 6PM, or as sono U ea55 as per, at C1y FBI, 55 5E 3rd Avenue, Counal Chambers, Rm 200, Okeechobee, bee, R. to consider and receive input cn Atendonmatt of Right -Cf -Way Petition #19002 -SG submitted by Lois DLtollio. Mon ,6 #19-002-ECtoques et to vae an unimproved portion of 5E 4th Sheet Nista Avenue A)Iff,ru nig Fast m West, N5y South of Lot 12 cf Bock E, wRIQit53RD ADDITIONTC P6tBook 1,Page 9;WstofS= 10th Avenue(f/k/a I�neockSheet)�h of Let 1 of Bock 4aid Lot 1 of Bbdk 4, WRIQif51ST AND 2ND ADDmoN TOOKEECHOBEE, Pmt Book 1, Page 13, (appa mtely 40 -feet by 3735feet), Rtffic Records, gkeedabee Carty. The F855n- may '1 i * FM, at the alias, 6 abae draig touts,xL1T BAkgB PM,oftfixhommedays The Pic to atterhd. The Pmnning Board v.�9 offer a rewtrrnardation to the aYCaari, tentatively shedrhd on July 16, 2019 (Fist befog) and frhal ai (Ln Pubic Hear gcoAugst6,2019,6PM. ANY PERSON DECIDING TO APPEAL any dedision made lythe Panning Board wth respect to any mailer constiared at the 11a3iy will need to en- sue a verbatim reed of the proceedings made and the mrd ieddzs the bMIITOITI and evidence upon which the appeal w] be based. N amrdance will the Americans wth Disabities Pct (AAA), ary person wth a dsablty as defned by the ADA, that reeds sperm a(ommodaton to partkipate in the pnoeecing General Services ofFimno tato-than two business days prior to proacecEng, 863-763-J3/2. BEADVLSFDthatshatd you intend to show anydocurnent, picture, video or Items tothe I video, Board In support or oppostIon beyRem p f tb Board se] yrorUecaysn�as 61 Zcri g Administrator Maims Mortes Deora, Fialtion#19002-SC 340637 CN 6/2,12/2019 14DEP MOT NEWSMEDIA IN USA Lake Okeechobee News 107 SW 17th. Street, Suite D Okeechobee, Florida 34974 8(3 ,763-3.134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,. Florida,rthat the attached copy of advertisement being a in the matter of 1-6-4 jdf) t)..x, t� LL,�:t GA -1 div q J I? t�Ll'b�G�ttLC Fes.( in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 1 T/' day of -J Lli- k Notary Public, State of Florida at Large 1(0-1 1 C1 c OA- ' ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 Bonded 'Mu Notary Public Undermitora Katrina Elsken AD CITY OFOKEECHOBEE PUBLIC NOTICE LAND DEVELOPMENT REGULATIONTEXT AMENDMENT NOTICE IS HEREBYGIVEN that PUBLIC HEARING dv8 to held before the Otyof Olreecfiobee NF1aarrrr��rpq Board, meeting as the Lad Pin' Pgerrcy on7tnas,heie2g2019,6:00 PM orassoontom-sidecar-id atC9y amen. dmEEthe Code ofOrdnao Subpart B ard Ceve'opn Peds n Na 19-001-1A Reposes to amend the folAvig arras in the C),4- of Ordnanoad d for pawnshop, p sGENERAL PRCNISIONS, ervice, alservice O-IAVIER 90 217NING: Artie III Dis6kt and DsUfft R93ubtbrs, DFidon 6 Commercial Rcf®on'l and OfficeSbn 90-223 amardrg the Special i by adci g Item (13 Pa whop; Drvlsbn 7 LYjt Commedal Dstr1f. Seiion 93-253 amending eiSpecial Exception Uses by adkIng carr (23) Pa yr xnp; Div14 o 8 Haag 0 m1erdal Data, section 90- 292 0.292 mderddrg the RA -mated Uses by adirg tan (19) Pawnshop; DtrEian 9 Central uses Distil, section 90-312 Rimi:had Uses by ale, g terns (3) to idrrdr to eout restaurant, and (6) to td& bar, and Section 90-313 amens ng the Special 6asction Uses by ming tan (13) Pawnshop; Division 10 Industhal Oaten, section 90-342 Remitted Uses by mendng tern (23) to idle restaurart and tali at restarran,a�(34) Pawnshop and ((3355))Ear Dt✓�on12Mb -Use PlannedUNt Destrk;Seim90- 402 Pesrtdted Uses byhens (Mtn tdrle takeout restaurar t and cafe., (14) to ixide bay and mcir9 ten (77) Pawnshop. The proposed amend -rent also Includes mrdirration to prairie for an ap- for �redrrdioi ogress, and a xt4x i fee of 9290.00, the porticos of of Ordnano6 that could to amended on his due are Apperrfa PrAppicalion Foam and Content F m A r acts. APPencix C-sd of 4 Appen13-Infarnattn Ra land Develop- ment Regublion Fess and Charge. The proposed amendment mbe teriened at the addes above ove duig regular lar cl to bus e 1, 8 AM -430 PM, erupt foe ho1iays. The Pubic Is The Planning Board wi7airsarecommendation onPEStionNo. 19-0O1- TA that wdl be fo ended to the City Cound for cca§deraticn at R3* Fieeririgs tsthlimely 9jreduled fa' 6:00 PM on.hty 16, 2019 and Anrguat 6, 2019. ANY PERSON DECIDING To APPEAL arty demon made by the Marring Baird with wed to any maths mnsdered at this meeting vol nevi M ensure a verbatim record of the promei g 6 made and the reoxd indudes the testimony ad e/dence upon Mid) the appal vv7 be based. In aarxdar>Kar with the Americans wth Cisateties Pct (ADA), any person with a risahity as defned by the ADA, that needs special aommmodatcn M participate n this pmoeed% aortal the General Servims Office no Athan two badness clays poor to aoin9, 863- 763-3372. BE ADVISED that should you intend to show any document, pidue, video or dears tothe Planning Board in sipportorcpppation Manny tern on Me ,:aa; copy «the Oxon -Ent, picture,ust e, video, or ban mbe prolided to tune. Board Seoetay fa -the Ws records. By. Zoning Admit-lb/sato(' Maims Monts De Ora, Petition No. 19,001 -TA 340640/4 6/2,12/2019 CITY OF OKEECHOBEE PLANNING BOARD MEETING AND WORKSHOP JUNE 20, 2019, OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER — Chairperson: June 20, 2019, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson. III. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Alternate Board Member Felix Granados Vice -Chairperson Doug McCoy Alternate Board Member Jim Shaw Board Member Phil Baughman Administrator Marcos Montes De Oca Board Member Karyne Brass Board Attorney John R. Cook Board Member Rick Chartier City Planning Consultant Ben Smith Board Member Mac Jonassaint Board Secretary Patty Burnette Board Member Les McCreary IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019, Workshop. VI. UNFINISHED BUSINESS — Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Rezoning Petition No. 19-003-R on April 18, 2019. VII. OPEN PUBLIC HEARING — Chairperson. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC, to vacate a portion of Southeast 4th Street from Southeast 10th Avenue westward to deadend (approximately 40 -feet by 373.5 -feet) (Exhibit 1). 1. Review TRC Recommendation -approval with special conditions. 2. Hear from the Property Owner or Designee/Agent — Louis D'Onofrio. 3. Public comment or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5.a) Consider a recommendation to the City Council to approve or deny Petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively August 6, 2019, 6 pm. June 18, 2019 — PB AND WORKSHOP Agenda - Page 2 of 2 B. Consider Text Amendment Application No. 19 -001 -TA, amending Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; an application and proposed fee for Parking Reduction Requests (Exhibit 2). 1. Presented by Planning Staff. 2. Public comment or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by the Board. 4.a) Consider a recommendation to the City Council to approve or deny Application. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively August 6, 2019, 6 pm. CLOSE PUBLIC HEARING — Chairperson. VIII. RECESS REGULAR MEETING AND CONVENE WORKSHOP — Chairperson. A. Planning Staff Report Topics (Exhibit 3). 1. Restaurant parking requirements. 2. Minimum square footage for single family dwellings. 3. Mobile food vendors. ADJOURN WORKSHOP AND RECONVENE REGULAR MEETING — Chairperson. IX. ADJOURN REGULAR MEETING — Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS NAME—FIRST NAME IDDLE a harf.ier NAME ci' �, � u rt / NAM OF BOARD, COUNCIL, COMMISSION UTHORITY, OR COMMITTEE (1.1 -� of 0kQesdx�bve Pli�.nnin �3oar' /13wrdc I THE BO4RD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON (1 di tat/ W5I H I SERVE IS A UNIT eCITY O COUNTY 0 OTHER LOCALAGENCY -MAILING ADDRESS liI / /)L 0 1 7 c3 0 KiPaCho bgeC oeeChebee_ ri- ofOf�eec�V0l1 DATE ON WHICH VOTE OCCURRED / \ 0 r1 I I I B, a0 C MY POSITION IS: D ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in thesituations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 1112013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S A 'S INTEREST (� , hereby disclose that on % i�(� IB , 20 (-( e)K cry i4i e( (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or Toss; inured to the special gain or Toss of my business associate, r �` 1�_ LL inured to the special gain or loss of my relative, 5pQLts,e, PDbbi-e,Cha.rhz►; h( /drnlfl (Jhfbr inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. e/ Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A -FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. aurd.CA-0 etOn i s'1 &h ox Ilo. 19-00 3--& PAGE 2 .•r Patty Burnette From: Patty Burnette Sent: Monday, May 06, 2019 10:38 AM To: douglas_mccoy@doh.state.fl.us; Elbert Batton (embatton@hotmail.com); Felix Granados (felix.granados85@gmail.com); jadthoover@gmail.com; johncook@cityofokeechobee.com; khbrass@live.com; Lmccreary@ceeco.net; Mac Jonassaint (mjonassaint@aol.com); Michelle Baughman (bbsitedevelopmentinc@gmail.com); rbrock@cityofokeechobee.com; Rick Chartier (rick@icsflorida.com); skullhillsteel@yahoo.com Subject: Requirement in regards to April 18, 2019 Planning Board Meeting Attachments: Form 8B -R. Chartier.pdf Good Morning. Attached is a Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers form that was submitted by Board Member Chartier and received by myself as Board Secretary on April 18, 2019 in regards to Rezoning Petition No. 19-003-R. I am sending this email for your records and information as part of the requirements. Thank you, Patty Pa -t -y M. 13 u s- e- to genera(Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, T1 34974 Tet 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail y6urnette@cityofokeechobee.com -website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 PAGE 1 ABANDONMENT OF RIGHT-OF-WAY PETITION Exhibit 1 June 20, 2019 CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X 9820 Fax: 863-763-1686 PETITION NO. 11-oo� •-2Cf Application fee (non-refundable) $600,00 Note: (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Date Fee Paid: q -l- 19 Receipt No: 4135* TRC 135t{- TRC Meeting: Publication Date: Letters Mailed: PB/BOA Meeting: a0- Publication Dates: Letters Mailed: City Council 1st Reading: 7 - d Lo - d i CMR Letter E-mailed: City Council Public Hearing:f.iD_fPublication Date: Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the,Right-of-Way to be Abandoned: ,me, 82palc:. the - Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right-of---Way7Abandonment: > %ogrqiikibe _l gr.F!(/ C -'v zs[ , /r ifL+1J lJ 0-Y ti. -1 Adal(. !? -�� mr1v'f-t7 4�� c� w ob`/ / `,2 ' �✓ "'woe) That portion of SE 4th Street (f/k/a Avenue A), running E to W, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of SE 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd Addition to Okeechobee, Plat Book 1, Page 13, and is approximately 40 feet by 373.5 feet, Public Records of Okeechobee County, Florida. PAGE 2 ,'` Contac InfOrrnation Dennis Al 3uyce, ?. 51p1 - 7Lf44- -- I a33 clennis Qciennisboyce. pa. cern PETITION NO. l q-ooa-SC -IName of property owner(s): 4 Owner(s) mailing address: h<-3 r, - ' p if,24, 44,/--;,-, .t r\ V4e ,,,7-2 S Owner(s) e-mail address: Owner(s) daytime phone(s): 56' 1�' 30 j,� 0 / Fax: Required Attachments ✓ Copy of recorded deed of petitioner as well as any other property owner whose property tqtis contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) V' Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment. (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. -41-1 Signature Printed Name y Date / PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Proposed vacation is consistent with the Comprr%ehensive;Plan: --,,4,74,-.:..; ... „_. ;'.' { - s\ o'.' STce.C. 'TCnd' y„ r 3-- 's ��a t access is not an easement 3 ter... ,c— r A, y1=--,. ' /CA"„s' 7> -- l” 9/A.5, f /q _ . - -../973.- - rs--, /O i7 %P ,v7 ,f''.ale 13 �.„1„, o.., --r , L a' `2..Ri I of'u►"I to berua'cated is n1ot th-able acc0 ..S `an xto gilit and t — irea iin k m°s { - s\ o'.' STce.C. 'TCnd' y„ r 3-- 's ��a t access is not an easement 3 ter... 71/2 OA) 101 -icer r4 X120Y -. /3z.---.),DA-,in ( %1.-%. eil .5- ,.^. 9 1 w h H �u5kC' t fi ( :T y. br, ,,,,‘,,,,I,,,,. i‘ -`7i t(/) tl-- CIF /4ils<ii f rt4'2,�'-d ,f''.ale /5 c_.4 ,�+ P L a' d 3 ;Proposed VH atioitis in the puh ieii erect and'provtde`sssafbenefit;to'the City 71/2 OA) 101 -icer r4 X120Y -. /3z.---.),DA-,in ( %1.-%. eil .5- i 1 +- /-4V'O L__, f lr-)'.� lam°✓+-- d ic3c))�J ✓• Y) �s�,., e 1 i/ .4`.P,roposedsuacation,would•Snot;Ieo ardme th�e'shocaio"1of a�ny/y{�utiit i 1 +- /-4V'O L__, f lr-)'.� lam°✓+-- d ic3c))�J ✓• Y) �s�,., e 1 i/ The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in Light of the above criteria and offer a recommendation for approval or denial). Checklist for Abandonment of Right -of -Way Petition No. C1 -00a -LL Pe id S h o4. ree emit �f(fri 415 %R :: r .._�; ,..,�� - RequiredInformation and `:� .... _ Date, Rcv'd Ck'd 1 Application fee (non-refundable) $600.00 Note: (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. V' / 2 Completed and signed petition ✓ 3 Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. f \f / andhe4 Lettersof areCo not signing Objection. (If ore than one property owner is involved g petition). ,,,, I I a AYg 5 Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. v' 6 List of all property owners within 300' of subject property (See Information Request Form attached) ./ V 7 Site Plan of property after abandonment. (No larger than 11x 17) 8 Utility Companies Authorization Form. (See attached) 9 Copy of recorded Plat of the Subdivision where right-of-way exists no Larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) Pe id S h o4. ree emit �f(fri 415 %R http://67.7791.155/BrowserViewOR/ This instrument prepared by and when recorded return to: Gene D. Lipscher, Esquire 1025 West Indiantown Road Suite 106 Jupiter, Florida 33458 111111 1111111111 11111 11111 1111111111111 FILE NUM 201600513 i OR BK 775 PG 1648 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY' FLORIDA RECORDED 06/06/2016 12:35:47 PM AtIT $10.00 RECORDING FEES $16.50 DEED DOC $0.70 RECORDED BY G tlewbourn NS 1646 - 16491 (2 n9s) Property Control Identification No. 3-22-37-35-0230-00040-0010 QUIT CLAIM DEED THIS DEED dated as of the t —.day of 77% from Marguerite Ann D'Onofrio„ a widower, ("Grantor"), having an address ot356 Alexander Run, Jupiter, Florida 33478, to Louis D'Onofrio, a single man, (Grantee"), having an address of 16356 Alexander Run, Jupiter, Florida 33478. WITNESSETH: That, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations, receipt whereof by Grantor is hereby acknowledged, Grantor does hereby grant, bargain, sell, alien, remise, release, convey, and quitclaim unto Grantee all of the Grantor's right, title, interest, if any, in and to that certain real property lying and being in the County of Okeechobee,'Horida, and more particularly described as: LOT 1 OF BLOCK 4, WRIGHT'S FIRST ADDITION TO OKEECHOBEE, AND LOT 1 OF BLOCK F, WRIGHT'S SECOND ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT 7 l IEREOF RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. and LOT 12 OF BLOCK E, WRIGHT'S THIRD ADDITION TO OKEECHOBEE, ACCORDING TO THE FLAT THEREFORE REC.7)RDED IN PLAT BOOK 1, PAGE 9, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO restrictions, reservations and easements of record, applicable zoning ordinances and taxes for 2015 and subsequent years. TO HAVE AND TO HOLD the same in fee simple forever, together with all the tenements, hereditaments, and appurtenances thereonIr, I,elorrling or in anyAfise © 2016 NewVision Systems Corporation 2 of 2 3/25/2019, 2:51 PA CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Coznpanies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It ch person. Florida Power& Light -i-' (" . JJ y Av (/ 0?> ,-.i, j toy , -j -el 863-467-3741 or %'-'" rzl Donna Padgett -f' ( 'C. i �. f - ,..x, 7 r \ -)411 5 -11_<<, i, 5- or 863-467-3708 Authorized Signature Typed Name &Title Phone No. 7 c Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchnerCa centurylink,com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue Authorized Signature Typed Name &Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date March 6, 2019 Louis D'Onofri=_: 1635b /uexanuer Icon Jupiter Florida 33478-8282 via Email: rzuber1020Qamail.com Copied To: Keniutz@centurylink.com CenturyLink Okeechobee Sty 4"` St 6L 1U /WC No Reservations/No Objection SUBJECT: Vacate and Abandon a Portion of SE 4Th St & 10th Ave, (Platted as Avenue "A"), Wright'i isi; i"" dr 3' Additions to Okeechobee Flats; Okeechobee County APN 3-22-37-35-0230- 00040-0010, 3-22-37-35-0230-000F0-0010, 22-37-35-0250-00000-0120 PRN 811390 Dear Mr. D'Onof~ i '. Embarq Florida Inc., d/b/a Centurylink ("CenturyLink") has reviewed the request for the subject vacation and hasdeterminedthat it has no objections with respect to the areas proposed for vacation as shown and/or described on Exhibit `°A". said Exhibit "A" attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. If you have any questions or would like to discuss this action further, please contact Stephanie Canary at (352) 425-8763 or by email at Stephanie.Canary@CenturyLink_com. Sincerely yours, Michael Pietlukiewicz ROW Agent CITY OF OEUECHO E RIGHT-OF-WAY ABANDONMENT PETITION rhi€Uty f.txdlttrt?likt'.s Atitlivnizatton t oral NM' ti OCT 10 S: r1Tt4Jcr the petition and gib f«rn'to [lac fcettaawErl1; tR I ty t;cstatpaniett for their comments. lz must be rat,d and dated with a contact r?tnesnbttr Int each Pnr ian. Florida Power & Light 81.63467-37z t at• DONP2 Padgett 063467-37D0 Embarq d/b/a Century 863-452-3185 Kenneth R. Lutz ken.tutz centurytink.com Anti nrizee Signature Ccw!caSt Cable R63-763-2824 107 NW V, Avenue d riRrnr r.....-. Phone No. Date Kenneth R i.utz Eng 11 Typktit Nsrne & Taw Sb 452 "3185 03/14/2019 Phone Mn. Date Authorised Signature Typed Num. & Title Phots No. Date Okeechobee Utility Authority John Hayford 1363.763.9460 100 SW S» Avenue Auttert;zed 5atn herr Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & Fit"tS"s" ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Ilamrldt Estate • Gil Culhreth. Co 'I rustee 063.763.3154 Authvritzei Signatures typed Nara* A rick Phone Nn. Date Ave "A" aka 4th Street to be Vacated. Exhibit A LNO PRN 811390 Lir • '4 :iul r Otrethoboe Colmk iiaoeeiyAgar:1st ry., sacs s:...:s-.:rao: s • ��.. aodaaes edema • 91TMs w• • v 7,6 yVsem. wa< d av uw�r_r �yu��lrr�� r� .w rr. �.rr..�r.•.�.r�.��...�ti � � _Tt. apYnnt_Okeechobee-County-Property-Apprvser_1-16-2019 http://gdb.okeechobeepa.conVgls/elsennt/ w IST 00 xro KO II Okeechobee County Property Appraiser Navvy l- and l00aemoCee. MIN* veo.Todea PARCEL: 3.2207-5020000000.0120 ILOO:ANI 00.000I0.e2I w,t200180 )01104t0I I:ILLXKc O'ONOFIEO LOUIS 2010 GOSbd Wins Ow•11 IOW ALow0FAoou1 1.0.1 LM SS70 Ippnstd SS,ZO JN7fQt 11. .]nnnz 'glad SO AuevEd S5.2:o SPY. SE 10TH AVE. pft SO EunplOKELLIAVLk 00 .S11R 1MON '71'S 030 1000 SO a IIS5.2SO 50005 n 00 Jet 0STA T001 0005290 T0000 o0I 52 NKad N «a.asszn MOTES: sr - 00.. babe. Countnt FL 114am.4rewaavMd M..w.1,M,we.vnyLJ LS.ullnv.IWavl'w.ry 15µv.ShY.'r+Ulkv.,A:NMeroµ,+a.,.a*N,uyvauvly�,.nY.�+e+Lew'L „'+ niesmatens0,10400.. Anrotra •irm.ste0,10._enawlsd prep, vnuMIwM.10..rmark..yw.M.I,.,P.a.v.P,.W bl 0.00+0 elt. .r.h.wLn,...,..nn.ryrs ..n00mr0tn Me^4vEysa od...M.,m. Ip.M.vr.Mn.n..0,1LLn. 1....000..nw•.,,e... GWIIu .. oft 4th Street to be Vacated Platted Avenue "A" in Wright's 1st, 2nd & 3rd Addition. 1/16/2019. 11:51 PM CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchner@centurylink.com Authorized Signature Typed Name & Title Comcast Cable 863-763-2824 107 NW 7,h Avenue AuthorizeSignature Phone No. Date f0G/ c47,$) Ce -r- ,,., oz 3 Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date Johnson, Rick From: Johnson, Rick Sent: Tuesday, March 5, 2019 8:37 AM To: Gorman, Kirk Subject: RE: Right of way Abandonment Petition Yup got it From: Gorman, Kirk <Kirk_Gorman@cable.comcast.com> Sent: Monday, March 4, 2019 6:47 PM To: Johnson, Rick <Rick_Johnson@cable.comcast.com> Subject: FW: Right of way Abandonment Petition Rick — Is this something that you handle? From: Brown, Shaunaye Sent: Monday, March 4, 2019 3:25 PM To: Gorman, Kirk <Kirk Gorman@cable.comcast.com> Subject: Right of way Abandonment Petition Good afternoon, Customer is trying to get utility companies authorization forms completed. Can you complete forms if possible and send back to customer, below is the customers contact information. Attached are the documents that need to be completed, if you can assist or direct to correct department to complete for customer, please. Customers name: Louis D'Onofrio Contact: 561-301-7071 Thank you Shaunaye Brown 1 Comcast Cable 863-763-2824 107 NW 7th Avenue CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchnert centurylink.com Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority (tog) 1, opt) hn 6 n o 0,04 hrn 6,c, ttt; 41/1;4 -II, d eg ri beef John Hayford nren.6 La. 5w,0 4flk G-1-., iy. ..x'► lof / e413) c k. `•4 anct 863-763-9460 101" ` o f 1 t ock. F, cud Lad- D. DV- PArck. t . w, on; - 100 S W 5th Avenue 60(6 h n 0 olive l or) . 44ye, (:)&o..n,apit m e-nr- reel tre.Si . (horizena}r/ *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS pec D' -i 40, C /90'7 &— 94-4 v WifT Typed Name & Title Phone No. Date Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date this information,, was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment 11115 information should not be elied upon by anyone as a determination o1 Uie ovmership of property or market value. No •.varanEes. expressed or implied. are provided for the accuracy of the data herein. it's use. or it's interpretation. 4lthough itis periodically updated. this information may not reflect Fo data currently on file in the Property Appraiser's office. 4p 0 0 Q 0 0 41a Q 4D 41 a 0' 0 4R SE 6TH ST L_. m 4P1 413 43 a LI 1 413 3 0. Cti/ 43 SE 4114 ST 4 a O 0 Q 0 43 4]i 4N. SE 5TH ST a ! a fl I a O a II Q. 0 4Q 0 eit 41E1 a L - 4i1 0 ti 100 200 300 400 500 000 700 800 900 1000 ft Okeechobee County Property Appraiser Mickey L. Sandi 1 Okeechobee. Florida 1863-763-4422 PARCEL: 3-22-37-35-0230-00040-0010 !SINGLE FAM (000100)10.166 AC WRIGHT'S FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 13) LOT 1 BLOCK 4 D'ONOFRIO LOUIS Ow ner: 16356 ALEXANDER RUN JUPITER, FL 334788282 Site: 400 SE 10TH AVE. OKEECHOBEE 512(2016 0100 1(U) 5131/2095 5141.000 I(U) 1012512002 560.000 1(U) Sales Info 2018 Certified Values Mkt Lnd S4,554 Appraised S10,213 Ag Lnd SO Assessed 510.213 Bldg 55,659 Exempt SO XFOB SO county:$9,571 Just S10,213 Total city:$9,571 Taxable other:$9,571 school:S10,213 NOTES: Okeechobee County. 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J R>I co fU W .- / v 0] VJ to ....11U CJ JI fll-.� C1 ..- J I 1 1 � p 1 ,- -- -1 - - --/r-L It - - - - 1 I t/I b •I I 1 10' PVC 8(10.338 10' PVC AT 0.378 (.7 hI w o .0 u? v U' CA b W ru/J /` :r - ---� �I -- —Jr Jr Tod 6 PVC I 1 1.13/ 1 -. nl c, n in • 1 to ar" ro uu f C11 I b w 1 ti to n I .1. w ro I 1 1 1 I I �t- _ —� --- - _ J. I 2' N 0' of .- , ,'-' n •C 0: JI V• V7 a 41 N� -- -�J L_-,-1- , 1 I I i 0 in 1, rJ l N ! 1 1. L- I -I- --J-__ i's; 1 1 N 1 y . I ! SE 13TH AVENUE o, 'D f r� V ° > to I � 025j DESTEUEON SYSTEM PLAN YEW SI ST A an•n av *WPCS Ars lest. self '-r` OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 3 22 37 35-0230-0005 0020r f . BE�ELY [3-22-37-35-0230-00050-0010 I3-22 37,35-0230-0; 60-0020:. 13-22-37-35-0230-000F0-0020 02:41,4i02:40;0:01404.24: EJULBERTGLEI DAE; • 13-22-37-35-0230-000F0-0010 D'ONOFRIO LOUIS 3.2 37-35 0230.0004E-00].¢ D'ONOFRIO LOUIS 33--22-37-35-0230-00030-0010 OKEECHOBEE COUNTY 102-424§;00011.000001.20 [3`ONOFRI t0Ui5 13-22-37-35-0250-00000-0110 CREECH DANIEL B 203 3 @250.60000-00$0 204:PROPER Y.LLC• 3-22-37-35-0220-00000-0140 JAIMEZ EMMA I3-22 7 35-0250-00000-0010: 20 `PROPERTY LLC 3-22-37-35-0250-00000-0090 CREECH DANIELB 3;;22-3735-0220-00000-0010• NERC LONG CONSTRUCTION COMPANY 1 WEST POINTCI3 ;. CAPPETTA TERESA CONERLY MARY IDA & CONERLY ROY JR 1444 YELLOWTHROAT ST f OLSOMBAiAC�4 MICHAEL ETHAN, a 01 €5 O'STEEN ANNA JANE 9832 ROBINS NEST RD 44 SE 10TH,:AVE ., 16356 ALEXANDER RUN 1456 ALEXANDER RUN OOD . 1 L,. ?3,a22a4 32 HOMESTEAD OKEECHOBEE BOCA RATON OTC€ECHOBEE JUPITER JUPITER, FL 33035 FL ' 3'49744606 �FL 33496 FL 34974 FL _ 334788282 FL —;33'4788282` 304 NW 2ND STREET OKEECHOBEE FL 349720000 16356 ALEXANDERtRU 406 SW SECOND STREET 204 SE 1DTi ,E 209 SE 10TH AVE 204581OTH4AVE 406 SW SECOND STREET 117815E 441 , 13-22-37-35-0220-00000-0170 OKEECHOBEE COUNTY 304 NW 2ND STREET JUPITER., FL; 334788282'. OKEECHOBEE FL 34974 C114EECHOBFL 34974456$- OKEECHOBEE _ FL 349744567 OJ€EECHOBEE `FL , 349-74`4568 OKEECHOBEE FL 34974 OKEE`iCHOBEE 'FL 34.9.74' OKEECHOBEE FL 34972 I3437i340080.40.00.0440.---.•_.BULGER DOROTHY 3-22-37-35-0280-00010-0220 ELEADES SVETLANA 13722737-3S179240.„40010210.-• I-CAN00R DANIEL B:& MARCIA F 13-22-37-35-0280-00010-0200 DECARIE WILLIAM ROGER 13-22 37 35-0280-00010-0110 ARMSTRONG- MICHAEL EUGENE 3-22-37-35-0270-00010-0180 BARTOE VIRGIL R & NORNETA M 13=22-37 35-0270-00010-0170; ;GRAYGLEN;E " - 3-22 37-35-0270-00010-0160 FINCA SARAH FLORES SA INC 13=22-37-35-02'80.00010-0150 HiANCOCKSiAMMY&;:ANN, ETAL , , .3-22-37-35-0280-00010-0140 HANCOCK PAMELA 3-22 37 35 0280-00010-0130 RO714LAND DOUG &R WI AND JENNIFER 3-22-37-35-0280-00010-0120 ROWLAND DOUG &ROWLAND JENNIFER 04.14740,40270-,000.1040110: SCHINARTZ FRANK 111 & MELINDA .3-22-37-35-0280-00010-0090 BAKER JOE H & PEGGY 1 1,3=22-37-35-0270-00020-0340 BURDESHAW PAUL E 13-22-37-35-0270-00030-0010 STRAIGHT JESSE BOX 963'1- 501 SE 8TH DR 11000 NW^044TH T3L;;• 511 THORNE ST HAWKSBURY ONTARIO K6A2N7 902 SE 1OTH ST 827 SE 4TH STREET 401 -SE 8TH _DR . 280 W PARK DR APT 106 990 5E23RD S 1245 SE 21ST ST 805-SE•3RD CT ' 805 SE 3RD CT OKEECHOBEE FL 34974 307 SE BTIDRIVE OKEECHOBEE FL 34974 1414 S PARROTT AVE #377 _ _ OKEECHOBEE FL 349740000 301 SW 21STST OKEECHOBEE FL 349743411 809 SE 6TH ST OKEECHOBEE FL 349744502 OgEIdfiOBEE __ — 01 y349730 3_ OKEECHOBEE FL _` 34974 OKEECHOBEE FL 349727365 OKEECHOBEE FL 34974 OKEECHOBEE FL 349744510 OKEECHOBEE FL 349740000 MIAMI FL 331725411 OKEECHOBEE FL 349745392 OKEECHOBEEFL 742408 OKEECHOBEE FL 349 34974 J �) WPJ4/1/S rw 4-00 to Okeechobee b1WFil01-I S THIRD ADDITION TO OXEECHODED %"9 • -/ .?_,YP /)OL Okee . • 1)1.1_, 13A. 1 1-3 qriFIFIST AS 0 ,c3Alittfltt.1 Annrr1onicisTs3K.,...ErgsAmgawiN 1..,72:11/0,4,rters 7/7 vow. . - - 1. ,• • r ware we:pa/Aria-••••2 -•••"••,•••••(••••,••••••• 51701,14,20RAN orPR/c/Mar ;arab -/ • ... j), • ‘2,Wc4i.0270/ . . .. .%...,-.4.:\s..r.:44:.• 1. -•:. \ - ....;,..,.... 1 .•:,2•77 \ \ '-.....•.•,....., '; • He Y -A1.4P • oma-eF•navae CatOrraroanrhaser-I • ;•••;•71,7 - ire° Z.1,41 ot..61 1=1., erooZ • Staff Report Right -of -Way Abandonment/Street Closing Prepared for: Applicant: Petition No.: 138JudsonSheet # 206 Fort Myers, Fl 33901 The City of Okeechobee Planning Board Louis D'onofrio 19 -002 -SC (Unimproved R/W of SE 4th St between SE 10th Ave and Canal) Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC Re • uest The matter before the Planning Board is an application to abandon the east -west 373.5 - foot long, 40 -foot wide unimproved right-of-way of SE 4th St. between SE 10th Ave and a canal, more particularly described in the legal description of the property. The requested abandonment encompasses 14,940 square feet (0.34 acres). The Applicant makes the following statement on his petition application: "S. E. 4th street is a dead end road. I'm taking care of it. It in middle of my property that I'm maintaining and I would like to improve my house and land." General Information Applicant Site Address Contact Person Contact Phone Number Contact E-mail Address Louis D'onofrio 16356 Alexander Run Jupiter, FL 33478 The east -west unimproved right-of-way of SE 4th St. between SE 10th Ave and a canal Dennis M. Boyce, PA 561-744-1233 dennis@dennisboycepa.com Le. al Descri•tion of Sub'ect Property That portion of SE 4th Street (f/k/a Avenue A), running E to W, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of SE 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book 1, Page 13, and is approximately 40 feet by 373.5 feet, Public Records of Okeechobee County, Florida Characteristics of the Sub-ect Property Future Land Use Map Classification Zoning District Use of Property Acreage Existing Single -Family Residential RMF - Residential Multi -Family & IND - Industrial Vacant, unimproved street R/W 14,940 sf (0.34 acres) Proposed Single -Family Residential RMF - Residential Multi -Family & IND - Industrial Residential 14,940 sf (0.34 acres) LaRue p tianpung 1 Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC Description of the Sub'ect Site and Surroundin • Area AERIAL The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4th Street is outlined in Redand the existing land uses in the vicinity are shown below on the aerial photograph from the Property Appraiser's office. The Applicant owns all three of the surrounding parcels. LaK'c ptanning 2 31 `- 30 29 28 27 26 25 24 23 22 21 20 Staff Report Applicant: Louis D'onofrio Right -of -Way Abandonment Petition No. 19 -002 -SC FUTURE LAND USE The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4th Street, is outlined in Red, and the existing Future Land Use Map designations are shown on this excerpt from the City's Future Land Use Map. All surrounding properties are designated Single Family Residential and it seems appropriate to place the same designation on the vacated property. 10 9 11 12 13 S.E. 3RD CT. • 14 ■ 15 18 191 20 ■ • 23• 1 2 5 COMPREHENSIVE PLAN LAND USE I SINGLE - FAMILY MULTI - FAMILY III COMMERCIAL INDUSTRIAL ,.,J PUBLIC FACILITIES RESIDENTIAL MIXED USE 5 6 Iz 13 14 15 16 17 18 19 20 8 7 6 5 4 3 2 1 S.E.4 TH ST_ 1 2 3 6 7 10 11 3 4 5 8 9 12 S.E. 5TH ST 19 17 1A 2 3 6 7 10 11 LaRuc 1;p -tarn -ling 3 Staff Report Applicant: Louis D'onofrio Right -of -Way Abandonment Petition No. 19 -002 -SC ZONING The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4th Street is outlined in Red, and the existing zoning designations are shown on this excerpt from the City's Zoning Map. The northern adjacent parcel is designated Industrial and the southern adjacent parcels are designated Residential Multifamily. Since the applicant is currently using the property as a residential use, it seems appropriate to designate the proposed vacated area as Residential Multifamily. ZONING . CBD • COMM BUSINESS DISTRICT . CHV - HEAVY COMMERCIAL . CLT -LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFF iC H - HOLDING ND - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PUD -R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME P.SFI . RESIDENTIAL SINGLE FAMILY P,SF2 - RESIDENTIAL SINGLE FAMILY 13 14 7 15 6 16 5 17 4 18 3 19 2 20 1 S.E.4 TH 2 4 5 8 11 32 �•• 31 30 1 29 28 27 26 25 24 23 22 21 20 19 18 17 16 2 3 6 7 0 NMI LaRue pitzorling 4 Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC Consistency with Sec. 78-33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate an alley or public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Calibri. REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. "Single family Residential zoning — Vacation provides continuous access for improving property" There is nothing in the City's Comprehensive Plan concerning abandonment/vacation of alleys. 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement. "Right of way is surrounded by petitioner's property." All three parcels bordering the alley are owned by the applicant and two of those parcels have access to SE 10th Ave. 3. Proposed vacation is in the public interest and provides a benefit to the City. "In public interest to provide improvement and stronger tax base" The proposed right-of-way area to be vacated has not been improved to facilitate vehicular traffic. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. 4. Proposed vacation would notThe jeopardize the location of any utility. "City water and front of property septic." Applicant has received authorization from all necessary utility entities. However, it may be necessary to reserve a portion of this property as an easement in order to preserve access to the canal. Technical Review Committee Recommendation The TRC reviewed this request on May 16, 2019 and voted 5-0 to approve this request with the condition that a 12 foot wide easement be provided on the north side of lot 12 in order to facilitate maintenance to the canal. LaRue planning 5 Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC Staff Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation/abandonment can be considered consistent with the requirements of Sec. 78-33. Staff recommends approval with the condition that a 12 foot wide easement on the north side of lot 12 be provided for maintenance access to the canal. Submitted by: Benjamin L. Smith, AICP Sr. Planner LaRue Planning June 10, 2019 TRC Meeting: May 16, 2019 PB/BOA Meeting: June 20, 2019 City Council 1st Reading: July 16, 2019 City Council 2nd Reading and Public Hearing: August 6, 2019 LaRue 6 I. CALL TO ORDER — Chairperson. MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, MAY 16, 2019, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 The May 16, 2019, Technical Review Committee (TRC) meeting was called to order at 10:03 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca — Present Building Official Jeffery Newell — Present Fire Chief Herb Smith — Present Police Chief Robert Peterson — Absent (Major Donald Hagan in attendance) Public Works Director David Allen — Present Non -Voting Ex -Officio Members: City Attorney John R. Cook — Present City Planning Consultant Ben Smith — Present City Civil Engineering Consultant — Attendance not requested County Environmental Health Department Victor Faconti — Absent OUA Executive Director John Hayford — Present School District Representative — Absent Committee Secretary Patty Burnette — Present (Ms. Jackie Dunham, General Services Secretary, in attendance as well) III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Fire Chief Smith moved to dispense with the reading and approve the Minutes for the regular meeting held January 17, 2019; seconded by Building Official Newell. Motion carried unanimously. V. NEW BUSINESS — Secretary. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC, requests to vacate that portion of Southeast 4th Street (f/kla Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 20d Addition to Okeechobee, Plat Book 1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet - Senior Planner. Planning Staff Report: Planning Consultant Smith explained the Applicant, Mr. Louis D'Onofrio, owns all of the contiguous parcels and currently maintains the right-of-way. He has obtained all of the necessary utility companies' authorizations. TRC - May 16, 2019 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC continued. Planning Staff Report continued: Planning Staffs responses to the required findings are the property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. Planning Staff is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: Public Works Director Allen discussed needing an easement for access to the Augustus Canal for maintenance purposes. Police Department: No issues were received. Building Official: Building Official Newell inquired as to why the Applicant was not asking to abandon the small portion of the East to West right-of-way between Lot 1 of Block F and Lot 1 of Block 4. Secretary Burnette clarified the entire right-of-way would need to be petitioned to be abandoned. The consent of the contiguous property owners would be needed as well as the utility company's authorizations. She had previously discussed this with Mr. D'Onofrio when he submitted his Application. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. Mr, Dennis Boyce, P.A., and Mr. Louis D'Onofrio, the Applicant and Property Owner, were in attendance. Mr. Boyce inquired as to what the Future Land Use (FLU) and Zoning designations would be for the right-of-way should the abandonment be approved. Planning Consultant Smith replied the FLU would be Single Family Residential, which is the current FLU of the surrounding parcels and the Zoning would be Residential Multiple Family, which is currently how those surrounding parcels are zoned. Chairperson Montes De Oca then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. There were none. Motion and second was offered by Building Official Newell and Fire Chief Smith to approve Abandonment of Right -of -Way Petition No. 19 -002 -SC, to vacate that portion of Southeast 4th Street (flkla Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (flkla Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book 1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet. TRC - May 16, 2019- Page 2 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC continued. Building Official Newell offered to amend the motion on the floor to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 19 -002 -SC, to vacate that portion of Southeast 4th Street (f/kla Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd Addition to Okeechobee, Plat Book1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet, with the following condition: Public Works easement of 12 feet required on the north side on Lot 12 of Block E. Fire Chief Smith seconded the amended motion. Motion and second was offered by Building Official Newell and Fire Chief Smith to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 19- 002 -SC, to vacate that portion of Southeast 4th Street (flkla Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/kla Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd Addition to Okeechobee, Plat Book1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet, with the following condition: Public Works easement of 12 feet required on the north side on Lot 12 of Block E. Motion carried unanimously. VI. ADJOURNMENT- Chairperson. There being no further items on the Agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:16 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - May 16, 2019- Page 3 of 3 City of Okeechobee Date: 5 _ �. L Petition No. 1 o ••(;(, (-Ti) General Services Department S.E. Fee Paid: NA Jurisdiction: Phi.. Co_ 55 3`d Avenue, Room 101 Okeechobee, Florida 39974-2903 1St Hearing: (�. O..(CO 2nd Hearing: e_t,_ lq Phone: (863) 763-3372, ext. 218 Publication Dates: Fax (863) 763-1686 Notices Mailed: Exhibit 2 — APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT ktUULA I IONS APPLICANT INFORMATION 1 Name of Applicant: elk/of X1k:?e ;n, k e _. 2 Mailing address: 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? ( ) Yes ( ) No 5 If yes, provide address(es) Do you own nonresidential property within the City? ( ) Yes ( ) No 6 If yes, provide address(es) r ,_REQUEST INFORMATION .._r Request is for: ( X) Text change to an existing section of the LDRs (X ) Addition of a permitted use ( ) Deletion of a permitted use 7 ( ) Addition of a special exception use ( ) Deletion of a special exception use ( ) Addition of an accessory use ( ) Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in strikoett and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Page 1 of 3 Staff Report To: Okeechobee Planning & Zoning Board From: Ben Smith, AICP Date: June 12, 2019 Subject: LDC Revisions- Retail Service, Personal Service, Pawnshops and Bars At the May 16 Planning Board meeting, the Board provided direction regarding several issues: Creation of new definition for pawnshop • Revisions to the definitions of personal service and retail service • Pawnshops to be made a permitted use in the Heavy Commercial (CHV) Industrial (IND) and Mixed- use Planned Unit Development (PUD -M) zoning districts • Pawnshops to be made a special exception use in Light Commercial (CLT), Commercial Professional and Office (CPO) and Central Business (CBD) zoning districts • Bar to be made a permitted use in the Central Business (CBD), Industrial (IND) and Mixed-use Planned Unit Development (PUD -M) zoning districts • Restaurant, take-out restaurant, and cafe to be made permitted uses in the Central Business (CBD), Industrial (IND) and Mixed-use Planned Unit Development (PUD -M) zoning districts These land development code revisions are now being presented as a proposed Ordinance for review and recommendation to the Council by the Planning Board. Providing Planning and management solutions for local governments 1375 ,Jackson cjtrcet, Suite 206 Fort Mycrs, FL 33901 239-33+-3366 www.(arucp(anning.com Staff Report To: Okeechobee Planning & Zoning Board From: Ben Smith, AICP Date: June 12, 2019 Subject: Appendix Revisions- Parking Reduction Petition At the May 16th Planning Board meeting, the Board provided direction regarding the creation of a new fee schedule for parking reduction requests. Though existing Code Sections 90-483 through 90-485 provided for parking reduction requests, there was no fee schedule, submittal process, or parking study requirement provided. Staff has prepared a Resolution which outlines the submittal requirements and steps for processing parking reduction petitions which should be added to the Appendices of the Land Development Code. That Resolution is now being presented to the Planning Board for review and recommendation to the Council. Providing Planning and management solutions for local governments 1375 Jackson Strcct, Suitt 206 rort Myers, FL 33901 239-334-3366 www.iarucplanning.com ORDINANCE NO. 2019 -XX AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 66 AND CHAPTER 90 OF THE LAND DEVELOPMENT CODE OF THE CITY OF OKEECHOBEE; AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, PERSONAL SERVICE, AND RETAIL SERVICE; AMENDING SECTION 90-10 , ADDING PAWNSHOP TO THE LIST OF SPECIAL EXCEPTION USES IN THE COMMERCIAL PROFESSIONAL OFFICE ZONING DISTRICT; AMENDING SECTION 90- 253, ADDING PAWNSHOP TO THE LIST OF SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT; AMENDING SECTION 90-282, ADDING PAWNSHOP TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING DISTRICT; AMENDING SECTION 90-312, ADDING TAKE-OUT RESTAURANT AND RAR TO THE LIST OF PERMITTED USES IN THE CENTRAL. BUSINESS ZONING DISTRICT; AMENDING SECTION 90-313, ADDIN( ria.WNSHOP TO THE LIST OF SPECIAL EXCEPTION USES IN THE- c :L'.IN ENTRAL BUSINESS ZONING DISTRICT; AMENDING SECTION 90-312, ADDING RESTAU laNT, TAKE OUT RESTAURANT, PAWNSHOP, AND C AR TO THE LIST OF PERMITTED USES IN THE INIUSTRIAL ZONING DISTRICT; AMENDING SECTION 90-402, ADDING TAKE-OUT RESTAURANT, CAFE, EAR, AND PAWNSHOP TO THE LIST OF PER6�li IITED USES IN THE LAXED USE PLANNED UNIT DEVELOPMENT DISTRICT; PROVIDING FOR CONFLACT; PROVIDING FOR SEVERA EfILITY; PROVIDING FOR CODIFICATION; PF OVIDED FOR ANI EFFECTIVE DATE. WHEREAS, Florida Statute 166.01 authorizes cities to establish, coordinate and enforce zoning and development laws that are necessary for the protection of the public; and WHEREAS, the City of Okeechobee desires to update its Land Development Code; and WHEREAS, the City of Okeechobee Land Development Code is intentionally modified to be relevant and to encourage development and redevelopment; and WHERE- S, the City of Okeechobee Land Development Code is wholly consistent with the City's Comprehensive Plan and the Florida Community Planning Act; and WHE Ery S, the City Council agreed with the recommendation of the Planning Board and hereby finds such Land Development Code text amendment to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Land Development Code as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: Ordinance No. 2019 -XX Page 1 of 9 SECTION 1: RECITALS ADOPTED. Each of the above stated recitals is true and correct and incorporated herein by this reference: SECTION 2: CITY CODE AMENDED. The City of Okeechobee Land Development Code is hereby revised as follows: CHAPTER 66 - GENERAL PROVISIONS Section 66-1. Definitions: * Pawnshop, means an establishment where items may be bought outright or left as collateral in order to borrow money; and which those same items may be sold. Service, personal, means an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, nail care, reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a restaurant, take out restaurant, cafe, printer, pawnshop, dance or music studio, pet shop, as well as a bar or tavern for on premise consumption of alcoholic beverages, and similar establishments. CHAPTER 90 — ZONING * * * DIVISION 6. - COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT * * * * Section 90-222. - Permitted uses. Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three-quarters ton capacity shall be used, the following principal uses and structures are permitted in the CPO district: (1) Professional office, business office, medical office. (2) Funeral home. (3) Storefront church located in a unit in a multi -use building or shopping center. Sec. 90-223. - Special exception uses. The following uses and structures are permitted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Day care center. (2) Personal services crept pawn-sheps and dry cleaning on premises. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship. (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) Adult family care homes, assisted living facility as defined in F.S. § 429.02(5). Ordinance No. 2019 -XX Page 2 of 9 (11) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located Okeechobee County. (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (13) Pawnshop DIVISION 7. - LIGHT COMMERCIAL (CLT) DISTRICT * * * * Sec. 90-252. - Permitted uses. The following principal uses and structures are permitted in the CLT district: (1) Professional office, business office, medical. office. (2) Retail store, retail service. (3) Personal service. (4) Craft studio. (5) Storefront church located in a unit in a multi -use building or shopping center. (6) Pet grooming. (7) Convenience store. (8) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. Sec. 90-253. - Special exception uses. The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Restaurant, take-out restaurant, cafe. (2) Dry cleaner/laundry, Laundromat. (3) Private club, nightclub, and bar. (4) Business school. (5) Radio, television or cable reception, transmission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of worship. (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (16) Group home. (17) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (18) Nursing homes. Ordinance No. 2019 -XX Page 3 of 9 (19) Taxidermist. (20) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County. (21) Alcohol and drug rehabilitation center/detox center. (22) Recovery center/sober home. (23) Pawnshop DIVISION 8. - HEAVY COMMERCIAL (CHV) DISTRICT * * * * Sec. 90-282. - Permitted uses. The following principal uses and structures are permitted in the CHV district: (1) Professional office, business office, medical office. (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, take-out restaurant, cafe. (4) Personal service. (5) Dry cleaner/laundry, laundromat. (6) Funeral home. (7) Hotel, motel. (8) Private club, nightclub and bar. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet grooming. (16) Convenience store. (17) Indoor auction house. (18) Medical marijuana dispensary as defined and regulated in F.S. 381.986. (19) Pawnshop Sec. 90-283. - Special exception uses. The following uses and structures are permitted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive-through service. (2) Auto service station, car wash. (3) Wholesale, warehouse not including bulk storage of flammable liquids. (4) Enclosed warehouse and storage. (5) Outdoor sales and storage, building trades contractor. (6) Flea market. (7) Mechanical and repair services. (8) Commercial outdoor recreation. Ordinance No. 2019 -XX Page 4 of 9 * * (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for transient recreation use. (13) Radio, television or cable reception, transmission or operational facilities. (14) Public facility or use. (15) Public utility. (16) Permitted uses in excess of 45 feet in height. (17) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (18) Outdoor vehicle sales lot. (19) House of worship. (20) Hospitals, which means in patient hospital care. (21) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (22) Nursing homes. (23) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County. (24) Alcohol and drug rehabilitation center/detox center. (25) Convenience store with fuel pumps. (26) Retail pool supplies and equipment (including storage of chemicals for use and/or retail sale). (27) Water treatment services (including storage of chemicals for use and/or retail sale). (28) Pest control (including storage of chemicals for use and/or retail sale). DIVISION 9. - CENTRAL BUSINESS (CBD) DISTRICT * * * * Sec. 90-312. - Permitted uses. The following principal uses and structures are permitted in the CBD district: (1) Professional office, business office, medical office. (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, take-out restaurant. cafe. (4) Personal service. (5) Dry cleaner, laundry. (6) Private club, nightclub, bar. (7) Craft studio. (8) Business school. (9) Commercial indoor recreation. (10) Commercial parking garage or lot. (II) Storefront church located in a unit in a multi -use building or shopping center. (12) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. Sec. 90-313. - Special exception uses. The following uses and structures are permitted in the CBD district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: Ordinance No. 2019 -XX Page 5 of 9 (1) Drive-through service. (2) Auto service station, car wash. (3) Radio, television or cable reception, transmission or operational facilities. (4) Mechanical and repair services. (5) House of worship. (6) Marina, dock, pier. (7) Public facility or use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (11) Outdoor vehicle sales lot. (12) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County. (13) Pawnshop DIVISION 10. - INDUSTRIAL (IND) DISTRICT * * * * Sec. 90-342. - Permitted uses. The following principal uses and structures are permitted in the IND district: (1) Business office. (2) Business school. (3) Retail service, retail store including outdoor display of merchandise. (4) Research laboratory. (5) Manufacturing, processing, except those which produce explosives. (6) Mechanical and repair services. (7) Bulk storage of nonhazardous material. (8) Off-site sign. (9) Outdoor sales and storage, building contractor. (10) Wholesale sales and distribution. (11) Enclosed warehouse and storage. (12) Commercial laundry, dry cleaner. (13) Printing. (14) Auto service station, car wash. (15) Drive-through service. (16) Parking garage, parking lot. (17) Radio, television or cable reception, transmission or operational facilities. (18) Veterinary service. (19) Railroad facilities. (20) Public utility. (21) Public facility. Ordinance No. 2019 -XX Page 6 of 9 (22) Storefront church located in a unit in a multi -use building or shopping center. (23) Restaurant, take-out restaurant. Cafe. (24) Barbershop, beauty shop. (25) Dry cleaner/laundry. (26) Nail care. (27) Shoe repair. (28) Tailor. (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, 2013. (30) Retail pool supplies and equipment, (including storage of chemicals for use and/or retail sale). (31) Water treatment services, (including storage of chemicals for use and/or retail sale). (32) Pest control (including storage of chemicals for use and/or retail sale). (33) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. (34) Pawnshop (35) Bar DIVISION 12. - MIXED-USE PLANNED UNIT DEVELOPMENT (PUD -M) DISTRICT * * * * Sec. 90-402. - Permitted uses. The following principal uses and structures are permitted in the PUD -M district: (1) Attached and detached single-family dwellings. (2) Zero lot line single-family dwellings. (3) Two-family dwellings. (4) Town homes. (5) Multiple -family dwellings. (6) Adult family care homes or assisted living facilities. (7) Day care center, nursing home. (8) Professional office, business office, medical office. (9) Retail store, retail service. (10) Restaurant. take-out restaurant, cafe. (11) Personal service, dry cleaner. (12) Mechanical and repair services. (13) Auto service station. (14) Private club, nightclub, bar. (15) Hotel, motel. (16) Craft studio. (17) Business school. (18) Commercial indoor recreation. (19) Outdoor recreation, commercial outdoor recreation, golf course. (20) Marina. Ordinance No. 2019 -XX Page 7 of 9 (21) Community center. (22) School. (23) House of worship. (24) Public Facility or use. (25) Open space. (26) Public utility. (27) Pawnshop * SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: INCLUSION IN THE CODE. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION E. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this day of ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this day of ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWE FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 2019 -XX Page 8 of 9 Dowling R. Watford, Jr., Mayor Iqrv2d!. 1n'. 041. /1 6- 1043 RESOLUTION NO. 2019 -XX A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A, APPLICATION FORMS AND CONTENT; PROVIDING SUBMITTAL REQUIREMENTS AND PROCESSING STANDARDS FOR APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FORM 18, PARKING REDUCTION PETITION; AMENDING APPENDIX B, INFORMATION REQUIRED ON APPLICATION FORMS; PROVIDING STANDARDS FOR PARKING STUDY SUBMITTALS; CREATING INFORMATION ITEM NUMBER 12, PARKING STUDY; AMENDING APPENDIX C, .SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES; REQUIRING CERTAIN FEES FOR PROCESSING OF APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FEE SCHEDULE 20; AS SET FORTH AS ATTACHMENTS TO THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Okeechobee, Florida, approves submittal requirements and processing standards for applications for reduction of parking requirements according to Land Development Code Chapter 90, Article IV, Division 2; and WHEREAS, the City Council of the City of Okeechobee, Florida, approves standards for submittals of parking studies according to Land Development Code Chapter 90, Article IV, Division 2; and WHEREAS, the City Council of the City of Okeechobee, Florida, upon recommendation of the Planning Board, approves a new fee schedule for processing applications for reduction of parking requirements according to Land Development Code Chapter 90, Article IV, Division 2; and WHEREAS, in order to guide and direct City staff in processing such Applications it is necessary to set Application Fees as' established in Resolution 98-11, as amended, adopted by the City Council and set forth in Appendix C. NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City Council of the City of Okeechobee, Florida hereby adopts this Resolution to affect the following changes and/or additions to Appendix A, Appendix B and Appendix C of the Code of Ordinances as follows: Resolution No. 2019 -XX Page 1 of 3 APPENDIX A. APPLICATION FORMS AND CONTENT REQUIREMENTS Form 18. — Parking Reduction Petition. 1. Application contents. Parkinq reduction request applications shall be submitted on the appropriate application form and include the following: a. Petitioners name, address, phone number. b. Property survey and location map. c. Preliminary site plan or site development plan (if parking reduction is requested in conjunction with site plan). d. Description of all proposed uses. e. Parking study f. Supplementary supporting information. g. Application fee. 2. Processing. Parking reduction request applications are processed as follows: a. Applicant submits application to general services department. b. Administrator reviews application, initiates processing. c. Technical review committee reviews application and recommends either approval, denial, or approval with conditions. d. Administrator issues notice of second public hearing. e. City Council holds public hearing, renders final decision on petition APPENDIX B - INFORMATION REQUIRED ON APPLICATION FORMS Information 12. — Parking Study. A parking study shall contain the following: 1. Property owner's name, address and phone number. 2. Survey and floor plan. 3. Description of all proposed uses including business operations, number of employees, hours of operations, etc. 4. Proposed site plan, if parking reduction is requested in conjunction with site plan approval. 5. Traffic/parking analysis and any other materials needed to support parking reduction request. 6. Site plan and landscape plan of deferred parking area, if a deferred parking area is proposed. * * * Resolution No. 2019 -XX Page 2 of 3 APPENDIX C. SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES Fee Schedule: * 20. Applications for Parking Reduction Requests $250.00 SECTION 2: Conflict. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4: Effective Date. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED In Regular Session this day of , 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2019 -XX Page 3 of 3 Dowling R. Watford, Jr., Mayor Exhibit 3 Staff Report To: Okeechobee Planning & Zoning Board From: Ben Smith, AICP Date: June 12, 2019 Subject: Land Development Code Workshop- Single Family Dwelling Minimum Unit Size and Mobile Food Vending Mobile Food Vending Staff was recently directed to address the issue of mobile food venders, also known as food trucks. Currently, City Code Section 14-121 prohibits sales of "merchandise on city -owned or leased properties, or on city road rights-of-way lying within the city". Additionally, mobile food vending is not specifically allowed in any of the City's zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the allowable exemption for special events provided in Section 14-141, it is staff's opinion that mobile food vending is effectively prohibited within the City of Okeechobee. That said, it may be prudent at this time to consider the options that the City could take regarding mobile food vending: • Take no action and continue to rely on the existing code. • Strengthen the existing code to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the existing exemption for special events. • Allow for additional opportunities for mobile food vending on private property in certain situations. • Allow for additional opportunities for mobile food vending on public property in certain situations. In order to provide the Board with a full understanding of the potential benefits and the potential problems associated with mobile food vending, please see the attached Exhibit A containing articles which provide a thorough description of the issues involved. Additionally, see attached Exhibit B containing codes from other jurisdictions, which demonstrate several alternative approaches to regulating mobile food vending. At the workshop, we can discuss what options the City would like to pursue, so that appropriate code revisions can be prepared. Providing Planning and management solutions for local governments 1375 Jackson Street, Suite 206 rort Myers, FL 33901 239-334-3366 www.larucPIanning.com Single Family Dwelling Minimum Unit Size Staff was directed to examine increasing the minimum size for single family dwellings. The City's currents standard is located in Section 90-169(1) as follows: Any single-family dwelling located in a RSF-1; RSF-2; RMF; or RMH, zoning district shall comply with the following appearance and design standards. Minimum floor area. The minimum floor area shall be 800 -square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site If the Board does recommend increasing the single family dwelling minimum unit size, it may be appropriate to consider providing a specific standard for each zoning district where single family dwellings are a permitted use. This allows for the zoning districts with smaller lot sizes (i.e. RMH) to continue to accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by this code revision. See attached Exhibit C for our proposed code revisions. Additionally, while reviewing the existing codes on this, we discovered several sections of code that are not organized correctly. Article III of Chapter 90 is organized into 15 Divisions. Divisions 2 through 12 and 14 each provide regulations for one specific zoning district. Except that Division 4, which provides the Residential Mobile Home (RMH) district regulations, also includes several sections of code which seem to be intended to apply to multiple districts. The titles of the misplaced sections are as follows: Sec. 90-167. - Standards for single family dwelling units. Sec. 90-168. - Dwelling foundations. Sec. 90-169. - Appearance and design standards. Sec. 90-170. - Minimum code compliance review. Sec. 90-171. - Governmental use. Sec. 90-172. - Recreational vehicles. It seems appropriate to move these section to Division 1 of Article III; create a new Division 16 of Article III; or to move these sections to Article IV, Supplementary District Regulations. Staff's proposed revisions to address this issue and increase the single family dwelling minimum unit size are attached in Exhibit C. LaRue2 EXHIBIT A Mobile Food Vending Articles Planning fundamentals for public officials and engaged citizens ',Is PAS fluickNot a viz prepared ov Pcrrick reeoncY,u', economic development spccialistat the Balrimcne Development Corporacion, wish rsnotr�cPon? David Morio; p, Senior research oss clot ttheAmencanPiannn.A ouatton, ate, %i5 r a Planning for Food Trucks While street vending is not a new urban phenomenon, interest in specialty or gourmet food trucks is on the rise across the country. In response, a number of municipalities have updated their business licens- ing and development regulations to clarify rules for food trucks, trailers, and carts. Meanwhile, many other communities are still evaluating how best to address the opportunities and challenges presented by mobile food vendors. ti Opportunities For vendors, food trucks offer a cost -friendly alternative to opening a brick -and -mortar restaurant. Being mobile allows a food truck to expand its customer base beyond the catchment area of a fixed location, and many operators use social media outlets such as Twitter and Facebook to enhance this advantage. As the food truck industry expands, it produces jobs for operators, along with increased public revenues from sales and payroll taxes. Popular food trucks also attract foot traffic and encourage social interaction. In communities with lively food truck scenes, local gatherings featuring multiple vendors often serve as exciting attractions for local residents and visitors alike. Challenges Despite these economic and social opportunities, food trucks still pose challenges for communities as they try to balance competing interests. Restaurateurs often claim that food trucks have an unfair advantage in the marketplace due to perceptions that mobile vendors pay less in taxes and are subject to less scrutiny from local regulators. This conflict is intensified by the fact that food trucks often operate in multiple locations—including areas that are not zoned for commercial uses—and can occupy valu- able parking in areas of short supply. Local officials frequently struggle with questions of which agency should be principally in charge of regulating food trucks, how to handle permitting, and what restric- tions should be placed on the vending units themselves. Policy Consideration 1: Location One of the most important local food truck policy considerations is deciding where mobile vendors will be permitted to operate. At the most basic level, this means clarifying rules for vending on public versus private property, but some communities also use locational restrictions to minimize potential land -use or parking conflicts. Many communities establish permissible locations for food trucks on private property through local zoning. When localities sanction mobile vending in their zoning codes, they often permit food trucks by right in certain mixed use, commercial, and industrial districts. Some communities also subject mobile vendors to use -specific zoning standards that may further limit permissible locations. For example, a number of localities require property -owner consent before a food truck can operate in a specific location. Another common, though controversial, type of use -specific standard is a minimum distance requirement that prohibits vending within a certain radius of an existing restaurant. A few communities attempt to strike a balance by either easing these distance requirements in priority areas or allowing vendors to pursue agreements with businesses within the required radius. While some communities prohibit all mobile food vending on public property, others use business licensing standards or standards governing activities in public rights-of-way to establish permissible locations for food trucks to operate. In some localities, mobile vendors can use on -street parking spaces, provided they comply with parking regulations, including time limits and fees. Alternately, communities may elect to extend time limits for mobile vendors, provided they pay for the additional time. As a third A Publication of the American Planning Association PAS QuickNotes No. 49 The Gypsy Queen Cafe (left) is the two-time reigning champion in the annual "Taste of Two Cities" competition, featuring trucks from Baltimore and Washington, D.C. American Planning Association Making Great Communities'Happen option, localities may designate special zones for food trucks to congregate at certain times.These areas may be on -street parking spaces or other public sites like plazas or civic center campuses. PoNy Colraidieraldon 2: EOpenid ns Another important local food truck policy consideration is operations. Many localities have adopted operational standards for food trucks to reduce the likelihood of mobile vending becoming a public nuisance.These standards often address hours of operation, access to restrooms, waste or recycling, and the placement of tables and chairs. In areas with an active nightlife, communities may permit food trucks to operate late at night, but in quieter districts, vendors may need to stop serving in the early evening in order to avoid disturb- ing residents. Where mobile vendors will be operating for multiple hours at a time, it is important to provide trash and recycling receptacles for customers and restrooms for employees. Finally, in areas with narrow sidewalks or heavy pedestrian traffic, outdoor seating areas must allow for adequate pedestrian traffic flow. PTA Cnsfidleira$ooni 3s He tlh and Safety A third important local food truck policy consideration is health and safety. One of the key features of the contemporary food truck movement is an emphasis on freshly prepared food. While local health agencies routinely require inspections for all food service operations, some communities have updated requirements for mobile vendors to ensure they meet the same safety standards as brick - and -mortar restaurants, and have even implemented systems whereby vendors post their health inspection grades on their trucks. Beyond inspections, basic rules, such as requiring vendors to latch propane tanks within the vehicle and maintain log books of commissary activity, are reasonable. Furthermore, allowing food truck operators to use shared commissary space or pay fees to restaurants for the disposal of waste and preparation of food can reduce financial burdens on operators and can help build relationships amongst vendors and restaurants. Poky Consideration 4: Administration and Enforcement The final major local food truck policy consideration is administration and enforcement. Some commu- nities have streamlined permitting processes through a consolidated right-of-way review that specifies a single point agency. Generally, this agency should be either the health department or an agency that deals with right-of-way permitting issues (such as public works, transportation, or general services). Recognizing that food trucks are a different breed than other vendors, many localities separate permit programs into tiered structures with different vendor classifications and associated fees. Given the mobile nature of the industry, some creative solutions may be needed for code enforcement. For example, some localities require each food truck to be equipped with a Global Positioning System device so that local officials can monitor its location or perform spot inspections. Others maintain ven- dors'schedules developed through various location assignment systems, or follow social media posts to track compliance with locational standards. Conclusion With the number of aspiring mobile food entrepreneurs and demand for their products on the rise, food trucks offer a viable path for small business incubation. In addition to their convenience, they also provide a refreshing break from the generic, adding charm and character to city streets. Cities that suc- cessfully address logistical challenges can find ways to responsibly grow the food truck industry so that vendors, residents, and governments alike can all benefit. PAS QuickNotes (ISSN 2169-1940) is a publication of the American Planning Association's Planning Advisory Service (PAS). m 2014 by the American Planning Association. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing. Visit PAS online at www.planning.org/pas to find out how PAS can work for you. American Planning Association staff:W. Paul Farmer, FArcP, Chief Executive Officer;; David Rouse, ivo, Managing Director of Research and Advisory Services; David Morley, acP, QuickNotes Editor;Julie Von Bergen, Assistant Editor; Susan Deegan, Senior Graphic Designer. A Publication of the American Planning Association I PAS QuickNotes No.49 REFERENCES 1. Published by the American Planning Association Arroyo, Rodney, and Jill Bahm. 2013. "Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending"Zoning Practice, September. Available at www.planning.org/zoningpractice. Ball, Jennifer. 2002. Street Vending: A Survey of Ideas and Lessons forPlanners. Planning Advisory Service Report No. 509. Chicago: American Planning Association. Available at www.plan- ning.org/store/product/?ProductCode BOOK_P509. 2, Other Resources Frornmer, Robert, and Bert Gall. 2012. Food Truck Freedom: How to Build Better Food Truck Laws in Your City. Arlington, Virginia: Institute for Justice. Available at www.ij.org/fo freedom. Food on Wheels: Mobile Food Vending'i Mainstream. 2013. Washington, D.C.: Nationa League of Cities. Available at www.n1c.org .401 /Documents/FoodTruckReport pdf. Eating on the Go: Mobile Food Trucks 4/12/19, 4:16 PM EraUM ©CO t o: ¥©e F oJige r 'csz` by Beth Humstone January 26th, 2012 Editor's note: This article by PCJ contributing writer Beth Humstone supplements the PCI article by Diana Limbach Lempel & Christina DiLisio, "Food Planning for Your Local Economy' (Winter 2012). Across the country entrepreneurial chefs are peddling their food on the road -- moving into parking spaces and serving up customers a broad range of culinary specialties at affordable prices. For many food truckers, this is a chance to try out their recipes, get a following, and move up to a bricks and mortar location someday. For others, it is a way to increase awareness of their anchor restaurants by spreading out into the community to broaden their base. Food trucks have become so established that Zagat's, the guide to fine dining, offers an interactive food truck finder for some cities. In Columbus, Ohio vendors have their own web site -- Street Eats Columbus. The Mayor of Tampa, Florida, likes what food trucks do for his town and is organizing a monthly Food Truck Fiesta. Truck outfitters, depot kitchens owners, website designers, lawyers, permit expediters, and marketers are all benefiting. Even established restaurant chains like Taco Bell and Jack in the Box are getting into the act. The industry is serviced by its own website, magazine, podcast series, and a show on the Cooking Channel. It looks like food trucks are here to stay. Many cities are embracing the rise in food trucks as a way to add jobs, bring vitality to the streets, and offer convenience and diverse eating choices to consumers. Yet others have resisted the trend when faced with angry push -back from established restauranteurs who say the trucks are unfair competition and block views of their businesses. Opponents complain that the mobile vendors aren't tax- paying, rent -paying, ADA -compliant, health -inspected, and zoning -permitted businesses. While food truck vendors may not pay rent or property taxes, they do incur costs for food, food preparation and storage, fuel, permits and fees, and truck maintenance. They also usually must meet a host of local regulations. Many communities require health inspections, vending permits, business registration, and zoning permits. http://plannersweb.com/2012/01/eating-on-the-go-mobile-food-trucks/?print=true Page 1 of 5 Eating on the Go: Mobile Food Trucks 4/12/19, 4:16 PM Still others, such as St. Petersburg, Florida, don't permit mobile food vendors at all. Pressures are mounting, however, for cities to loosen up their restrictions on food trucks. Courts have struck down zoning standards on food trucks designed to address unfair competition with bricks -and -mortar restaurants. Support from the business community and even other restauranteurs is beginning to grow -- provided some conditions are met. What are the considerations that planners must make with respect to food trucks to respond to this mobile land use issue? Definition: Food trucks are distinct from push carts, trailers (towed carts), and other retail vendors. They are motorized vehicles with on board power, refrigeration, food preparation facilities, and usually room for two to four employees. Location: Local rules on where food trucks are permitted vary across the country. Some are restricted to private property, others to public property. Some communities ban food trucks altogether. Others only allow them to stop when a customer flags them down. On private property. Parking of food trucks on private property may be subject to zoning approval if a community has identified mobile food vendors as an allowed use and specified where they may go. If food trucks are not mentioned, regulations will either have to be amended or special permits issued to allow them in the community. On public property. In some communities food trucks use metered parking spaces or public lots and pay the hourly rates. This practice has angered local merchants who claim that they are tying up valuable customer parking spots. As a result, some cities, including New York, have banned food carts from metered spots. Others have allowed food trucks to use public spaces, but have limited the days, hours, and locations where they are allowed. For example, the City of Seattle, which had not previously allowed food trucks on its streets, is now proposing that food trucks using public parking spaces pay $2.25 an hour for up to four hours of parking per week for a total of $468 per year. The City will use a lottery system if more than one vendor seeks to locate at the same spot. Distance to restaurants. To address the concerns of brick -and -mortar restaurants about competition from food trucks, some communities limit vendors to a minimum distance from existing restaurants. An ordinance has been introduced in Chicago to force trucks to park at least 200 feet from restaurants and 100 feet from retail stores that sell food. However, there may be limits to how far cities can go. When a lawsuit was filed against El Paso, Texas, for its 1,000 foot restrictions, the city dropped this provision. http://plannersweb.com/2012/01/eating-on-the-go-mobile-food-trucks/?print=true Page 2 of 5 Eating on the Go: Mobile Food Trucks 4/12/19, 4:16 PM Totally mobile. Some cities, such as Washington, D.C., still regulate food trucks under antiquated ice cream truck regulations that only allow the vendors to stop when customers flag them down. Through use of social media, customers can congregate in a location and then notify the food truck of their presence. The food truck then must find a legal parking space nearby in order to serve the customers. Once all customers are served, the food truck must move on. Good locations. Food trucks don't make sense everywhere. Planners need to consider what sites are appropriate in their community. Some common locations include downtowns, business districts, parks, schools and universities, sporting venues, and special events. All these locations are community gathering places where mobile food vendors could add to a diverse mix of activities and offer convenience and choice to customers. In Denver, the Civic Center Conservancy hosts mobile food vendors in the historic Civic Center Park in the summer on Tuesdays and Thursdays as a way to revitalize the park and provide revenues for the conservancy. Number of Food Trucks: To manage traffic impacts, crowding, and competition with existing restaurants, some communities limit the total number of food trucks permits they issue annually. Largo, Florida, is in the process of considering regulations to permit up to 15 food trucks a year on private property. Cincinnati permits up to 25 vendors in public parking areas in its downtown. Size of Food Trucks: Some cities regulate the size of food trucks to minimize their impact on congestion, parking, and views. Washington, DC, allows food trucks up to 18.5 feet long, 10.5 feet tall, 8 feet wide. This photo is no longer available Hours of Operation: The hours of operation for a food truck will vary with the location, type of goods sold, and whether or not the truck is connected with a special event. Some food trucks in downtowns with a lively nightlife might be allowed to operate until the early morning hours. Others, in quieter areas may be restricted to early evening. In considering hours of operation, planners should take into account the potential noise from the vehicle and its equipment and customers, and may also want to prohibit amplified sound from the vehicles in certain areas. Under a one-year Mobile Food Vendor Pilot Program, the City of Cincinnati proposed creating a CBD mobile food vending permit that would allow vendors access to three designated areas in the CBD to vend. Permits for the public locations cost $400-$800 depending on location and size of the vendor's operation. Due to the success of the program, the pilot has been extended an additional year through June 2012-- fees have also been raised to $1,000; designated areas have been increased to four; and 25 permits are now available. Other issues planners may want to address include: http://plannersweb.com/2012/01/eating-on-the-go-mobile-food-trucks/?print=true Page 3 of 5 Eating on the Go: Mobile Food Trucks 4/12/19, 4:16 PM • Table and chair set-ups: The decision on table and chair set-ups will depend on where food trucks are allowed and if there is adequate space to add seating. On crowded, narrow sidewalks set-ups are not a good idea. But next to parks, in lower density business districts, or in private parking lots there may be room for tables and chairs. • Depots: Food trucks need a place to park at night. And their operators need kitchens, food storage, water, repair and maintenance facilities, cleaning equipment, and waste disposal. Some communities require approved depots as part of the permit process for food trucks. • Rest rooms: If food trucks are allowed to stand for many hours a day, the issue of rest rooms for employees and customers should be addressed. If public restrooms are not available, there should be assurance that food truck employees have access to other facilities. Some employees have made agreements with nearby businesses to use their rest rooms. • Trash disposal and recycling: If public trash receptacles and recycling are not available where food trucks are allowed, the vendors should be made responsible for waste disposal. • Signage: Some communities require food trucks to meet sign regulations that limit the size of advertising on the vehicle. Due to the mobile nature of the vehicles and their short stays in parking spots, planners may want to allow multiple signs on the vehicles. • Bike racks: Some communities require mobile food vendors to provide bike racks. Planners would be well-advised to think through in advance the locations, hours and days of operation, and other considerations most appropriate for food vendors. Boston provides a good model with very specific rules for food truck locations and hours and days of operation in each location (see "Food Planning for Your Local Economy'). With good guidance, food trucks can bring vitality, delicious and affordable meals, and new businesses to the community. Additional Resources: • mobile-cusine.com • Memorandum to Santa Monica Mayor City Council regarding Mobile Vending Trucks (June 2011). • Street smarts: The proliferation of gourmet food trucks on city streets(8 minute PPS video; Oct. 10, 2010). http://plannersweb.com/2012/01/eating-on-the-go-mobile-food-trucks/?print=true Page 4 of 5 EXHIBIT B REGULATIONS FROM OKEECHOBEE AND OTHER JURISDICTIONS OKEECHOBEE CHAPTER 14- BUSINESSES ARTICLE IV. - PEDDLERS AND SOLICITORS DIVISION 1. - GENERALLY Sec. 14-121. - Sales within city rights-of-way. It shall be unlawful under this article to sell merchandise on city -owned or leased properties, or on city road rights-of-way lying within the city. Secs. 14-122-14-140. - Reserved. DIVISION 2. - CHARITABLE SOLICITATION ORGANIZATIONS Sec. 14-141. - Exemptions for the use of public or private property. (a) Governmental or quasigovernmental public service uses, festivals, fairs or other special events sponsored by a civic, veteran or other nonprofit for charitable or community service organization may be exempted from strict compliance with any part of this division and conduct an event on private, or city -owned or leased properties, including rights-of-way. In determining whether a requirement may be waived, the general services department shall conduct a complete review of the proposed event, and shall consider: (1) The purpose that the requirement is intended to serve. (2) Whether waiver of the requirement will detrimentally affect the health, safety and welfare of the community. Whether any alternative measures can be taken to substantially meet the purposes of the requirement. (4) The cost to the taxpayers of meeting the requirements as weighed against the benefits of the requirement. Whether the activity sought to be exempted is a lawful activity and free from fraud or misleading tactics. (b) The applicant must meet any insurance coverage or code compliance requirements of the city, and any other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage by property. By receipt of a permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of the location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in a sum approximately the sum estimated by the city to be incurred in providing such city services. Any such sum not incurred shall be refunded to the applicant. (c) The sale of newspapers within the city is exempted from the provisions of this division. (3) (5) OKEECHOBEE COUNTY CHAPTER 22- BUSINESSES ARTICLE IV. - PEDDLERS, TRANSIENT MERCHANTS, STREET VENDORS Sec. 22-151. - Created. There are hereby created regulations concerning peddlers, street vendors, mobile food vendors, perishable goods vendors and transient merchants. Sec. 22-152. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Advertising and advertisement mean and include any means of conveying to the public a notice of sale or notice of intention to conduct a sale. Altered goods sale means a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods or merchandise damaged or altered by fire, smoke, water or other means. "Altered goods sale" does not include any garage, yard, and carport sale which meets the following conditions: (1) Is conducted by the occupant of the establishment at which the sale is given, pr is conducted by a nonprofit association or corporation. (2) Is held not more than two times a year. (3) Is held for not more than 72 hours at one time. Board means Board of County Commissioners, Okeechobee County, Florida or its designee for purposes of implementing and enforcing the provisions of this division. County means Okeechobee County, Florida. Going -out -of -business sale means a sale held out in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued. "Going out of business sale" does not include a garage, yard or carport sale which meets the conditions previously herein described. Goods or merchandise means any property capable of being the object of a sale. Peddler means a person who sells or offers for sale merchandise or services or both to residences, traveling from door to door, carrying any such merchandise if selling or offering to sell same, without operation from a fixed business location for the exhibition and sale of such merchandise or services or both. However, "peddler" shall not include persons who are invited to residences for specific sales of specific items or services. Street vendor means a person who sells or offers for sale merchandise from a continually moving non -motorized pushcart, wagon, mobile stand, or other movable device storing the merchandise, generally during a special event such as a parade or a permitted temporary use activity. A street vendor does not include newspaper, magazine, or other self-service vending machines. Mobile food vendor means a person who sells or offers for sale prepared food or beverages from a motor vehicle, pushcart, wagon, mobile stand, or other motorized or non -motorized movable device storing the food or beverages. For purposes of this definition, mobile food vendor specifically includes operators of hot dog or ice cream carts, ice cream trucks, mobile sandwich wagons and the like, but does not include minor children operating lemonade or soft drink stands, owners or operators of fresh fruit and/or vegetable stands or other raw, uncooked, unprepared or nonedible perishable goods, or owners or operators of food or beverage self-service vending machines. (1) A mobile food vendor that is continually moving, such as a motorized ice cream truck, may operate from a right-of-way, but shall not obstruct traffic and shall not play music or otherwise make noises that can be heard from any one location for more than ten minutes. (2) A mobile food vendor that does not continually move shall not locate in a right-of-way but shall locate where adequate parking and driveway access are available without interrupting or OKEECHOBEE COUNTY CHAPTER 22- BUSINESSES ARTICLE IV. - PEDDLERS, TRANSIENT MERCHANTS, STREET VENDORS affecting traffic flow. Such mobile food vendor may remain at one location for extended periods of time. No accessory or appurtenant structures or fixtures shall be erected, installed or constructed, but a temporary awning or canopy may be employed when the facility is open for business. The actual pushcart, wagon, mobile stand or other movable device, but not other structures, fixtures, appurtenances or canopies, may remain on-site during periods when the facility is not open for business. Perishable goods vendor means a person who sells or offers for sale perishable goods from a motor vehicle, pushcart, wagon, mobile stand or other movable or non-movable device storing the perishable goods. For purposes of this definition, perishable goods vendor specifically includes vendors of fruits or vegetables and other raw, uncooked, unprepared or nonedible perishable goods, but does not include owners or operators of food or beverage self-service vending machines. Permits for perishable goods vendors shall no longer be issued. A perishable goods vendor that has a valid permit as of the effective date of this amended ordinance may continue to sell perishable goods in accordance with the terms under which the permit was granted, but the permit may not be renewed upon its expiration on September 30, 2003. A vendor selling fresh fruits, vegetables or other perishable goods at a stand that is co -located with an existing commercial development where sufficient access, parking and restrooms are available, where an executed agreement exists allowing shared use of such required facilities, and where any structures, fixtures and the like are permanent and permitted, including the stand or structure from which the perishable goods are sold, shall not be considered a. perishable goods vendor but shall be considered a commercial, retail produce stand subject to all applicable regulations pertaining to commercial development. Transient merchant means a person who sells or offers for sale goods, services or merchandise temporarily and who does not become a permanent merchant at such place and who, for the purpose of carrying on such business, hires, leases or occupies, either in whole or in part, a business location for the exhibition and sale of merchandise, where said business location is not regularly used for, intended for or developed for such use or activity. Because locational criteria and minimum development standards for establishments for the retail sale of goods, services and merchandise are established by the county's land development regulations, transient merchants may operate only where permissible by those regulations, specifically at flea markets, existing commercial storefronts and retail establishments, or in association with a special event as authorized by a temporary use permit. In such cases, a transient merchant permit is not required. In all other circumstances, transient merchants are not authorized to conduct business and permits for transient merchants shall no longer be issued. A transient merchant that has a valid permit as of the effective date of this amended ordinance may continue to operate in accordance with the terms under which the permit was granted, but the permit may not be renewed upon its expiration on September 30, 2003. Planning and development director means the duly appointed Director of Planning and Development of Okeechobee County, Florida. Sec. 22-153. - Scope. This article shall be effective throughout the unincorporated area of Okeechobee County, Florida. Sec. 22-154. - Severability. If any part, section, subsection or other portion of this article, or any application thereof to any person or circumstance is declared to be void, unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provision of this division, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The board declares that no invalid or prescribed provision or application was an inducement to the enactment of this division and that it would have enacted this division regardless of the invalid or prescribed provision or application. Sec. 22-155. - Permit required. OKEECHOBEE COUNTY CHAPTER 22- BUSINESSES ARTICLE IV. - PEDDLERS, TRANSIENT MERCHANTS, STREET VENDORS No person shall engage in any of the businesses of being a peddler, street vendor, or mobile food vendor without obtaining a permit from the planning and development director. To obtain a permit, an application shall be submitted stating: (1) The name and age of the applicant or in the case of a business entity, the names and ages of its principals and officers. (2) The type of permit desired and the location of the business. (3) Whether the applicant has been convicted of any crime or violation of any federal, state, county or municipal ordinance relating to theft, fraud or deception, and if so, the nature of the offense, the date, punishment, and place and court of conviction. (4) Whether the applicant has previously been issued a notice of violation or a citation for a violation of this division or any other county ordinance. (5) The type of goods, wares, or services to be offered. (6) The last five towns, cities, or counties where the applicant has conducted similar sales activities. (7) A letter of permission from the owner of the property on which the applicant first intends to conduct business. Letters of permission from all subsequent owners of property on which the applicant intends to conduct business must be submitted prior to the applicant conducting business on that property. Where applicable or required, letters of permission shall take the form of a notarized statement or agreement stating that sufficient restrooms, parking, and other facilities or amenities that are required as a condition of operating the permitted activity will be available during all hours of operation. (8) A copy of all required state or other regulatory permits. (9) Such other information as is required by law and as the board deems reasonably necessary to enable it to effectively enforce the applicable provision of this division and regulations promulgated hereunder. Prior to issuance of a permit, the applicant shall produce his driver's license for verification of date of birth, number, and physical identification of the applicant. Nothing in section 2-155 should be read as to diminish the validity of additional requirements specified in section 2-161, section 2-163, section 2-165, and Section 2-168 that are necessary in order to engage in particular aspects of peddling, street vending and mobile food vending. The planning and development director shall: a. Issue permits; b. Deny permits in accordance with section 2-156; c. Maintain written records of all applications, and of the approval or denial of same; d. Maintain written records of all violations discovered. Sec. 22-156. - Grounds for denial of permit. The planning and development director shall deny a permit under this article whenever it is found that the applicant or its principals and officers: (1) Are under 18 years of age. (2) Have been convicted of a felony within the last five years. (3) Have been convicted of any crime involving theft, fraud or deception. (4) Have previously violated any provision of this division. OKEECHOBEE COUNTY CHAPTER 22- BUSINESSES ARTICLE IV. - PEDDLERS, TRANSIENT MERCHANTS, STREET VENDORS (5) Have filed a false or misleading statement in an application for a permit. Sec. 22-157. - Expiration and renewal of permits. A permit issued under section 2-155 for a peddler, street vendor or mobile food vendor shall expire on September 30th annually and may be renewed from year to year upon the filing of a renewal application and a finding by the planning and development director that the applicant has complied with 'the applicable provisions of this article. Sec. 22-158. - Permit suspension and revocation. (a) Grounds. In addition to any other penalty, the planning and development director may suspend or revoke a permit for: (1) (2) (3) Violation of any provision of this article or any state or federal statute, or any provision of the Code of Ordinances of Okeechobee County, Florida relating to deceptive trade practices. Filing a false or misleading statement in an application for a permit. The applicant's conviction for: a. Fraud or misrepresentations in the sale of merchandise; or b. Deceptive trade practices; or c. Violation of any health law or any similar local, state, or federal law, with respect to transient merchants, street vendors, perishable goods vendors, mobile food vendors or peddlers. (b) Procedure. (1) The planning and development director shall deliver to the holder of the permit, by mail, or delivery at the business premises, written notice of the proposed cause for suspension or revocation and of the date, time, and place of the hearing at which the holder of the permit may be heard, be represented by counsel and produce evidence. (2) At the hearing, the board shall consider the evidence produced and enter an appropriate order, a copy of which shall be delivered to the holder of the permit in person, by mail, or delivery at the business premises. An order of suspension or revocation shall be effective on the fifth day after delivery or mailing. Sec. 22-159. - Penalties. (a) Any person violating or failing to comply with any of the provisions of this article shall be guilty of a misdemeanor in the second degree and punished as provided for in §§ 775.082 and 775.083, Florida Statutes. Each violation shall constitute a separate offense. (b) In addition to the above penalty, the Okeechobee Code Enforcement Board may assess a civil penalty for the violation of any provision of this article by a person. Each day of violation shall constitute a separate offense. Sec. 22-160. - Payment of civil penalties; recovery. Civil penalties assessed and owed under section 2-159(b) shall be paid to the tax collector for deposit into the general fund as miscellaneous receipts and may be recovered in a civil action in the name of the county. Sec. 22-161. - Hours of business or sale; special hours permit; fee. (a) No street vendor or mobile food vendor shall operate or permit the conducting of a business or the selling of merchandise before 8:00 a.m. or after 9:00 p.m. unless a special hours permit is obtained from the board. A street vendor or mobile food vendor seeking a special hours permit shall pay the OKEECHOBEE COUNTY CHAPTER 22- BUSINESSES ARTICLE IV. - PEDDLERS, TRANSIENT MERCHANTS, STREET VENDORS board a fee for each day that the street vendor or mobile food vendor wishes to have the special hours permit in effect. Fees areas established by resolution by the board. (b) A peddler may not operate or permit the conducting of a business or the selling of merchandise before 8:00 a.m. or after 7:00 p.m. and may not seek a special hours permit. Sec. 22-162. - Certain exemptions for peddlers. (a) Hawking, soliciting or peddling by any charitable, religious, fraternal, youth, civic, service or other such organization, when the organization makes occasional sales or engages in fund raising projects when such projects are performed exclusively by the members thereof and when the proceeds derived from such activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization and hawking, soliciting or peddling by any person licensed under Chapter 626, Florida Statutes, while acting within the scope of his licensed authority or by any person legitimately engaged in a training program in preparations for licensing under Chapter 626, Florida Statutes, shall be exempt from all provisions of this article except section 2-162. (b) A student may peddle school pennants, insignia advertising orders or other articles/services outside a regularly established place of business without a permit if he has written approval of his school authority and prominently displays evidence thereof on his person. Sec. 22-163. - Peddling to residences prohibited without special permit; fees; exhibition. (a) The business of hawking, soliciting or peddling for profit tangible or intangible personal property to residences in the unincorporated areas of the county is considered an intrusion of privacy of those county residences. Consequently, such activity is prohibited unless the peddler first obtains a special permit from the board that allows the peddler from residence to residence. A peddler seeking such a special residential permit shall pay the board a fee as established by resolution by the board which shall run from the date of issuance, and expire on September 30th annually. Such a special residential permit may be renewed at the time the general peddler permit is renewed. However, that does not relinquish the peddler from paying the fee to acquire the special residential permit. (b) Upon arriving at a residence, a peddler must inform the occupant of his purpose and show the occupant the peddler's special residence permit. (c) A peddler shall not refuse to leave the premises of a resident upon request, nor shall a peddler return to a residence after having been notified to leave. (d) No peddler shall enter upon any premises that are posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words of similar effect. (e) Peddlers shall approach only the front door of the premises. Sec. 22-164. - Certain peddling and street vending prohibited. No peddler, street vendor or mobile food vendor shall: (1) While selling food or beverages, solicit sales from residence to residence or in any other place except on or from his vehicles. (2) Use or occupy any portion of any public square, park, parkway, street or alley where the sale or offer to sell is made thereon or where solicitation of customers is made thereon by: a. Stopping passersby. b. Yelling or making loud noise to attract persons to his place of business. c. Having an attraction which will blockade a street, sidewalk or other public place. Without having first obtained a valid permit, use or occupy any portion of any right-of-way of any county maintained road for the purpose of selling or offering to sell merchandise, including food or beverages. In such cases, peddlers, street vendors or mobile food vendors may make (3) OKEECHOBEE COUNTY CHAPTER 22- BUSINESSES ARTICLE IV. - PEDDLERS, TRANSIENT MERCHANTS, STREET VENDORS sales from vehicles or mobile stands that are located on the right-of-way, so long as the sales are restricted to occupants of adjoining or abutting property. (4) Use, occupy or sell from any vehicle with more than two axles. This does not preclude use of a single axle trailer hitched to a motor vehicle. Install, erect or construct any permanent building or structure. Temporary signs, canopies or awnings shall be removed at the conclusion of business each day, as shall any motor vehicles, pushcarts, wagons, mobile stands, or other movable devices storing the merchandise. (6) Nothing herein shall be construed to prohibit sales activities or solicitations to places of business or commerce, nor shall anything herein be construed to authorize such sales activities or solicitations to places of business or commerce where such places of business or commerce have stated they do not wish to be solicited. Sec. 22-165. - Additional permit requirements. (a) A peddler shall deposit with the board a sum as established by resolution by the board and shall execute the permit application under oath. A peddler permit shall be issued to only one person or entity and shall not be transferable. Further, a peddler shall provide the board with a daily or weekly map or statement of the proposed area that the peddler intends to conduct business or sell merchandise. (5) (b) A street vendor shall deposit with the board a sum as established by resolution by the board and shall execute the permit application under oath. A street vendor permit shall be issued to only one person or entity and shall not be transferable. Further, a street vendor shall provide the board with a daily or weekly map or statement of the proposed area where the street vendor intends to conduct business or sell merchandise. (c) A mobile food vendor shall deposit with the board a sum as established by resolution by the board and shall execute the permit application under oath and disclose the names and residences of all persons financially interested in the business. A mobile food vendor permit shall be issued to only one person and shall not be transferable. (d) The deposits required in subsections (a), (b) and (c) of this section shall be required only at the time of the initial application for a general peddler, street vendor or mobile food vendor's permit. It shall not be required at the time of renewal for a peddler, street vendor or mobile food vendor's permit. Further, such deposit shall not be required at the time of application for a special permit. (e) Whenever a peddler, street vendor, or mobile food vendor shall use a fixed, portable or movable sign to inform the public of the peddler, street vendor, or mobile food vendor's business, then such an operator shall be required to comply with all aspects of the Okeechobee County Sign Ordinance, as it may from time to time be amended. Sec. 22-166. - Interstate commerce not regulated. The provisions of section 2-165 shall not apply to any sale, act or thing, the regulation or licensing of which could constitute regulation or licensing of interstate commerce. Sec. 22-167. - Disposition of deposit. Each deposit made with the board shall be held for safekeeping and shall be subject to attachment and execution on behalf of creditors whose claims arise in connection with business done in the county and to the payments of fines and penalties incurred by the permittees through violation of section 2-163. Claims under civil process shall be enforced against the board as garnishee or trustee according to law. A claim for satisfaction of fines and penalties shall be enforced by the collecting officer serving notice of action and judgment, when obtained, upon the board. Claims upon each deposit shall be satisfied after judgment in the order in which notice of claim is received by the board until such claims are satisfied or the deposit is exhausted. Notices filed after the expiration of 60 days following the date of termination or revocation of the permit shall not be valid. A deposit shall not be returned by the board to the permittees OKEECHOBEE COUNTY CHAPTER 22- BUSINESSES ARTICLE IV. - PEDDLERS, TRANSIENT MERCHANTS, STREET VENDORS as long as there are outstanding claims or notices against it, unless there is unreasonable delay in enforcing them. If there are no outstanding claims or notices, and the 60 -day claims period following cessation of the permitted activity has elapsed, all deposits shall be returned upon request or at termination of the permit, September 30th annually, unless the permit is renewed in accord with the provisions of this article. Sec. 22-168. - Altered goods or going -out -of -business sale; separate permit required; length; restriction; fee. Any peddler or street vendor proposing to advertise or hold an altered goods sale or going -out -of - business sale shall obtain a separate permit. Each peddler or street vendor applying for either permit shall pay the board a fee for each permit as established by resolution by the board. The length of either special permit shall be 30 days and may be renewed once for an additional period of 30 days if the board determines it is proper to do so. A peddler or street vendor conducting either type of sale or both shall refrain from untrue, deceptive or misleading advertising. Okeechobee County Fee Schedule for Peddlers, Transient Merchants, Perishable Goods Vendors and Street Vendors (1) Annual permit fees. 1. Peddlers, including Residential Peddling Fee (per year) $300.00 2. Street Vendors (per year) 150.00 3. Mobile Food Vendor (per year) 150.00 (2) Supplemental permit fees. 1. Special Hours Permit (per day) $25.00 2. Altered Goods/Going-out-of-Business Permit (per permit) 25.00 (3) Deposits. 1. Peddlers $500.00 2. Street Vendors 250.00 3. Mobile Food Vendor 250.00 All annual permits expire September 30th of each year, and must be renewed to continue the activity. Occupational licenses also are required for all classifications of peddler, street vendor and mobile food vendor. Deposits are refundable 60 days after expiration or termination of permits, less any claims made against a deposit pursuant to section 2-167 of this division or pursuant to other. applicable federal, state or local regulations. Secs. 22-169-22-200. - Reserved. FORT MYERS CHAPTER 118- LAND USE REGULATIONS ARTICLE 3- PERMITTED LAND USES 118.3.5. - Temporary or Mobile Uses and Structures. A. Applicability. Certain uses and structures are temporary or mobile in character. They vary in type and degree, as well as length of time involved. Such uses and structures may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use or structure with existing uses. Unless otherwise specified elsewhere in this Land Development Code, the following regulations shall govern temporary uses and structures B. Permit required. No temporary or mobile use or structure shall be established or maintained unless a permit for the compliance of such use with the provisions of this Land Development Code shall have first been issued in accordance with the provisions set forth below. C. Fee required. Any person or entity requesting to conduct temporary use on private land shall complete a temporary use application and pay applicable fees. Private events held by a resident of a single-family residence on property with a RS -District are exempt from these provisions, including use of tents. D. General requirements. 1. All temporary or mobile uses shall meet the appropriate requirements of the building code, electrical code, fire (life safety) code and plumbing code. 2. All temporary or mobile uses are prohibited unless applications for all required permits have been submitted and fees paid five business days in advance of the first day of the event, and the permit is issued in compliance with all code requirements. Applications for carnivals must be applied for and fees paid at least 30 days in advance of the first day of the event. 3. A copy of the completed application shall be provided to the city councilperson representing the ward where the event is to be held. 4. The community development director and police chief shall review and grant approval of temporary or mobile use application. 5. Exceptions to the advanced five-day or 30 -day requirement due to unforeseen time constraints may be granted by the community development director with concurrence of the police chief and shall be subject to double fees. 6. Governmental entities are exempt from the requirements of this section. 7. Temporary or mobile uses are allowed in specified districts, provided required parking for the primary use is not blocked off for such activities and written, notarized consent from the property owner is provided to the city. 8. Approval of a temporary or mobile use may be withheld by the city due to an apparent or past record of adverse impacts to the surrounding neighborhood. An appeal of the decision by the city is to the board of adjustments and subject to the provisions of section 98.3.7. 9. Temporary events are temporary in nature and valid for only the dates as specified on the permit. 10. Mobile uses are designed to be transportable such as a cart or a vehicle. E. Permitted temporary uses or events. The following temporary uses or events are allowed in the frequency and in accordance with the requirements stated below. 1. Special events. The term "special events" shall mean an event held on public land or held in or at a public facility or a combination of both public land and public facility. Any person or entity requesting to conduct a special event on public land, not totally within a facility, shall follow provisions in the city's special events handbook. Special events totally contained within a public facility are exempt from the city's special events handbook and are subject to the facilities event fee structure. FORT MYERS CHAPTER 118- LAND USE REGULATIONS ARTICLE 3- PERMITTED LAND USES 2. Fundraising, entertainment events. Events such as fundraising, entertainment, carnivals, arts and crafts festivals, fireworks, Christmas tree or pumpkin sales are allowed at a specific location for 90 days per calendar year in the CG, CI, IL, IH, district, urban core, urban center, and urban general districts. This does not include businesses selling goods customarily sold at a business location. Such activities may be permitted in other districts than those listed above for a period not to exceed 60 days per calendar year and shall be limited in hours of operation to 8:00 a.m. to 10:00 p.m. All carnivals must have written approval of the councilmember in whose ward the event is to be located and must obtain a temporary occupational license. 3. Off-site sales. Outdoor sales of goods by a business at a place other than the normal place of business, which owns or operates an ongoing licensed business with a fixed facility in the county may be permitted on property within the CG, CI, IL, and IH districts for a period of time not to exceed 30 days per calendar year. 4. On-site sales. Outdoor sales of goods by licensed businesses at their permanent location are permitted for a period of three days with a minimum of 30 days between sales. a. Food vending carts or trucks in conjunction with a permitted temporary use or event. Food vending carts or trucks approved by the county health department and the fire marshal may be permitted in conjunction with a permitted temporary use and must obtain a temporary occupational license. F. Permitted Temporary or Mobile Facilities. The following temporary or mobile facilities may be permitted in accordance with the following criteria. 1. Food vending carts and trucks not used in conjunction with a permitted temporary use or event. All food vending carts or trucks must be approved by the county health department. Approval by the county health department must be submitted to the director, as well as compliance with the following conditions, prior to issuance of an occupational license: a. Applicability. Food vending carts or trucks are a permitted use in the CG, CI, IL, and IH districts. b. Notarized letter. The applicant shall provide a notarized letter from the property owner giving permission for the use of the property. c. Code compliance. a) All food vending carts, trucks, vans and trailers shall be built in compliance with all applicable codes and shall be located in an area which does not detract in any way from visibility at intersections, block or cause blockage of any driveway, fire lane or fire hydrant, or cause any parking problem affiliated with any usage or patronage of the food vending cart, truck, van or trailer. b) The fire marshal shall inspect a temporary food vending cart, truck, van or trailer prior to issuance of the occupational license. The temporary food vending cart, truck, van or trailer shall be maintained in working order and shall not create an adverse view or vista. d. Site plan required. 1) A site plan shall be submitted showing the layout of the area, including the location of food vending carts, trucks, vans, trailers, parking spaces, aisle ways for pedestrians and any seating area. All carts, trucks, vans or trailers shall be located on an approved surface. The dimensions for setbacks shall be determined by the Community Development Director depending on the district where the vending cart, van or trailer is to be located. 2) All temporary food vending carts, trucks, vans or trailers shall be located in areas which do not detract in any way from visibility at intersections, block or cause FORT MYERS CHAPTER 118- LAND USE REGULATIONS ARTICLE 3- PERMITTED LAND USES obstruction to any driveway, fire lane, or fire hydrant, or cause any parking problem affiliated with any usage or patronage of the food vending cart. e. General requirements. 1) Support equipment and accessories shall not be placed around a temporary food vending cart, truck, van or trailer during operation and shall not extend more than three feet from the edge in any direction. 2) No temporary food vending cart, truck, van or trailer shall be placed within public rights-of-way. 3) Temporary food vending carts, trucks, vans or trailers shall be removed each evening. 4) Food vending carts, trucks, vans or trailers are temporary in nature, vesting no permanent rights, and the license to operate may be revoked for any reason by the community development director upon 30 days notice or without notice if the cart poses a health safety or welfare violation. The license may be revoked for a violation of any provision of this section or other applicable regulations. 5) Responsibility for sanitary facilities for employees rests with the business tax receipt holder. f. Movement of facility. If a food vending cart, truck, van or trailer is moved from either its designated place of business or its designated place of storage, the operator must notify the fire marshal in writing. In addition, a satisfactory inspection is required for the new location, including payment of any required fees for an inspection at the newly designated place of business and for an inspection at the newly designated place of storage. Transfer of permit. Permits will be issued for individual carts, trucks, vans or trailers at specified locations and will be nontransferable. Change in ownership of a cart, truck, van or trailer, or location shall require the owner to apply for a new permit. Permits and licenses are issued to individual temporary food vending carts, vans or trailers for specific locations and are not transferable. h. Number. There shall be no more than one temporary food vending cart, truck, van or trailer located within 150 feet of another temporary food vending cart, van or trailer. No individual temporary food vending cart, truck, van or trailer shall exceed 400 square feet in size. i. Signage. Advertising signs may be permitted upon the temporary food vending cart, truck, van or trailer and not on the sidewalk or street area. Alcohol. No alcoholic beverages are to be sold or consumed from temporary food vending carts, trucks, vans or trailers. 2. All other vending carts. All other vending carts, vans, trucks, trailers, wagons and the like, used for, but not limited to, the sale of flowers, souvenirs or paintings, and which are not part of a permitted special event or temporary outdoor activity are prohibited, except if granted by the city council. 3. On-site temporary signage. On-site temporary signage, including use of banners, shall be allowed for the duration of the temporary use and shall not require a permit. The location of the signage shall comply with the requirements set forth in subsection 126-91(c) and shall not create a nuisance or hazard to public safety. 9. J. MELBOURNE ARTICLE VII. - ACCESSORY AND TEMPORARY USES AND STRUCTURES Sec. 2. - Standards for specific accessory uses and structures. (G) Mobile catering kitchen. A mobile catering kitchen is a state -licensed mobile food dispensing vehicle that acts as an accessory kitchen that only vends through a restaurant, bar or brewpub to its patrons. A mobile catering kitchen must meet the following minimum standards: (1) Permits required. (a) State permit required. A mobile catering kitchen must hold a mobile food vehicle license for a mobile food dispensing vehicle (mobile unit), issued by the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. (b) City permit required. A mobile catering kitchen permit issued by the community development department is required. A mobile catering kitchen permit allows for a principal business to utilize one mobile unit as a mobile catering kitchen at a time; however, more than one mobile unit may be approved as part of the application and permit process to allow for rotating mobile units to serve the customers of the principal business. (2) Application. (a) .An application for a mobile catering kitchen permit to provide accessory cooking facilities to a licensed principal business (restaurant, brewpub or bar) shall be provided and processed by the community development department (department). The application shall include the following minimum information: 1. The name, address, and telephone number of the permit applicant, principal business owner, mobile unit owner, and property owner. 2. Written authorization from the property owner consenting to the mobile catering kitchen application, if the applicant is not the property owner. 3. A copy of the current business tax receipt for the principal business that the mobile catering kitchen will serve. 4. If applicable, a copy of any state alcoholic beverage license issued to the principal business or mobile unit. 5. A copy of the approved mobile food vehicle license and application package for any proposed mobile unit issued by the Division of Hotels and Restaurants, including the approved plan. 6. A drawing in engineering or architectural scale of the property on which the principal business is located, showing the layout and dimensions of existing buildings, parking spaces, approved vehicle use areas, landscape areas, and adjacent roadways; proposed location of the mobile unit; dimensions of the mobile unit; location of business doorways, trash receptacles, fire hydrants, public fixtures and any other obstructions within the parking or vehicle use area; and locations of water, sewer and electric connections, as applicable. The scale must be easily interpretable by the reviewer and must delineate curb locations, and property lines. 7. Photographs of the mobile unit depicting all sides, plus exterior dimensions of the vehicle and any signage. 8. Any additional information as may be required by the department which may be necessary to determine compliance with this section. (b) The application shall be accompanied by a non-refundable processing fee of $30.00. This review fee shall be in addition to the annual permit fee provided for in this section if the establishment of a mobile catering kitchen is approved. (c) The department shall review the application for compliance with all city codes. The code compliance and engineering departments will be involved in the review at the determination of the community development director. MELBOURNE ARTICLE VII. - ACCESSORY AND TEMPORARY USES AND STRUCTURES Sec. 2. - Standards for specific accessory uses and structures. (d) Once an applicant has submitted all required documents, met all conditions, and staff concurs with the issuance of a permit, the community development director shall issue a mobile catering kitchen permit. The mobile catering kitchen permit shall be valid for one year (October 1 through September 30). (e) Amendments to an approved application shall be accompanied by a non-refundable processing fee of $25.00. Any new mobile unit reviews shall be accompanied by a non- refundable processing fee of $25.00 each. (3) Permit. A mobile catering kitchen permit is issued to the principal business at their licensed address, and not directly to a mobile unit. (a) The mobile catering kitchen annual permit fee shall be $500.00. (b) The permit fee shall be paid on or before October 1 and shall cover the period from October 1 through September 30 of the following calendar year. For a permit issued after April 1 of the following year, one-half of the fee shall be paid. (c) A permit not renewed by October 1 shall be considered delinquent and subject to a penalty of $50.00 if paid within the month of October. If the permit is not renewed by November 1, the permit shall be revoked. (d) A permit may be transferred to a new owner for the location of the principal business listed on the permit under the following conditions: 1. The current permit holder must provide a written request to the department. 2. The transferred permit shall be valid only for the remainder of the period for which it was originally issued. 3. Permits issued under this section of code are non -transferable to another site. (e) The city may, at its sole discretion, revoke a permit upon 30 days' prior written notice to the permit holder. (4) Standards and criteria for application review. The following standards shall govern a mobile catering kitchen: (a) Permitted use. A mobile catering kitchen shall only be permitted as an accessory use to a licensed principal business (restaurant, brewpub or bar) with a current business tax receipt on the same property. The food prepared in a mobile catering kitchen must be vended only by the permitted principal business to the customers of that business. (b) Location : 1. A mobile catering kitchen must be located on a paved vehicle use area and, whenever practicable, to the rear or interior side of the principal building so as not to attract attention from the public. Exceptions will be considered on a case-by-case basis depending on site specifics. 2. A mobile catering kitchen shall meet the accessory structure setbacks of the zoning district in which it is located. 3. A mobile catering kitchen shall not be located in a parking space that is part of the required parking for businesses located on the subject property. However, if the principal business is located in the CB -OZ, the mobile catering kitchen may occupy one required parking space. 4. A mobile catering kitchen shall be located so as to provide adequate separation from other vehicles, and to not obstruct pedestrians, handicapped access, the vision of motor vehicle operators, or create other traffic hazards. Proper sight distances will be part of the review for pedestrian and vehicular safety. MELBOURNE ARTICLE VII. - ACCESSORY AND TEMPORARY USES AND STRUCTURES Sec. 2. - Standards for specific accessory uses and structures. (5) (6) (7) (c) Prohibited uses : 1. There shall be no display, advertising, or detached signs (other than the signs permanently affixed to the mobile catering kitchen). 2. There shall be no merchandise sales or display. 3. There shall be no tangible property, such as tables or chairs, or additional seating areas associated with the mobile catering kitchen, other than those approved for the principal business. 4. There shall be no direct sales or transactions from the mobile catering kitchen to customers or the general public. 5. A mobile catering kitchen permit does not allow for storage of an unused mobile unit; therefore, any permitted mobile catering kitchen shall not remain parked, stored or inoperable on the principal business property without being utilized as an accessory kitchen. (d) Number. A maximum of one accessory mobile catering kitchen per principal business may be allowed and not more than two per property. If more than one mobile catering kitchen is located on a property, a minimum ten -foot distance separation will be required between them. (e) Hours. A mobile catering kitchen shall only be permitted to operate during the operating hours of the principal business. Parking. No additional parking is required by the principal business utilizing a mobile catering kitchen. Safety. The mobile catering kitchen must meet all rules of the current Florida Fire Prevention Code adopted by section 28-44 of the city Code; all standards of the Florida Building Code adopted by appendix D, section 13-83 of the city Code; be licensed by the state after January 1, 2018; or meet the suppression requirements thereof. (h) Signage. Signage on a mobile catering kitchen should not be clearly visible from a public right-of-way. If directly visible from a public right-of-way, not including alleys, the unobstructed signage on the mobile catering kitchen is limited to 25 percent text on each side of the vehicle. Utilities. Each mobile catering kitchen must be self-sufficient per Florida Division of Hotels and Restaurants Regulations for a mobile food dispensing vehicle. Any connections to water, sewer, and/or electric may require a building permit. Revocation or suspension of a permit. A mobile catering kitchen permit may be revoked or suspended if it is found that: (a) The permit holder is in violation of any conditions outlined in the permit; or (b) The permit holder has failed to correct any violations of this section or conditions of the permit within 72 hours of receipt of a written notice issued by the department. Enforcement. The police department or any other authorized code enforcement officer is empowered to investigate any situation where a person is alleged to be violating this section. Penalty. A violation of this section shall be punished' as provided in section 1-14 of the Melbourne City Code, or F.S. ch. 162. (f) (g) (i) CITY OF MELBOURNE APPLICATION FOR A MOBLE CATERING KITCHEN PERMIT The City Melbourne allows a licensed restaurant, bar, or brewpub to utilize a mobile catering kitchen as an accessory kitchen. Please review these requirements and contact Community Development Department staff with questions: City of Melbourne Community Development Department 900 East Strawbridge Avenue, Room 316 Melbourne, FL 32901 (321) 608-7513 sandy.ramseth@mlbfl.org Attn: Sandy Ramseth, AICP, Planner Mobile Catering Kitchen A mobile catering kitchen is a state -licensed mobile food dispensing vehicle that acts as an accessory kitchen that only vends through a restaurant, bar or brewpub to its patrons. City permit required. A mobile catering kitchen permit issued by Community Development is required. A mobile catering kitchen permit allows for a principal business to utilize one mobile unit as a mobile catering kitchen at a time; however, more than one mobile unit may be approved as part of the application and permit process to allow for rotating mobile units to serve the customers of the principal business. Community Development will accept this application after all prerequisites have been completed and when it is submitted along with all required documents and is determined to be complete. All applications shall comply with Melbourne City Code, Appendix B, Article VII, Section 2(G). Application Submittal Requirements: An application for a mobile catering kitchen permit to provide accessory cooking facilities to a licensed principal business (restaurant, brewpub or bar) shall be provided and processed by the community development department (department). The application shall include the following minimum information: ❑ Complete application and authorization forms (Pages 5-7) ❑ A copy of the current business tax receipt for the principal business (restaurant, bar, or brewpub) that the mobile catering kitchen will serve. ❑ If applicable, a copy of any state alcoholic beverage license issued to the principal business or mobile food dispensing vehicle. ❑ A copy of the approved mobile food dispensing vehicle license and application package for any proposed mobile unit issued by the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, including the approved plan. ❑ A drawing in engineering or architectural scale of the property on which the principal business is located, showing: the layout and dimensions of existing buildings, parking spaces, approved vehicle use areas, landscape areas, and adjacent roadways; proposed location of the mobile unit; dimensions of the mobile unit; location of business doorways, trash receptacles, fire hydrants, public fixtures and any other obstructions within the parking or vehicle use area; and _ locations of water, sewer and electric connections, as applicable. The scale must be easily interpretable by the reviewer and must delineate curb locations, and property lines. ❑ Photographs of the mobile unit depicting all sides, plus exterior dimensions of the vehicle and any signage. ❑ Any additional information which may be necessary to determine compliance. ❑ A non-refundable processing fee of $30. This review fee is in addition to the annual permit fee, if the establishment of a mobile catering kitchen is approved. Updated 06/04/2018 Page 1 of 3 CITY OF MELBOURNE APPLICATION FOR A MOBLE CATERING KITCHEN PERMIT MOBILE CATERING KITCHEN PERMIT PROCEDURES A. Process o The department shall review the application for compliance with all city codes. The code compliance and engineering departments will be involved in the review at the determination of the community development director. o Once an applicant has submitted all required documents, met all conditions, and staff concurs with the issuance of a permit, the community development director shall issue a mobile catering kitchen permit. o The mobile catering kitchen permit shall be valid for one year (October 1 through September 30). o Amendments to an approved application shall be accompanied by a nonrefundable processing fee of $25. o Any new mobile unit reviews shall be accompanied by a non-refundable processing fee of $25 each. B. Permit and Fees o A mobile catering kitchen permit is issued to the principal business at their licensed address, and not directly to a mobile unit. o The mobile catering kitchen annual permit fee shall be $500, to be paid at time of permit approval. o The permit fee shall be paid on or before October 1 and shall cover the period from October 1 through September 30 of the following calendar year. For a permit issued after April 1 of the following year, one-half of the fee ($250) shall be paid. o A permit not renewed by October 1 shall be considered delinquent and subject to a penalty of $50 if paid within the month of October. If the permit is not renewed by November 1, the permit shall be revoked. o A permit may be transferred to a new owner for the location of the principal business listed on the permit under the following conditions: • The current permit holder must provide a written request to the department. • The transferred permit shall be valid only for the remainder of the period for which it was originally issued. • Permits issued under this section of code are non -transferable to another site. o The city may, at its sole discretion, revoke a permit upon 30 days prior written notice to the permit holder. C. Standards and Criteria for Application Review o A mobile catering kitchen shall only be permitted as an accessory use to a licensed principal business (restaurant, bar, or brewpub) with a current business tax receipt on the same property. o The food prepared in a mobile catering kitchen must be vended only by the permitted principal business to the customers of that business. o A mobile catering kitchen must be located on a paved vehicle use area and, whenever practicable, to the rear or interior side of the principal building so as not to attract attention from the public. Exceptions will be considered on a case-by-case basis depending on site specifics. o A mobile catering kitchen shall meet the accessory structure setbacks of the zoning district in which it is located. o A mobile catering kitchen shall not be located in a parking space that is part of the required parking for businesses located on the subject property. However, if the principal business is located in the CB -OZ, the mobile catering kitchen may occupy one required parking space. o A mobile catering kitchen shall be located so as to provide adequate separation from other vehicles, and to not obstruct pedestrians, handicapped access, the vision of motor vehicle operators, or create other traffic hazards. Proper sight distances will be part of the review for pedestrian and vehicular safety. o Prohibited uses: • There shall be no display, advertising, or detached signs (other than the signs permanently affixed to the mobile catering kitchen). • There shall be no merchandise sales or display. • There shall be no tangible property, such as tables or chairs, or additional seating areas associated with the mobile catering kitchen, other than those approved for the principal business. • There shall be no direct sales or transactions from the mobile catering kitchen to customers or the general public. Updated 06/04/2018 Page 2 of 3 CITY OF MELBOURNE APPLICATION FOR A MOBLE CATERING KITCHEN PERMIT • A mobile catering kitchen permit does not allow for storage of an unused mobile unit; therefore, any permitted mobile catering kitchen shall not remain parked, stored or inoperable on the principal business property without being utilized as an accessory kitchen. o A maximum of one accessory mobile catering kitchen per principal business may be allowed and not more than two per property. If more than one mobile catering kitchen is located on a property, a minimum ten -foot distance separation will be required between them. o A mobile catering kitchen shall only be permitted to operate during the operating hours of the principal business. o No additional parking is required by the principal business utilizing a mobile catering kitchen. o The mobile catering kitchen must meet all rules of the current Florida Fire Prevention Code adopted by section 28- 44 of the City Code; all standards of the Florida Building Code adopted by appendix D, section 13-83 of the City Code; be licensed by the state after January 1, 2018; or meet the suppression requirements thereof. o Signage on a mobile catering kitchen should not be clearly visible from a public right-of-way. If directly visible from a public right-of-way, not including alleys, the unobstructed signage on the mobile catering kitchen is limited to 25% text on each side of the vehicle. o Each mobile catering kitchen must be self-sufficient per Florida Division of Hotels and Restaurants Regulations for a mobile food dispensing vehicle. Any connections to water, sewer, and/or electric may require a building permit. D. Revocation or Suspension of a Permit o A mobile catering kitchen permit may be revoked or suspended if: • The permit holder is in violation of any conditions outlined in the permit; or • The permit holder has failed to correct any violations of this section or conditions of the permit within 72 hours of receipt of a written notice issued by the city. Updated 06/04/2018 Page 3 of 3 EXHIBIT C Proposed Land Development Code Revisions for Single Family Dwelling Minimum Unit Size OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS DIVISION 1. - GENERALLY Sec. 90-71. - Zoning districts established. The city is hereby divided into zoning districts designated as follows: (1) Residential single-family one (RSF 1) (2) Residential single-family two (RSF 2) (3) Residential mobile home (RMH) (4) Residential multiple -family (RMF) (5) Commercial professional and office (CPO) (6) Light commercial (CLT) (7) Heavy commercial (CHV) (8) Central business (CBD) (9) Industrial (IND) (10) Public use (PUB) (11) Planned unit development (PUD) Sec. 90-72. - Zoning map established. (a) The official zoning map of the city is established and shall be made a part of, and incorporated into, the regulations of this chapter, and shall be part of the public record. (b) The zoning map shall be available for public inspection at the city hall, and shall be the final authority as to the current zoning status of land. The zoning map shall be maintained by the city clerk who is the custodian thereof, and in whose office the map shall be kept. (c) Zoning districts are bounded and defined, as shown on the official zoning map. (d) No changes to the zoning map shall be made except in compliance with procedures set forth in the regulations of this chapter. When changes are made in district boundaries, such changes shall be made promptly on the zoning map after adoption of the amendment. Sec. 90-73. - Interpretation of zoning district boundaries. Interpretations of zoning district boundaries on the zoning map shall be made as follows: (1) Boundaries following a street shall be construed as following the street centerline. (2) Boundaries following a property or section line shall be construed as following such line. (3) Boundaries following a natural feature shall be construed as following such feature. Sec. 90-74. - Zoning of annexed land. Land which may be annexed into the city shall be placed into the nearest comparable zoning district to its previous county zoning. Annexed land zoned agricultural in the county shall be placed into the OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS residential single-family one zoning district until changed by the city council. The provisions of F.S. ch. 171 shall otherwise prevail on all issues of annexation. Sec. 90-75. - Maximum residential dwelling units densities. For the purposes of calculating the maximum allowable number of dwelling units per acre of undeveloped land in various residential zoning districts, the following densities shall be used: Residential Zoning District Code Density du/ac Comprehensive Plan Category (1) Residential single-family one RSF 1 (2) Residential single-family two RSF 2 (3) Residential mobile home RMH (4) Residential multiple -family RMF 4 6 6 10 Single-family residential Multifamily residential Single-family residential Multifamily residential Sec. 90-76. - Maximum affordable housing dwelling unit densities. Residential developments which qualify as affordable housing are allowed a density bonus. Where at least ten percent of total housing units in a development qualify as affordable housing, the density of the site devoted to such housing may be increased by one dwelling unit per acre as follows: (1) Residential Zoning District Residential single-family one (2) Residential single-family two (3) Residential multiple -family Affordable Housing Code Density du/ac RSF 1 5 RSF 2 7 RMF 10 Comprehensive Plan Category Single-family residential Multifamily residential Multifamily residential Sec. 90-77. - Maximum redevelopment area dwelling unit densities. Residential developments which qualify as substandard are allowed a density bonus when cleared and renewed. Such residential areas may be increased by one dwelling unit per acre as follows: Redeveloped Housing Residential Zoning District Code Density du/ac (1) Residential single-family one RSF 1 5 (2) Residential single-family two RSF 2 7 (3) Residential multiple -family RMF 11 Sec. 90-78. - Standards for single family dwelling units. Comprehensive Plan Category Single-family residential Multifamily residential Multifamily residential OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS This part sets forth the minimum standards for residential single family dwellings. Townhouses, trailers, mobile homes, and manufactured housing as defined in section 66-1 Land Development Regulations shall be subject to this part. Except as specifically set out in this Code. no mobile home, manufactured home, trailer, travel trailer, recreational vehicle (RV), park model recreational vehicle. building. or other structure shall be used for sleeping or dwelling purposes in the city. Sec. 90-79. - Dwelling foundations. Properly designed and constructed foundations are essential for the public safety and welfare. Regardless of the method of housing construction. securely anchored and installed dwelling units serve not only to reduce the likelihood of widespread hurricane or storm damage but contribute to architectural and aesthetic compatibility important to the long term value and viability of neighborhood communities. The following foundation and onsite installation requirements are intended to be reasonable, uniformly applied and enforced without distinction as to the type of dwelling unit. (1) Foundation requirements for single family dwellings in all zoning classifications except residential mobile home (RMH). a. Foundation and elevation requirement. All dwelling units shall be placed on a foundation in accordance with the Florida Building Code; or the codes adopted by section 66-10 Land Development Regulations; or for manufactured homes shall be set up in accordance with the Permanent Foundations Guide for Manufactured Housing, issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter 15C-1, F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material and shall be prepared to ensure drainage as required by applicable codes and approval of the city building official and the technical review committee. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city. must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12 -inches above the crown of the roadways immediately adjacent to such lot or area. The city reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height. b. Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall be compacted as follows: 1. Remove any organic topsoil and other deleterious materials to their horizontal and vertical extremities to three -feet beyond concrete slab lines. 2. Compact the entire area under the concrete slab as needed to achieve a compaction of at least 95 percent of ASTM D1557 maximum density. Place fill as needed in not greater than 12 -inches compacted thickness layers. Minimum compaction density shall be 2.000 psf. c. Perimeter footer. A perimeter footer, where required by the Florida Building Code, shall be in accordance with the Florida Building Code. d. Piers and blocking. Where piers or blocking are utilized to elevate structure from the slab, poured concrete runners or finished grade, support and anchoring/tie-down of the structure shall be in accordance with the Florida Building Code requirements incorporated by section 66-10, Land Development Regulations; or the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989); or the manufacturer's specifications provided they meet or exceed the requirements of the F.A.C. Stabilizing plates or collars shall be required where auger anchors are used. Where piers and blocking are utilized, the following shall be required: 1. The site shall be graded to ensure adequate drainage away from the unit; OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS 2. All piers must have the top course filled with concrete or have a solid cap block: 3. The maximum proposed pier height and the maximum pier height beyond which the manufacturer requires or recommends that an engineer design the foundation shall be indicated on the development permit application; 4. Where a concrete slab or the interior poured runners are not used. the development permit application shall indicated the bearing capacity of the soil and the methodology used to determine that bearing capacity: 5. The development permit application shall include the calculations used to determine the sizing and spacing of footers required based on the soil bearing capacity and based on other criteria of the manufacturer, such as piers required to support sidewall openings, heavy appliances or other load bearing points. The relevant pages from the manufacturer's specifications shall be included with the application. with the appropriate calculations and guidelines highlighted. A plot plan or site elan shall indicate the number, location and construction of proposed piers and footings; 6. The development permit application shall indicate the type and model of anchor to be used, the .au.e and model of the strap to be used the soil t .e the methodology used to determine the soil type: and 7. The development permit application shall include all relevant pages from the manufacturer's specifications and highlight the specific methods to be used to assemble double -wide or larger units, and to connect utility systems. e. Crawl space and closure wall. A crawl space shall be defined as the area between the slab or finished grade and the floor of any structure elevated above that slab or finished grade. A closure wall shall be defined as the load bearing or non load bearing wall structurally attached between the floor or bottom of the structure and the required perimeter footer, perimeter runner or the ground. Where a slab is used, and where load bearing points are interior to the perimeter slab, a perimeter footer or concrete runner is not required. and the closure wall shall be attached to the slab. All dwelling units installed or constructed with a crawl space of less than seven feet in height shall have a closure wall constructed of one of the following: 1. Brick. 2. Concrete block or poured concrete finished by painting or extending the dwelling siding to the slab or footer. Where the slab or footer is more than eight inches of the finished grade level. 3. Frame and sheathing finished with either lathe and stucco or by extending the dwelling siding to the slab or footer. Where the slab is more than eight inches above the finished grade level, the siding shall extend to within eight inches of the finished grade level. 4. Framing, lathing and stucco in accordance with Florida Building Code requirements incorporated by section 66-10. Land Development Regulations. 5. Continuous interlocking vinyl skirting provided that the skirting is architecturally compatible with the residential dwelling, and provided that the following minimum specifications are met: panel thickness shall be at least .035 inches; top front and top back rail thickness shall be at least .050 inches; and bottom rail thickness shall be at least .045 inches. A crawl space enclosed by vinyl skirting shall not exceed 28 -inches in height from the finished grade to the floor of the dwelling. Perforated panels may be used for ventilation, provided that such panels shall not exceed 30 percent of the total number of panels per side of the dwelling. Vinyl skirting shall be attached to the perimeter concrete footer or runner where a footer or runner exists or is required to exist. The skirting shall be fastened using less than %-inch in diameter or by rust expansion anchors no less than 5/16 -inch in diameter. The fasteners shall be spaced OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS no more than 18 -inches apart. Where no perimeter concrete footer or runner exists, or is required to exist, vinyl skirting shall be attached to the ground using rust -resistant ground spikes no less than eight inches in length and spaced no more than 18 -inches apart. Any access point in the closure wall shall be fitted with a removable panel or door and shall be similar in appearance with the remaining wall unless a vent is used as an access point. No more than a single three-foot access point per side shall be permitted. Dwelling units to be installed or constructed with a crawl space of seven feet or greater in height shall be submitted to the city building official engineering plans demonstrating compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the building official may be appealed to the Board of Adjustments and Appeals as provided in section 70-371, Land Development Regulations. f. Standard codes. All foundation types shall meet the Florida Building Code requirements incorporated by section 66-10 Land Development Regulation. (2) Foundation and elevation requirements for residential mobile home (RMH) zones. a. All dwelling units shall be placed either on a permanent reinforced concrete slab as described in subsection (1) of this section, or on poured concrete strip footers with blocking and tie -down as provided in subparagraph c. below, or may be set up according to the manufacturer's specifications, units may be set up in accordance with Chapter 15C-1, F.A.C., Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12 -inches above the crown of the roadways immediately adjacent to such lot or area. The city reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height. b. Either foundation type shall meet the Florida Building Code requirements incorporated by section 66-10 Land Development Regulations. c. Blocking and tie -down shall be in accordance with provisions of the Florida Building Code requirements incorporated by section 66-10 Land Development Regulations for conventional construction; chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code) for manufactured housing. Stabilizing plates or collars shall be required where auger anchors are used. In addition, the requirements of (section) 90-168(1)d.1.-7. above must also be met. d. Where a crawl space exists, the crawl space shall be enclosed by a bearing or non-bearing perimeter concrete, lathe and stucco, masonry or architecturally compatible skirting/enclosure. Extending the unit siding to the ground as described in section 90- 169(4) shall be permitted skirting/enclosure provided it is securely fastened to the ground. (3) Foundation requirements for mobile home and manufactured home parks. Regardless of zone, mobile home parks are designed for transitory use by mobile and manufactured homes. Accordingly, the requirements of subsections (1) and (2) above to the contrary notwithstanding, where a manufactured home or mobile home is to be located inside a mobile home or manufactured home park as defined in Section 66-1 Land Development Regulations, mobile home or manufactured home blocking and tie -down shall be in accordance with the provisions of chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code). All such units shall be fully skirted. Stabilizing plates or collars shall be required where auger anchors are used. Prior to the poring of any concrete or the placement of concrete blocks OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS or footings, the area under which concrete will be placed shall be clear of all organic material. In, addition the requirements of (section) 90-168(1)d.1.-7. above must also be met. (4) Foundation requirements for miscellaneous dwellings. Foundation requirements for dwelling units not classified by subparagraphs (1) through (3) above shall be as described in subparagraph (1) above regardless of zone. Sec. 90-80. - Appearance and design standards. Any single-family dwelling located in a RSF-1; RSF-2; RMF; or RMH, zoning district shall comply with the following appearance and design standards. (1) Minimum floor area. The minimum floor area shall be calculated to, include the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site. (2) Roof overhang. All main buildings shall have a pitched roof with a 12 -inch roof overhang on two sides of the dwelling's perimeter walls and a minimum of a six-inch roof overhang on the remaining two sides such that the overhang is architecturally integrated into the design of the dwelling. Where the design of the dwelling is such that there are more or less than the four sides, the City Building Official shall determine the overhang necessary for each side pursuant to subsection 90-169(1). • (3) Roofing material. All main buildings and all garages or carports shall have a roof surface of wood shakes, asphalt, composition or wood shingles, clay, concrete tiles, slate, or built-up gravel materials. (4) Siding materials. All main buildings and all garages shall have exterior siding material consisting of either wood, masonry, concrete, stucco, masonite, fiberglass, vinyl, or metal lap shall exclude smooth, ribbed or corrugated metal or plastic parts. The exterior siding cannot have a high -gloss finish and must be residential in appearance. The exterior siding material shall be extended to ground level, except when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation. (5) Design suitability. The city recognizes that mobile home/modular homes/manufactured housing units may be constructed in areas outside the State of Florida, and such units are sold for their final destination in Florida. Any such home sought to be permitted within the City of Okeechobee must comply with this Code, and any other applicable building Codes in effect for South Florida that pertains to mobile homes/modular homes/manufactured housing. (6) Minimum width. The minimum width and depth of a dwelling located on a lot outside of a mobile home park or subdivision shall be 20 -feet. 17) Wheels and axles. All mobile home, manufactured home, or trailer tow bars, wheels and axles shall be removed when the dwelling is installed outside a mobile home park or subdivision. Trailer tow bars and wheels shall be removed when the dwelling is installed within a mobile home subdivision. (8) Relocation and installation of used dwelling units. Any used dwelling unit built and remaining in compliance with the Florida Building Codes incorporated by section 66-10 Land Development Regulations, or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of section 90-170 of this Code, shall be eligible for relocation and/or placement, replacement, installation, or reinstallation in any residential zoning district in accord with regulations as established by the Schedule of District Regulations upon demonstration of continued compliance with the applicable building codes and standards as well as compliance with the Appearance and Design Standards of this section and with the provisions of section 90-169 of this Code. There shall be a rebuttable presumption that a unit that is five years of age or less as of the date of OKEECHOBEE CHAPTER 90- ZONING ARTICLE 111 - DISTRICTS AND DISTRICT REGULATIONS application meets the appearance and design standards of the city or the minimum applicable building codes. Except as otherwise permitted by this subsection, no used dwelling unit shall be placed. replaced, located, relocated, installed or reinstalled from the site upon which it was first placed, constructed or installed. a. An application shall be submitted which contains the following: 1. The applicant's name and address and a statement of ownership, 2. Legal description. street address, lot number and subdivision name, if any, of the property upon which the dwelling is to be located. 3. Size of the property in square feet and acres. 4. Statement describing the type and dimensions of the dwelling proposed to be relocated on the property. 5. Elevations and photographs of all sides of the dwelling proposed to be relocated on the property. 6. A statement describing the exterior dimensions and roof sloop of the dwelling proposed to be relocated on the property. 7. A description of the exterior finish of the dwelling, including exterior walls and roof. 8. A description of the dimensions of the dwelling. 9. Proof that the dwelling continues to meet either the Florida Building Codes incorporated by section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. 10. A site plan drawn to scale illustrating the proposed use and including the following: i. Location of the property by lot number. block number and street address, if any. ii. The dimensions of the lot or parcel of land on which the manufactured home is to be located. iii. The proposed location of the dwelling on the property, including all setback information. 11. A schematic design of the dwelling showing the roof, siding and other improvements. 12. An engineering or architectural plan of the foundation to be utilized. 13. Such other plans. surveys and documentation as may be required pursuant to section 66-10 Land Development Regulations. 14. For purposes of notification, the names and addresses of property owners, as they appear on the latest tax roll of Okeechobee County, within 150 -feet of the subject property. b. Procedure For Review of Application for used units that were constructed or manufactured more than five -years from the date that a complete permit application is submitted. 1. Within ten -days after an application has been submitted, the city building official shall determine whether the application is complete. If the building official determines the application is not complete, he shall send a written statement specifying the applicant's deficiencies to the applicant by mail. The building official shall take no further action on the application unless the deficiencies are remedied. 2. Within 30 -days after the city building official determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the appearance and design standards of this section and whether the unit is consistent with and compatible with surrounding units at the proposed relocation site OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS and whether the unit is consistent with and compatible with the general character of the neighborhood or community. 3. Following the determination of compliance, the city building official shall place the application for the determination of suitability for dwelling unit relocation on the agenda of the next available regular meeting of the board of adjustments and appeals in accordance with the procedures contained in this Code. Notice of public hearing shall be given as provided in section 70-371 Land Development Regulations. 4. The board of adjustments and appeals shall determine whether the dwelling unit continues to meet the Florida Building Codes incorporated by section 66-10 Land Development Regulations. or Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of section 90-170 of this Code and the appearance and design standards of this section, and whether the unit is consistent with and compatible with the general character of the neighborhood or community. Within a reasonable time of the conclusion of a public hearing, the board of adjustments and appeals shall make a determination as to whether the dwelling unit meets the standards described in this section. Appeals of the board's determination shall be in accordance with the provisions of section 70-371 Land Development Regulations. 5. Notification of the board's decision shall be mailed to the petitioner and filed with the city building official. 6. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met, and subject to any conditions that the board of adjustments and appeals may impose. Where such conditions require repairs, renovations, construction or other like activity in order to meet appearance and designs standards or minimum code compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit. and shall be 110 percent of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed by the board, including any established time frame for their completion, the applicant shall forfeit the security and the city may initiate action to demolish, remove and dispose of the unit and appurtenances. 7. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of noncompliance was the failure to meet the Florida Building Codes incorporated by section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of noncompliance was the failure to meet the appearance and design standards of this section or the failure to determine to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a residential mobile home (RMH) zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for the location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a residential mobile home (RMH) district. c. Procedure for review of application for used units that were constructed or manufactured five years or less from the date that a complete permit application is submitted. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS 1 VVithin ten days after an application has been submitted, the city building official shall determine whether the application is complete. he shall send a written statement specifying the application's deficiencies to the applicant by mail. The building official shall take no further action on the application unless the deficiencies are remedied. Z. Within 30 days after the city building official determines the application is complete, he shall review the application and shall determine whether the dwelling unit continues to meet the standard building codes incorporated by section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of section 90-169 of this Code and the appearance and design standards of this section. and whether the unit is consistent with and compatible with the general character of the neighborhood or community. 3. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met. and subject to any conditions that may be imposed to ensure compliance with applicable city regulations. Where such conditions require repairs, renovations, construction or like activity in order to meet appearance and design standards or minimum code compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be 110 percent of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean-up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed, including any established time frame for their completion, the applicant shall forfeit the security and the city may initiate action to demolish, remove and dispose of the unit and appurtenances. 4. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of noncompliance was the failure to meet the Florida Building Codes incorporated by section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of noncompliance was the failure to meet the appearance and design standards of this section or the failure to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or community. the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a residential mobile home (RMH) zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for the location, relocation, placement. replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a residential mobile home (RMH) district. 5. An affected party may file an appeal of a final determination to the board of adjustments and appeals as established by section 70-375 and 70-376 Land Development Regulations. K9) Deviations. The city building official may approve deviations from one or more of the appearance and design standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the building official may be appealed to the board of adjustments and appeals as provided in section 70-371 Land Development Regulations. (10) Minimum floor area exemptions. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS a. The city is periodically the recipient of federal and state community development block grants that are a great benefit to the city and its citizens. The maximization of the impact of these, and other similar funds is in the best interest of the citizens of the city. As such, the minimum floor area of a dwelling units described in subsection 90-169(1) of this article shall be reduced from 800 square feet to 600 square feet in the case of construction funded or assisted by a community development block grant or similar federal or state grant. b. As a transitional measure to lessen the immediate cost and disruption to conforming sites. any existing single family dwelling. mobile home, manufactured home. or trailer having less than 1.000 square feet that was lawfully placed upon a conforming lot or parcel in accordance with applicable codes prior to adoption of the City Land Development Regulations may be replaced with an otherwise conforming dwelling unit of not less than 800 square feet. For the purpose of this section only. the roof overhang requirements herein shall be reduced to a minimum of 12 -inches on two sides and zero inches on the remaining two sides and the minimum width requirement herein shall be reduced to 12 feet. (11) Restrictions on land use. The city recognizes that certain landowners, mobile home parks, and others may have placed land use restrictions by recorded deed restrictions or pursuant to homeowners association by-laws, that may or may not be recorded of record, that effect the ability of a unit owner to place a mobile home/manufactured housing unit on such lands, and that these restrictions may contain design or other standards contrary to those required in this Code. While the city will attempt to honor such recorded or non -recorded restrictions on a case by case basis, the burden is on each applicant to discover and deliver to the city all such restrictions that may affect the lands, and the city will not acknowledge any responsibility or liability for an application that is inaccurate or incomplete in this regard. Sec. 90-81. - Minimum code compliance review. (a) Generally. All mobile homes, manufactured homes, trailers, buildings, or other structures used or intended to be used for human habitation or the storage of materials associated with human habitation in the city should be reviewed to ensure that they provide the basic minimum housing and building construction standards essential for safe and healthful living. To facilitate such a review, no mobile home, manufactured home, trailer or building shall be located, placed, deposited. installed or connected or reconnected to utilities in the city unless and until said mobile home. manufactured home, trailer or building has been either inspected or exempted in accordance with the provisions of this section. Any person or corporation transporting, installing or connecting to utilities a mobile home, manufactured home, trailer or building in violation of this section shall be subject to fine and/or imprisonment in accordance with sections 66-10 and 18-31 through 18-75, Land Development Regulations. (b) New dwelling units. All new manufactured homes built in compliance with the Manufactured Home Construction and Safety Standards (HUD Code). Chapter 320. Florida Statutes and provisions of the Florida Administrative Code pertaining thereto shall be presumed to comply with the minimum standards of this Code upon written certification by a mobile home or manufactured home dealer licensed under Chapter 320, F.S. That the mobile home or manufactured home was constructed and remains in compliance with said statutes and codes. Additionally, any permit application intending or proposing to place, replace, construct, reconstruct, locate, relocate, install or reinstall a new manufactured home or building in the City of Okeechobee must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone II as established by HUD regulations CFR Part 3280, Sections 3280.305 and 3280.306, or the equivalent code, statute or regulation to which the construction of a particular building or structure is subject. (c) Used dwelling units. This section applies to trailers, mobile homes. and used manufactured homes and buildings and shall ensure safe and liable housing. The provisions of this section shall not be OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS construed to be more stringent than those standards required to be met in the manufacture or construction of new dwelling units. (1) All trailers, mobile homes, and used manufactured homes and buildings located within the City of Okeechobee on the effective date of this Code shall be inspected by the city department of planning and development prior to being transported, reinstalled or relocated in the city. The person transporting or relocating the structure shall make application with the building department and pay the applicable fees including mileage, in full, for the off-site inspection. The off-site inspection shall ensure that trailers, mobile homes, or used manufactured homes and buildings will meet the requirements of this Code or any code incorporated by reference into this Code but said requirements shall not by construed to be more stringent than the code to which the unit was originally constructed. (2) AH used trailers, mobile homes and used manufactured homes and buildings prior to being transported into the city for the purpose of installation. use as a dwelling or resale within the city shall have an architect or professional engineer registered in the state certify that the trailer, mobile home or used manufactured home or building is in compliance with this Code or any code incorporated by reference into this Code and affix his impression -type seal and registration number, telephone number and address. Any permit application intending or proposing to import into the city from outside of the city a trailer, mobile home, or used manufactured home or building must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone I! as established by HUD regulations CFR Part 3280. Sections 3280.3005 and 3280.306, or the equivalent code, statute or regulation to which the construction of the particular building is subject. Upon meeting applicable requirements and subsequent relocation to the city, the provisions in paragraph (1) above shall apply. Upon city inspection, failure to meet the requirements of this Code shall require the immediate disposal of the unit or removal of the unit from the City of Okeechobee. (3) The city building official may establish agreements of reciprocity with other cities and municipalities within this state to conduct inspections required by this section. (4) Due to the lack of federal building and safety standards for transportable structures manufactured prior to June 15, 1976, as well as the adoption of local Florida Building Codes (see section 66-10 Land Development Regulations) that for the most part would prohibit such structures, any mobile home manufactured prior to June 15, 1976 shall be imported into the City of Okeechobee for use or resale as a dwelling either temporarily or permanently, nor shall any mobile home manufactured prior to June 15, 1976 be installed, reinstalled, located, relocated, placed or replaced within the City of Okeechobee, or moved from one location in the city to another location in the city. The sale, resale, installation or transportation of a mobile home in violation of this subsection is strictly prohibited. The city building official may grant limited waivers for the sole purpose of transporting a substandard mobile home out of the City of Okeechobee or to a permitted site for demolition and disposal. (d) Standards for review. (1) Trailers, mobile homes and used manufactured homes and buildings shall meet the following standards for safety and structural adequacy. a. Exterior exit doors, including sliding glass doors, shall be in good and safe working order. b. Exterior doors shall have safe and operable locks. c. If constructed after June 15, 1976, shall have operable egress windows or an exterior egress door located in each sleeping room. d. All windows and operators shall be safe and operable and all glass in place. e. Screens shall be on each window. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS All floors shall be of solid decking. All holes or damages floors caused by leaks or broken decking shall be replaced or repaired. as needed. q. All interior wall coverings shall be in place. h. The bottom board covering the floor joist shall be insect proof and rodent proof throughout, and securely sealed. i. The roof shall be in good condition with no apparent leaks. 1. There shall be at least three over -the -roof tie down straps, properly spaced and in good condition, on every single -wide mobile home. All double -wide mobile homes that were factory equipped with over -the -roof tie down straps must meet manufacturer's specifications. I<. All running gear such as axles. wheels and springs shall be in good and safe working order. I. Chassis and hitch assemblies shall be in a safe, undamaged condition. m. The exterior wall covering shall be as necessary to prevent the entrance of water. (2) Trailers. mobile homes or used manufactured homes and buildings shall meet the following standards for plumbing adequacy: a. All plumbing fixtures shall be in place and in good workable condition. b. The relief valve on the water heater shall have unthreaded three -quarter -inch drain pipe extended beneath the mobile home. (3) Trailers. mobile homes or use manufactured homes and buildings shall meet the following standards for heating system adequacy: a. All heating appliances shall be in place and in good and safe workable condition. b. All duct systems shall be in place and in good workable condition. (4) Trailers, mobile homes or use manufactured homes and buildings shall meet the following standards for electrical system adequacy: a. All shall comply with the provisions of article 550 of the National Electrical Code. b. Distribution panel boards shall be properly installed, complete with required breakers or fuses. with a II unused openings properly covered. c. All electrical fixtures shall be safe and properly installed. (5) All electrical outlets shall be of the grounded type. (6) All trailers, mobile homes or used manufactured homes and buildings shall have approved smoke detectors located outside of each sleeping area. (e) Certificate of inspection. Upon satisfactory completion of the inspection described in this section, receipt of a satisfactory written inspection report from a County or municipality of this state. satisfactory written certification from an engineer in accordance with subsection (c)(2); above, or the satisfactory written certification from a licensed mobile home dealer, the city building official shall issue a permit authorizing transportation and installation of the trailer, mobile home. manufactured home or used manufactured home or building. Provided however no such permit shall be issued until the site on which the unit is to be place is determined by the building official to be in compliance with all provisions of this Code. All permits shall be issued until the site on which the unit is to be placed is determined by the building official to be in compliance with all provisions of this Code. All permits shall be valid only for the site inspected. Any subsequent relocation of the trailer, mobile home, manufactured home or used manufactured home or building shall require another inspection and permit prior to removal or transportation. OKEECHOBEE CHAPTER 90- ZONING ARTICLE I11. - DISTRICTS AND DISTRICT REGULATIONS (f) Minimum code review required. Any building or structure used or intended to be used for human habitation or the storage of materials associated with human habitation not otherwise reviewed in accordance with this section shall be inspected to ensure that they comply with basic minimum standards prior to the installation, connecting or provision of utilities in accordance with the provisions of the Florida Building Code. See section 66-10, Land Development Regulations. A certificate of inspection shall be issued by the building official, or as other applicable provisions of this Code shall apply. Sec. 90-82. - Governmental use. Any agency of municipal, county, state or federal government may utilize a mobile home, manufactured home, recreational vehicle, or other type of trailer for temporary purposes in the City of Okeechobee, providing such uses shall not be or include a residential or dwelling use. On governmentally owned land within the city by anv. county, state, or federal government may utilize a mobile home, manufactured home or recreational vehicle for residential uses. subject to a showing that all other applicable regulations, such as those on health and sanitation. have been rnet. Sec. 90-83. - Recreational vehicles. (a) Use of a dwelling. No recreational vehicle as defined in section 66-1, Land Development Regulations shall be used for dwelling purpose within the City of Okeechobee unless locate within a licensed recreational vehicle park, subdivision. or campground. (b) Appurtenances to recreation vehicles. Upon application and receipt of a permit from the building department appurtenances such as garages, carports. Florida rooms, screened rooms, sun rooms, greenhouses, cabanas, or patios (excluding kitchen and cooking facilities) may be place along with any recreational vehicle unless specifically prohibited in subsection (c) below. in no event shall the combined square footage of all structures. including the recreational vehicle, exceed two, 100 square feet or a 60 percent lot coverage whichever is less, nor shall the total of all impervious surfaces exceed 70 percent lot coverage. Unless prohibited b7 subsection C below, recreational vehicles may be placed on a foundation and tied -down as provided in the Florida Administrative Code provided they are fully skirted. (c) Exception to appurtenances and foundation. No foundations or external appurtenances shall be constructed or placed along with any camping trailer, truck camper, motor home, private motor coach or van conversion as defined in Section 66-1 Land Development Regulations. (d) Tie down of recreational vehicles. Any recreational vehicle stored or remaining on a site for longer than six months shall obtain a permit and be tied down utilizing approved straps and anchors. This subparagraph shall not be deemed to authorize the use of such vehicle for year round occupancy in violation of this Code. The city building official may require tie down of recreational vehicles that have not yet been located on a site for six months where: (1) The nature of extent of appurtenances would indicate a likelihood that the recreational vehicle will remain for greater than six months, or (2) The recreational vehicle is moved or relocated in such a manner that the intent of this subsection to provide for the Public Safety is evaded. (e) Use as a permanent residence. No recreational vehicle, regardless of size, extent or appurtenances or the fact that it is placed on a foundation, shall be used within the City of Okeechobee as a permanent residence as defined by Section 196.012, Florida Statutes. Secs. 90-- 84-90-100. - Reserved. DIVISION 2. - RESIDENTIAL SINGLE-FAMILY ONE (RSF 1) DISTRICT Sec. 90-101. - Generally. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (a) Residential single-family one (RSF 1) zoning districts shall be permitted only on land designated as future land use category single-family residential in the comprehensive plan. (b) Uses in residential single-family one (RSF 1) zoning districts shall be subject to the regulations of this division. Sec. 90-102. - Permitted uses. The following principal uses and structures are permitted in the RSF 1 district: (1) Single-family dwelling. (2) Public and private schools. (3) House of worship, on a lot at least five acres. (4) Open space. (5) Public facility or use. (6) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, 2013. Sec. 90-103. - Special exception uses. The following uses and structures are permitted in the RSF 1 district after the issuance of a special exception use petition: (1) Boardinghouse. (2) Bed and breakfast establishments with six or fewer sleeping rooms. (3) Adult family care homes or assisted living facilities as provided by law. (4) Guesthouse, servant's quarters, or pool house, provided that the lot area shall be not less than 12,500 square feet. (5) House of worship, on a lot Tess than five acres. (6) Community center. (7) Indoor recreation. (8) Outdoor recreation. (9) Golf course. (10) Public utility. (11) Permitted uses in excess of 30 feet in height. Sec. 90-104. - Customary accessory uses. Each permitted principal use and special exception use in the RSF 1 district is also permitted to have the customary accessory uses for that use. Sec. 90-105. - Lot and structure requirements. (a) Minimum lot area. Except where further restricted by these regulations for a particular use, minimum requirements for the RSF 1 district shall be as follows: (1) Single-family dwelling: Area 10,000 square feet Width 75 feet OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (2) Other permitted principal uses: Area 20,000 square feet Width 100 feet (b) Minimum yard requirements. The minimum yard requirements in the RSF 1 district, except where a greater distance is required by yard setbacks, shall be as follows: (:1) Single-family dwelling: Front 25 feet Side 10 feet Rear 10 feet (2) Other permitted principal uses: Front 25 feet Side 20 feet Rear 20 feet (c) Maximum lot coverage by all buildings. Maximum lot coverage by all buildings in the RSF 1 district shall be as follows: Maximum Coverage Maximum Impervious Surface (1) Single-family dwelling: 45 percent 55 percent (2) Other permitted principal uses: 25 percent 55 percent (d) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures in the RSF 1 district shall be as follows: (1) Single-family dwelling: 30 feet, unless a special exception is granted (2) Other permitted principal uses: 30 feet unless a special exception is granted (e) Single family dwelling minimum unit size. 1,000 square feet: Sec. 90-106. - Additional regulations. Additional regulations which shall apply to all uses in the RSF 1 district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. Secs. 90-107-90-130. - Reserved. DIVISION 3. - RESIDENTIAL SINGLE-FAMILY TWO (RSF 2) DISTRICT Sec. 90-131. - Generally. (a) Residential single-family two (RSF 2) zoning districts shall be permitted only on land designated as future land use category multifamily residential in the comprehensive plan. (b) Uses in residential single-family two (RSF 2) zoning districts shall be subject to the regulations of this division. Sec. 90-132. - Permitted uses. The following principal uses and structures are permitted in the RSF 2 district: (1) Single-family dwelling, zero lot line single-family dwelling. (2) Public and private schools. (3) House of worship, on a lot of at least five acres. (4) Open space. (5) Public facility or use. Sec. 90-133. - Special exception uses. The following uses and structures are permitted in the RSF 2 district after issuance of a special exception use petition: (1) Boardinghouse. (2) Bed and breakfast establishments with six or fewer sleeping rooms. (3) Adult family care homes or assisted living facilities as provided by law. (4) Guesthouse, servant's quarters, or pool house, provided that the lot area shall be not less than 12,500 square feet. (5) House of worship on a lot Tess than five acres. (6) Community center. (7) Indoor recreation. (8) Outdoor recreation. (9) Golf course. (10) Public utility. (11) Permitted uses in excess of 30 feet in height. Sec. 90-134. - Customary accessory uses. Each permitted principal use and special exception use in the RSF 2 district is also permitted to have the customary accessory uses for that use. Sec. 90-135. - Lot and structure requirements. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (a) Minimum lot area. Except where further restricted by these regulations for a particular use, the minimum requirements for lot area in the RSF 2 district shall be as follows: (1) Single-family dwelling: Area 6,250 square feet (1) Single-family dwelling: Width 50 feet (2) Other permitted principal uses: Area 20,000 square feet Zero lot line single-family dwelling: Width 100 feet (b) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RSF 2 district shall be as follows: (1) Single-family dwelling: Front 25 feet (1) Single-family dwelling: Side 10 feet (2) Other permitted principal uses: Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet (2) Other permitted principal uses: Front 25 feet Side 20 feet Rear 20 feet (c) Maximum lot coverage by all buildings. Maximum lot coverage by all buildings in the RSF 2 district shall be as follows: (d) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures in the RSF 2 district shall be as follows: (1) Single-family dwelling: Maximum Coverage Maximum Impervious Surface (1) Single-family dwelling: 45 percent 55 percent (2) Other permitted principal uses: 25 percent 55 percent (d) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures in the RSF 2 district shall be as follows: (1) Single-family dwelling: 30 feet, unless a special exception is granted (2) Other permitted principal uses: 30 feet, unless a special exception is granted OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (e) Single family dwelling minimum unit size. 900 square feet: Sec. 90-136. - Additional regulations. Additional regulations which shall apply to all uses in the RSF 2 district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. Secs. 90-137-90-160. - Reserved. DIVISION 4. - RESIDENTIAL M .BILE HOME (RMH) DISTRICT Sec. 90-161. - Generally. (a) Residential mobile home (RMH) zoning districts shall be permitted only on land designated as future land use category single-family residential in the comprehensive plan. (b) Uses in residential mobile home (RMH) zoning districts shall be subject to the regulations of this division. Sec. 90-162. - Permitted uses. The following principal uses and structures in the RMH district are permitted: (1) Mobile home subdivision, with one mobile home per lot. (2) Mobile home park, with one mobile home per lot. (3) Hurricane shelter. (4) Public and private schools. (5) House of worship, on a lot of at least five acres. (6) Open space. (7) Public facility or use. (8) Site -built or modular single-family homes on Tots in mobile home parks existing as of August 1, 2007. Sec. 90-163. - Special exception uses. The following uses and structures are permitted in the RMH district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Adult family care homes or assisted living facilities as provided by law. (2) Day care center. (3) House of worship on a lot less than five acres. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (4) Recreation vehicle park for transient recreation use only. (5) Community center. (6) Indoor recreation. (7) Outdoor recreation. (8) Golf course. (9) Public utility. Sec. 90-164. - Customary accessory uses. Each permitted principal use and special exception use in the RMH district is also permitted to have the customary accessory uses for that use. Sec. 90-165. - Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) Minimum area. a. Mobile home park: Area 10 acres b. Mobile home subdivision: Area 10 acres c. Recreation vehicle park: Area 10 acres (2) Minimum lot area. a. Mobile home and single-family home: Area 5,000 square feet Width 50 feet b. Other permitted principal uses: Area 10,000 square feet Width 100 feet (3) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RMH district shall be as follows: a. District yard minimum: 20 feet on all property boundaries b. Mobile home and single-family home: Front Side Rear 20 feet 10 feet 10 feet c. Other permitted principal uses: Front Side Rear 25 feet 20 feet 20 feet (4) Maximum lot coverage by all buildings. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS a. Maximum Maximum Impervious Coverage Surface Mobile home,.recreation vehicle and single-family 50 percent home: • 50 percent b. Other permitted principal uses: 30 percent 50 percent (5) j Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 30 feet. Single family dwelling minimum unit size 800 square feet Sec. 90-166. - Additional regulations. Additional regulations which shall apply to all uses in the RMH district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. • (8) Utilities regulations. Sec. 90 167. Standards for single family dwelling units. -fh past -sets f«orth-the rV+nunxrm- standards for feeident-sangle family dwellings. Tawe-he4,1vcs. 4a1ere--Tcb..e hom-es and mannfastur'ed t> -sing as defin€d-ars--&cction 66 1 Land -,[4e-Yelgionnent RegutatidnE. sra-aitbe subject to f-41.6-9,4fl Except as, specif+roall-y-set out in -;hi- -Cname- rt -tan -fit} -+fed iv3me trarial. travel tra.iler--re€-rreotional vehicle /.RV,-- enisle t}u-lith . or o'.-ner structaare shall be-used-fo: sleeping or dwelling pu,phees--n--the s+ty Se . 40 16F, Dw Ilinr' foundation. Properly dosigocd anet-con&trooted toundatbons. are eers.oai-tial for --the p -tie-+€- safety and welfare Rcgardlor.s o# -tile method-of---hous+rig constr-bi t+efa--ecocafely aftci-a,afed-and-installed dwe ti -wi4&& serve not only to reduce the lik-et+hood of *ide. Area --t .arrreaf-ae Of starch --damage but-oontnb +te to architectural and aesthotic corpatit344y-ira3.-portant to the long terra --value and viability -of neigt}berhoo0 communities. The--following-foundation and onsite-+rrstallation-r-ectutiernefts- are iratea=aded..-to---be --reasonable-:--arn+fsrFtaly---applied-and--er o+-ce€i--w-it;o++t--E)+sti+action-as--to--the--typeof dwelling unit - 4+ rogiiirEr4-t-+on4 -f-.4i(.aoIc family 1.1,, liiatrjs-io #1 - o og :;1ah.5ifi;,-44)++,--exc tl- r.e.-4l :4ir444.4-101)ilii,1ri-++444.4 44,14)- OKEECHOBEE CHAPTER 90- ZONING ARTICLE Hi. - DISTRICTS AND DISTRICT REGULATIONS "4/K)t) it A44-4welting +.4141-s-shal-t-Ise-b4aced-on-a-foun-dattort-44 atsoordanhe with the Honda Butld-ing--Gode. or the bod-e-s-adopted-by sect t art 6--n Development Regulations: or f r---unonufactu homes shall be sot up 4n acc rdance with the Pe-ra-ten-en-t—goundations fo4\-----N4-anutastered 1-1-o-u-stng Debadment ef---Hous. vetopritent 4-E4a4444-}04 -46\30- ot_chapt4:44._15_G-4=_F_A_c__e,+cg the-pourrhg of any-honorete-ot4he fAacan-1-&nt -oonGrei Nooks or-footings thearoa tind-er which concrete or the unit ,A,14 bid-placed chap be cleared of--a4-orgento material and-shall be prepared to i143,4.1-r.-4c-a+-Flage-as retiu-ire,d-by apettcablc odd-a-p-proval of tne-h+t-y-building-off-toiel- and the-teohnical review com-mittee-Ferther- any lot or a013 where so sh dwellittg-uni-t 44s-intendc4 to be pleoettand as per-mttted by the G44-4 -1:44-61 4€144444 andior-g-r-abted -to-eneure that the grounci-ttpon which -G-6144-) foucidatfe-P-i-s, to-he ptooed-es-of-an-e-levation--no-tese than 1-2 moles abovc the prawn of the roadways 44-1-1R-1-€44. 44{-4171' - 3E113C4e flt-- to- s u ch 101 or area--The-c4ty reservas-the--nght 40 -44€ r De-44-1.4-S. el-e V44°44-144 4-46'--e44-enA tbe ctallaten- of -septic tank-son-J-14e. r-eff. k.44CC;:, oor-Posponbitng thorease overall height b/;•:4)44if.)•)64K144-u444-1.ei c()111.:r4_ cob-Grote sleb-ts-44144se4 the-eottre a-ea-tinder the conoret-e-stab-sholl-be compacted a fat-tow-v., 1 R s)110 V e --a4=P?-o-roon4s topso41---and-other 4,4444;4 ic '.4-S-44',4t-49-r441S to-t h Popson-tal-and ve4+ool-extremitieS ;-G th IOC feet -beyond oonorat slab 44-nas Contoeht-the-ent:tedre 3 -tin:. siab-as-ne::..1pd-to achieve a-oompaction of •at • least-,947}-•pef•hent Poe• fill-as -needed- 141 41-0; greater-tban—'t-2-tnones----oompaoted- thick ; tess -toyers- M4-R4Mtirn Gornpac.,tio4-1,---4s+ty- s4a4-b(4,-2---C)04-psf-- c Pe) iq €.0 0:-)t()I A pc-r+r 'rate( foot€4.,-yvhaPa 4-:,-ode-shal-t be a•-,hord-onoe-w-ith-the toda Build-41g Code- d- -;='-i-,444(1 1)1 )(:Ao-44 Where pl2rs struot-44-i-e -from-the-slab, bouted-ooncrete runners or finishcd grade suoper-t-ead-anchohogitie down of-t4-1-4-2 stn.iotere shall be 4-moo-GordaPoe with the Florida-B-u4141-ng-Crode-requite4--nebts 4n-c-oHsoga-te4b-y-SeEA4E3r4 46-443_ Land Devokt)prnent • Reg-utotions----or- the Pe4e;-11 Fo+4f1-da-W)P& Guide ---for tstackieseed-by the-U.S Departme44-o-f-Hotts4h-g- and--U-r-ban DevelopFncnt 4-4-an4book- '1030 3-14444-- Or -the-meaufacti.tre4Ls specifications- --provided 1ncy-n4c^t 04 eq r en4i-ert t s-o-f- -S-tabittz-ing pOtes-a+ ogef-- aollixs- afe-used --Wheca- b-lock 4E414-zed- the-f oltowing-shall-be 4 --The srte-shallbc jaded- drainage aw 3y from tn-a unit 2 A44--prers-n-lest-have the too-cottrse fit1e-d-w4t-h-oonorete-04 3 Ve 43- soti-d-oeb-b-took-.- - T h.:, x#41-61-11-pr ap-o-ge(4---ter he4g-h-t-o04l4he-41 a oter---ne49414- beyond -whtch-the nlanufact,..ircr-requires---or recommcnd-s-thatengie,-.."7,44.e..s.90 th.e4.94i-itri 3 ttc)41- sh ihd-toatett-on-the-devetopmen-Pper-Fatt-appl-toetion \Alheft:a oonerete slab oittte---interior poured remter-s-c.re not used. th-e-deYelopmeat perm it _e P33 te44h-e-b4a-CA-gi -G414aCAY of the soit and the methodology used todeter-m14-te-t. hat-bear-thg-oap-ao4ty. --The development pe-mItt-appl4oatton-shatl-inctutie-the used- to •determtne th-e--s-c1-14€1--s-bed4471-9--of---footers reDd bo&cd on-: the s based on other criteria of-the-m-a-hefahturersuoh-as piers required to support sidewalt do3anoes-or-other-lead-b-ear4hg pD4=ItS The relevant pages from thc er4-a-R1-1-faall-4-e4-e-C-44GatiOri 6 shall be 4 11 O14.4449{, 'P.' WI the -a-pp-koationwil-h tho appropriate calculations and +ole4-toes -14149-h-1ighte4—A- plot plan or site plan shalt indicate the nu-mber-looatton-and GO-IA-St rt4G14-on-01-pr000 r&c.sci piers and footing -s- • - t: • • - - OKEECHOBEE CHAPTER 90- ZONING ARTICLE IH. - DISTRICTS AND DISTRICT REGULATIONS f. . permit applieation shall -irldte the. type, ann-model af-andor ta used -the gauge- and model -of the -strap to he user.4-the-sor4 type. 44.;,...A.Ologir used-to-deteratine the soil-t-ype and -7- The development permit -applic 3GO/1—Shall FOCitide all reilevant-page: -from the manufact/irer's--specations --a-nd specaflo-rhethods-to--he /iscd 40 sei +n -its. and. toconnebt Lrtilrty steme/_44vv-/ :speier4- ..;11. A crawl spabe- sha i I bedefine.cl 3S 44-4€ 3 b woon-the -stab 04-44+44e/a grahle-a44-44-ne-floor -of any-struoture-cleyated atorave-th 3 t or -4a4 A olbsui-e-vvall &hall be defined ac the load -bedring ot-non-lbad-boaring stipotnratly attaiohed between -the -floor or-battorn-of -the-struotnre and -the required perimeter .footer- penmeter -R-44-14-1-bAf 'Pr43---a-64-ab LIG0d,-4144. Wh-Or-O 40 -ad- nearing p-Ol-Pft are 444-4F+O4 tho per 440b, aperimieter tooter-or-Goncrete runner re, not---reoi,+4-(€4 and the olocure-wall- shall be attaoined to the slab -A/4--dvire4-- 1/414 /+nits- instal -lied or -6044-6-tc OGIed-W-4- OfaVd4 space of le,ss, than -seven feet rri height shall -have -a-clospre. -Watt__43)R_st r(oted _of _044_4 04-04,94011-0W441- 2--- -Get- G/oribrete. boner -et. .finished by -painting-or extending -the --dwelling siding to the, sialsr-rootee-IALlsere ti or fonter 4aneight-ii/1,-.s of the fraislicd Tadc ond- shest1114443-. t)} ilwelling-siding-to-t0e-slalopr-footer-Where-the-slab46--41-10. th.411- ely-h,t--q;-(-Ares-abov€: the-finrshed-gredia-leveoh-the-sibrng-s.halhext/and 4-b-im-thrh-eirant -4446hes o-f-th-e-f4-nieried grade-level- 4- -Fri-:-.-4m44-44,-lathirld-arin-e-tabera in acoordiarice-w4444.44r_44$4,444i-i_i;.0(1;?, 14 leiror bi-or a t er.14..) y- seo4041_1a6-4.0.-Lan a_De lb/101E1° Regt; at !o Co/14-14U04.46 4444-4444-441q '.'-yl ski vded that 3ch/Accturally conipatOle w444 the residential -A-welling. and provided t4+a4 the-fp44w44/9-r-,41nirptrm Sp-e-44-f4C-at4-0,-1-S---3-F4--Metpanel th!ckness -shall he at 4east-4inenes top -trent and trap back rad thickness shall be at least .00-4nolse-s-abid-hettiar4 a4 threknese, :hall be at 1 :ND s t 015 in.3he3 A --4w1 p 4341C10-€4.1---0-y-V4C4-y-1-4444-P-Ej-644i4-;40-,t e-Y.Ceeid 28 inches in--14-e494444rem-Ibis-frnisbed grade to /he floor-o4-the-44e414-n--Pe4oriated pane's /44 -ay -be used to;' ventilation p4.3V4e4 that such panel -s -shall no/ -e-kbeed-40-r .aer-bent of the tota4 n44-44-ber 441--panelis per -side- raf-4-4we-141-hig Vihry4- &SIT ting snail/ be attached -to the ce/4441eter consr ego fiabter-or-renner-vai-ne-R.,. a footer- runner -,:?-x434-6---O 1-6-r€,(141-1CCI 40 exish -The skirting shall -be fastened using les: th3ra-4ii-Inch in diameter br by rust eipansi n G-FW44-os no lese-ban-5416---/son-ih-drameter. TI)c fasteriors shall be apaber.t 00 MOfe. t414-34-1-1-4-44:4314,4-s-apart-lAIPere-no- peri meter -obnisrete-fobtralL ol runner -rronstso-i- ie-rpriecht ra-e4ret-yrinyl skirting shall-be-attaclic'4.-te-tne- groti4/4-naing- rtiG/i-Fes+stant 44-ound-s-p4es-no less than eight inches in engt1-1---onol spaced C40 4-4-1-04.47:14.na-4 1-8-14R-G-h-e•F; apart - Any aces-porni in the closure- wal-I--shall-bo fitted with a famOvat le p< -11:4€4 -OF door -and shall toe-srmi/ar-in-appearanoe-with-the remain/rig-wall Un lees a vent ieccd ac-anaboess-biaint- N--moia-than a -single s e nt per side shall be perrn+tted, DWe441+4-9-44-PlitS to be instal -led -o/ pora&tr-Ubted With ' , rt -feat or greater -44 height ,hall be submitted-to-the-c-ity-b-imildrng-official- engineer:44g plane demonstrating OOPP-f3.34:14ati4-4,2F-tle-S4OR features and that the proposed dwelling iivill be 00441-pat-41C---a-R8 harti--4-on . _ ft.4Gt-ti-res in the vicinity The determination of thie-by/ld/no-off.icial- may be appoalod to the Board of -A-44-1-6tMent-S- and Appeals -as provided in section 7-0474 Land-gtevetopment-Regulations OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS Sarred::. ;43+1cs All te:iridal+ora types :hail- meet the Floridaf4+i-Dd reciu!rern.=+ s u1.004:poiated-by-section- -- -0-band-Development-# egblatfor+ 4-4+ +,,+r {afar+.+nrlelev,-44A:+-,'qrHu4hilo honr�{ k#}rarr�� a All dwelling 4s- sh,a41----be placed-e4ihe+ on a -permanent lei++forGed n:,fete- sem- -as de-son-bed-4n subsection-0 r of this section. or-on you ed-oonefete-strip footers willy--t3too -#o j and-tie-down-as-prov,de4 in subparagraph 7, below -or may be_ set up- accordi-ng to- the ma+auiaoturer-s-spe0-ficatrons--*th+ts--+-lay-be-set-4ip +a a+i6F3Fdar�6e-wFtkt 1,#}a teF-� 5C-1- A-i„_..--PrK0r-te4 you{+, 43f any :or-meth-or ; - oon. creta block E -Gr---143434-141g-S, the arca uE+de+- wh+on oo-crete e+ the ern+t-will be placed ;,trill be bleared o ail organ+o r0ateuatF-u4ibe4-•an.;• lot—ansa where-s+u l>-dwell++rtg-unit-is-rntende4 to he-placed-and as per+nitted by the coy--+n++st-be filled anEl/er=graded to_ens443-that the ground upon whi•;l- si+ch foundation is to be-plaserf-+s-of an-elevation f+o L t +an- 2-r+ +;hes-above the &town of the-r _ • . -adfaoent. to such lot or ar_a T-t e--0rty fcser ves--the right to r++crease-this-elevation ;n--t-h-e- event- -the-installation of septic tank-service. requ+res •a Gorxe-sf nd+ng in0rease-ithoveral-heig44. +3-- Either foundation-type clad-meet the Florida-Bo+;4 g-Code re+J+;irernents-rrieorpore1€4-by section--6F3-10-Land -F1e velapment-Rerg utations- glocl'rng and tie dor shalt-be +o-3ccordar--4-i-t-I3--p v+s+or+s 3f tk-o Foo iia 6u+144rrr<j-Cil,=: r« urr.?,r+entL +14G4f-p ate-.1.-til section - fi 1-0-Landes eveiopi--nerpt Requl3tions f r arrUer+t+orna—sot+?:- tiUr,.-..-chapter-45C-1-+4-d----- lorida--Adrn+n+sfratPie Cade-4e+—#w r+tanufacturer-'s-spec (cations- provuled tk+ey-meei-or. exoeeci-triem4fl4r;irrt+-ri i++rrsrt+ents-st fo444 the-E k-,rade-Ad-mi41istr_t ve.G ,ode.l-._fru-r; arxrfaotured-i+� +sir---8tat,il+z rub-ptat2;--oi opals-mall-lee tent++:kelt--where auger--anbhorts are-used. In addition. tate reyuirernenth or 4Sc'ctior+gg--1-ka84 1 id 1 '. above must a+so. lila mat d._• - Wherea•crawlspace exitit-s--t-hebr-awl spar,e--shall-be-enoloserd--by-a-Beal-ing•oi-non-been-ng peometor contrite -lathe- -and- s44444. r++a&o -ry— or arch+tette+;ally tori pat+ble kk+<+r+g+er+olr�s>+re..-.._E xtandir+g-the unstdscr-rled--i++--sectaa+3-f i- 18Qt/1i shall be permitted bid-dth I-enctocure provided it is securely fasten t©-the- Find 6<r,44d-+li<�rr1-06,+riaµ1+4errs,,- rru_.1,14t:.,horrro., i4-1+ rrtrl+ 14 if cl-1-;'rAru}-;)err-k,c---Regardless--01-cone. 0400112 home park-s---are- designed for tra:+sitolr-y use try-meb+le and -rnanu#acturc l-0004es Acoordrngiy the-reg++++-emeoto of subsections-t-1 r and t2 ab ve to the contra y-r 0twithstandrnq, where- a manufacture•d-ho+ne--o nobile-horr40-;o- t++- bo--located rnsr00 -a--a3ob+le-4e4:1ee---e4, manufa ,turgid home park ss beim d-++?--Seal-ion- r,--1 -Land Devek pr-riaR1- Reoi.iletioos r+;eka+le manufa+:teresf I on e Woe-1441g and lie-4 ;;- shah be rr actor + O e- TM!: t-0e-pr43-v+ r4s Eg 00epter .1.5Q-1 010 Honda Adnmtnr,t,eb.-e C-OJe 404:- the +nanu'3etur --sper3+f+cat+oris provided they-rneet-or .:r.ofeed the minimum-rec.}u+rer en+p=er-forth-+n the-Florida-Administrative r 4i-&-oh-unts-&hall-bc fully skirted Stab114 o+q Mates or collars shall la-rptµ.+iced where a,39.=4- a- ^, leased l-'-ror to-th-a poring of-any ooaorete r the placcu-.e+1 of ..onorete blocks o+--feoting-s- the area urc-ter- vh+ch oenorete-w-4-1l-kms-t3 aced shall-be clear ef-alt- mat. t- lo--ade+t-ion-the-+e i++e0ents-o# isecflt3r+- Q 164-11d. 1 7 above +xx.+st-01s -r -- ne4 {44.--r-«:>4+r+r;<-+1- r-FPr?cr'r.`r1ruc,++i,,; 19,t r1 . 4u+adahon-+et4u+r rrrr Ants-for-dwellr+ig 4446- -not classified -h-y- subparagraphs - 1 + throirdh- ±34- above- shall be as described rn over _ e. See . 90 189. Appearance and dcsifin standards Any-sioggle-fam+1-y--dw0 elated in a RSF--1—SR-2----RIFF or_-f---o+n+4-El4ctrrc-t shaA bt3rnpfy with --the -foil©wing-appeara+aoe-and-design-sta+dards t 1-1-444oeorna floor arra. The -14444-1-14-144.1111 freer-ar s0all -be 800 square feet--1-n-el +r+g-the area of-ae attao00ccf-gas +but exc-luding carport- screened -porch or Florida room+ except as prevtded-+n subsection (10) here+n—To bo -e-1441-e--for ar a ; re footage €ball be cont-a+ned under -a-single--inter rateet-roof-system -A reef-sa&te+;r-designed by -the OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS jle structure shall be-oo,nsrdar aa-integrated roofsystem-,r .4444 rubsectian even if delivered-in--morethan-one part-and-assembled-on-site- 2 r R f-04f,',a+rrq A4-n a+n b+++Jding€ shalt - ave a p-rtche-goof wrthe 12 inch i f overhand an--t,Aio sides of the dweti+ng-&--perimeter walls-aud a rurnrmum of a six--meek--roof-overhang--eh---the rerna+n+r1g two-s+�les c+r h that-the-«sverhaf+g-rs-dish+tee.turaltj--+r+tegrate--rr+ta-ti-desrgh-13f-the dwelii-ng Where- the--design of_ the-dwe4Ung rs such that -there are-+ +ore-or-less than-the fe st cies the C44-y-.Build+ng -Off icial sh; U. ,letera1+r+e-Tk}:= overhang rt-OCOssr-rte: ea�,h-&4 our c,-,.134-4 to-sob&ect+on -L9--1-4x-1-)- r---ror4lerri1J---All-mare-bort +r+ge-and ail-gaF3ge, Gr--carports--shalt have-a--roof -s++rtace of wood-shakes asphalt oomk sition-or Wood-shingles;--clay- concrete t+les- slate -or-t4r.r4t-up gravel viater+ats- -}- -- .Sklirr, j rr+:alcrral� All main build+nes-and-all- garag exterior riding -mate-hal c6oesist+ng of -either -wood 11-iason-ry. concrete, stuGoo t aconite fitherglass v+r�yt er- r etas-lap shall-enrol +de--smooth---ribbed-o+- f,orrugated -rr eta!---o- ptasti parts----'-he-exterior-siding cannot have a rugi-1-gloss finish anti must be re&+dent+a:-+n appearor e T-k ex-te-norsiding mate++al ishatt be extended -to-gra-rind- level- ex sept-when -a -soli-d---E-orotate <, 4 3&on+y perimeter fo;rndat+on-is-used- the-siding material-need -riot-extend -below-the-top-0f-the-four-dat+ori-. + a-- [-v;; s04: il++l+.ty The ort-y- recogn+zes-that-rob l-_ l+a+ +e-frnisid - ,,n-rar+utaotr+redT+o:rsing iiia+t= -+-nay-he eo+-truoted-m--areas oat-s+<-ie-the State of -F44la-ond euct-i-rihts-are sold fortheir fir+al-cyst+r+ai+�3+�...-+r4 A-n-y- .€4.+G.41- perp;+tt::4_...w+tnun--t#e arty-n OIr..eechotiea--nriu-st comply--with-th4-s--Gode and- any- other applicable building -Godes in effect--for SciiUh-F-gouda-that--{pertains-tr+-+ bile!ror;}esrf+x+ortufar.-1.+4.>mesirr+anufactur?•=k--lrot+s+ng- 41414,04-wk,-1144 and--dei{ tb-_of--rr--dkve?uric-looatai-o4at-O-utsidr. of --a ri?)bile-bait+e parr or wilt+u+siert--shrill he 29 fcc:- ,:-;-}- . 1/1,,irriu;s oar,i-ria i -Al444 Obile hort+e- ru3nufa<tc++e:1-n04;+e- e+ t+2+le+--tow•-i+:3+s•, wh;.c ks-and axles 4144-4E. 4e+ooved when Me d-wettrng installett-octts4:4e-+-+14e13+:e--4on+e-p_+r14 Ear subd+v+s+er;- T-raiier tow-bars-aro-wheels shall be-=emceed when the kJ/vetting is-+-+s'ale4 ii^ntb+n a moo---lei home st-rb 1v4cron- 81 u1-41444:11444:4r; ')f 12-;if. lwwv+u+rtz An;,-,r-sed-4welting u-n+t h++rtt-a.r - remaining in Gomorra-hoe-with 14+e-F-lor+de-13-04rld+nq-Codes +++corlan a art key cr;tiOP- moi 40-1_a+4_Qe-vekop-11 441 44443os o+ the Manufactured Homea+lst:-++ctron rid Safety -Standards -of the--14-S- Department-of Hou-sing a - e -ment- s weir as there u+remerits-o-f section-90-170 of thin 4;ode shall be e4E4bb for reto>ation and-=or pla.,einem--rep!3oc'+ie;.-t ui&taUat+on-or r +r,ytaklaNcra +n ar t re-sr-den-tie! zoning-dretoe-t--rn a: ;sir #--w44 r-reg-d at+onsnc-statil+sho.4-6y-the Schedule of 41st,• ot-Regukatrons--+-pa+}-4emonst+at+an--of oont+oued eo3Ua-ace �,v+th-the apl+k+cable-bu+id+ng codes : rid-standard&---as-tt -+s compliance w+t# -Apf carance -and revisor standards-of ;hr, rctromand-with-t ie }aro-r+ >++ af-Yeo tion 90 tag- 1 tr,i_ �c3d2- There ;bail be-a +abortable-t3r-es+.++notion-that-a-+.rntt that -+s ":ve tear-s of age or less-as-of the-date-of appl+r,at+on-meets the a{ape3araase-and-dasi94 _stanci_,rrts of the--s+ty-or-the+xuru4ni+++aa-appUcable brttldu4g codes E-xoept-a& ott-crsw. c permitted-by th:e-s+ibsect+e -n-a-++se44-dwokmg unit S1434 be placed- replaced located--retooated-+o&telfed o+ rern&talte from-the-site-rrpon whish 4-was fir-&t placed--Gonstruete -er tnst lt�.d a- An-a -okoat+on-shall be-submitted--whit -chains the following • 1 The-ap{al+caot=s oar; -e-and-adkl-remand a ataternen -of owre f�+p- 2-t_-egak description- street-addres- . lot-number -and Subd+v+s+en name- if any, of--the property- upon which-the dwell+ng +s-to-be-leoated- 8--._Size-of-the-property -in-square feetand-acres, 4- - tatement d.€`6tiul)444g--themep and isioris cif -the--dweU+ng- oro-posed-to- relocated on the property OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS ` r p�� of ail cid.. c '�+ the -dwelt -41g t" opo"e t7 tie LDroc3t. '(4 or the--preperty- A- statement deccnbing the exterior 44mensions -and roof -4:444(1;p 494 the .evell+ee} propos-en-to be retoeated an-the-propeerty- 7 A description of the exterior finish -of he-dw e# eg 4nc4ud+ng exterior -watts -and roof 8 - A description -of -the -dimensions -of the-dwelhing- A Precef that the dwelt+nng ce4-144+4++cs to meat either the 1:14 -)41 -da- B&++hd+ng-Codon ±neo-.petated-by-section- 10--La+4-0-evelopmcrat-Regutat+an-s-of the +lac-tt+red Hoer - - and -Safety Standards of the U-S--Depenn: n -t ref -1 e{+s+r+g-and Urban -t3evetopnent 10 -A site-pla+: dr -awn to scale illustr-ating the propose4 use and -I -net ng the fo4lewnng- +-----Looat+o+ of the-prepe+ty try-lot-n++ntk+er-blrac4-ft++a->e+-and--street addrac, -+f-asp}-- r+...--the du en3+ons_of-the tot or-parG41. _af-..4 +n+:4 on-which-the-manufar tix-ed.-k+once-is 4o be -hoe ated + -Tk+e- ;r- €i e4 location --of the d'.tiei:wg -Df h. property. +ns.l l,bf;c -.3li €.3 heek in-formation- 11- 4-se-herz+atio-des-i. n -of -the ivue-14the-sh(-4rV1n 4b-riof-si ±444-4-4414?r iii lj� E fe;-ionts -1-2--- An en9-a?e:3P - )+-hr`,hrteetr++3i plan of-tnta 43 -Such -ether s+++vey-s and docurnentatio+?-as ntay be-+e9+4srcd pur-s-6ant to s4?in'+en-643-10-Lanr1- Ctevelopn+ent-Regl+la-te,as 14-- -For purposs ef-r+otific t+E->+a-the na;1i es an r adlre€ses of-f?foperty _,,,ner; as they appear on the Intent tax roll of Okeechobee -.County. wit An 1 ca 3-fee4--el the €41-lafe.Gt property- --P-receri r-e-Fel--R-vie-4--ef--Application-for-freed-f+41+tTthat-w!ere-constructed-oi-manufactured more than five ycors _• • - e _ a-completerpam}+t-apolieat+on-is--s+ibm+tted 1 `AJith+n-ten days after an apptisat+on-l-aces--bcc h:-.4+b+n+tted--floe-e y buitd+n- efficial ssl+all determine -whether-the •application- is complete -14 the build-inq official -deters+ones-the oppi-wet+on-is not complete. -tae---shall sone -a -w ttnstaterent sees++y+ng the appl+Eant's defio envies te- the appticant by r=.3a+l—Tt3e +itd+n& of#+: +al 4.4,4.4.444E -no further-aetion an -4- - - - - - ens- he 4ef+c+e -bier; are-+e+:a.1+en- 2.Within-30-days-after-the•city-bu+td+ng off-ficial-deterrt4nes-the-apptioat+of++s-corplet-e•he ,hall review tho apptteation. and anal -I- determine whether the proposal eo+ tpl+es with he appciranse ani -design -standards o` ttlis sectile--and-whether the -t+n!t is cens4stent w th and compat+ble-e+tli--surrounding units at tie-'rposec-f relocation -sit? and -whether -the• -r -e4-is consistent with, and- Goan+patible--wvith-tire-general-cha+ac ter -of the-ne-ig4 .b deet ?r -turn+ y- 3 -Following the-deter+h+nat+e+} of cer-x+ptiae e the-o+ty bofile-i g-offficial-shelI-place the application for -the- determination of suitability for dwelling -unit relocation -or+ -Nie agenda of the next -available -regular -meeting -of -the -board of-adjustments-and-appeats in accordance with the procedures contained in thi:, Code. Notice-af pub1+o-h ori^g shall -be -given as provided in section ;'0 371 Land Development Regutstions .The-board--of-adfustr++ents--and-appeals-shall- determine -whether thedwelling-unit eon4in44s-to-+ +eet--the F-ter-ida-B+ikt+ng Cedes-incerporatcd by -section -4g-1-0- Lard Qe elep+ +e 4lations, of Manufactured Ho+o+e-Gonstrtot4en and Safety Standards of -the -44-S. Depa-r ent of -Hou -sing- -and -Urban -Development-- as -well--as- the requirements- -of - sect -ion-.. 40-170- of-- this Gode .and- the - appearance and design standards -of -o _ -• _ - - ter the unit is consistent with-and-eampatiblc-With OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS :neral-Fhprap er--of- k+e-ne+ghbor- e©ct- or community- W+ 1e -ti+ a# the-conclusion-of-a-publ+E hearing.-tt e-boarc4 of ad}estr +eats -arid appeals-shattmake-a €e r„ -.r^ nation as to-whet#er- the -dwelling unit meets the standards described in this sestloa--Appeals of the board's doter+:w+r+at+en-sna-14-be in accorEtanoe wit -the prov+sieas of section 70 371 4- ,4640p .4 ent Regetat+ons 5_ Notification of the board's decision -sea11-be-marled ._to - -the -petitioner acid -filed with --the e+ty-building-ff#iciar F,— -A final determination -++a- favor of e-ornoti nee- shall -ernut the --r rep:ate„e oinst.ollat;on-4 4 -the dwc lrnq--c+nit-on the reg++cctod site-pro-v+ded all other proA.ris+ons ot-thrsGode_..or-airy,ode-by--eference-in ,orporatcd-into this-Code-are-met,- and his-Code are -n et;and &object-to-any-shed-+tionc that th-�-t-board of-ad}E}stments and appeals may -impose Wh=ere -such C-Oncl+t+er-s-require-repairs; renevat+ons-constrcrctiar+-or-other-like aotiv+ty. +n order to--meet-appearanr,e an -d -des n -s -standards -o4e-coal-pt+arse. sec urity--shalt-be-reg+irect -The security shat} be-reperred.prior.-to-issuance-of-any b+i-ilei rg-or construction permit ;sued -shall bo 11 10 sent -of -the costs necessary to demolish -er eve-and-d+specc of the ++n+t-arid-appeeen3nces-+nok-irtrnc-alt glean Erp, adm-inistrative overnea1- n -ager expenses associated with or incidental -to restor+hg the tot to -a -conforming- cor}dition If the-buildin j-:rt)ustr-tfstior-^� -c-fev-opo-+alit activit +s net completed cu'suan-t-to conditions placed by tlle-board-+ncludifg any established tier frame; for -their completion. tri: applicant shall forfeit-tl se; rrity .and the -city may. initiate aot4o4 - to d,:,narrlisti--r.?+nove a+?d- di-sp o e 4.4 t4,-)e-++4:14- of+d app++ enar+4 es �....__A-f+nal-cteterrnh+at+tur-aot re-#aver r�#-r n s*+aI! f,rel�it�it-rek3cat+o+i +k-tr+e cpasor� for .a. --finding of ru)nr pliancO Was the failure- to moet the Florida-goi44-rag--odes incorporated eGtfon 66 1-0 t_ -and Development- Regulat;ons -ar-the Mon-uf doled Home Co:-struc:ron Departn.cet of-Fbusting and 1J-rban-D- elop:r3ent-1f the reason for a--ti;dinr.) ' r;o;aooreplianee-was--',tom fi3 ;ore is meet -the appenr.ar - - _ _ _ 14-Aarc'47 of this seertion -o -th? failure -tom -F rn n to -be- consistent with a patib1e-with--sur- +ndrng +,nits on-th-e--failrire to be c_onststent- +4h --or comp t+19-le•-=mh the -general character of the neighborhood -or Gorr++aau+i+ty-. 442-retor at+ora--arid--replar.,ement-reir+stallation-of the 41we144ng unit shall -be limited to onforming alto located +n a rtsidcntiol-+a +te-hran } �+aniog d+ctnct eubjcct-to apptaoa e-eodes and reputations The failure of -a u:ed unit to-meet--age--standards as -established-- by- --th+s- Code--far--the Location ..relo;ation placement-r-ep aseteent-ins.tatlation or reinstallation-oda treed +rut shall -not authorize toe- ran > atria,-fepla--en}e{it or -r' inFt3kation-o the unit n --a r€sdent1 +31O) -hori e. (RMF-I;-d+sFru,,t- c.....-Procedure-for. review--of-ap3t+cat,on-for-used-units that+e-eonstructed-or+nanufactured five --y ars-or less frena -the date -that -4 sera=+{dela-hone-it-apptieatiora-i-s sub+nitted 1----4em444;--to+ida-ys-afte+-a4--i-app-14Ga-49,0,4;as beep-s++bmitt3d the-oily.-1ac++ktrr+g-off+x„is{ shall determine-, -tee—application is sona{;;ete-he-s#-i-all-send a wet -ten statement sf3ecifyinc3-the-app ication=s-deficieraeies to-tragi-api?licant-hy-rna+1- -I tie-br+il�lir+g-o#€+e+al shaU take ru-furtrrer-action on The application unless the defisieni,+es T+ed+ed- V'V+th+n Q-4 y -s after -the city buil-ding-official determines the _ x s s . tete--he s•call-review-ttie-appli,at+on-and--sl?•al - - •- . - - the dwetlr-9-unit c nfinues to meet the standard be-4d4ng codes incorporated by-cection 66 10 Land Development Regulation er--the-A!onefastere , e Constreetion and Safety-standards-ofthe iJ S. Department of-Hoesing-a4 4 Urban-Deveteprzaent. as well ac the -requirements -at s•eotion-9©-t 6-9-a#--this-Code-anct-the- appearan0,e-and-des+gn-standards-of-this-•section-. a -n a-whether-tde--en+t- is c ns+stent-will} and compatible w • - - • - - -ohar actor -of the oeigeborhooC-1 or community. A f+na-t determination in favor 9-f-C-0411p4444e=s1-4l permit the-relaeation---and replacement?reiastallat+on-o#-the dwelling. unit on -the -requested- site- provided-atl-other OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS ...= : •. code by refetence-insotporated- into this Cod° are met and- subje,ct to any- --oonditioas---that- - ma y---be---ittlfWaSecl tO ef1&ufe- COmoffa0oe---W4th a-pp-14oahl-e---o4y regulations Where such conditions regurce-ropairs renovations GOR-S4-fulG1+43F1-43-f -like-activity in order to meet-appearance-and des-9n- standards or ect14144-1144n1 code -domplianoe-seetfi4y- shall be required T-hesecutity-si-lalt be-requir prior to issuanoe -of-- any -OW-ding-or -004 struction -permit-- a rid-strall-he-:1-1 0-per cent-of tho costs necessary-to dotriolish, ten-iove-and dispose of the unit anel-apputtenenc.,-es-7 including-alit clean-up. atil-m4nistrative overhead and other expenses associated with or ir-loidentatto-restoring the lot to-a- confor-ming-conditrain4fthe-brkilding--cohstraotromot development -activity is not -com-p-leted pursuant-to conditions-plac.-erf. including -any established time. frame-fontheir completion- -the-applicant -shall forfe44-the security and the --city -may actio-a demolish. ten-love- at id--ase--ot the ithit and apiptittenances- 4 -A final-determination not tn -favor of cornpliance-snalt prohibit relocation-if the -reason for a-ficiding--of f e failute--to- meet the F Codes incorporated- -by session 66 4-0 Land-Development Regulations or-the•-Manufactured Home Constrrii:Apon-and-Safety Stand3rdG. of --the--U-S; Department of Hotic,ang and U-4b-a44-0,244,14p4-1443gt. tbe--son-or a finding of * e e - was the failure -to meet tne appearance •and clesigi)---stanciatcis of- th+s -seon or -the failure-to be consistent-with-and-co444patible-w4h surroundfng tin-its-or-the failtire-ta .be- consistent w-ith-or-coniriatible-wit the--9-eneral-character of the nergaborritiod-or-oommunity-the relocatior-4--and- 4 44pi-w,E444€444-1444;nst3114t4,00--Of-thO dwelling unit shali be-limitod-to othervyrse-confarining site. tacatedart-a-residentraarnobriame-4-Rflit4H-r-a-arting-district ski-biters:it to applicable-codes and regutations----The failure of a used iinit-to-meet ago standarcIS, -..44;--4.3€44044-541€4,1-14-y--t-t4S- --C-Gele-faf--4-1144 looatioa reicidation____plaf;e4T441.1t, replacement. •- rein-stalia•tion•-af--a-Lised -unit-shall- not-authorize- -the ielocation rep13->?;11€1111-0-1 reinstallation of-the unit in-a residential motkile home 47R-M-H4 distriot 3- An affeo,ted party may file an appeal-of-a-final ci7,..terinination to the board -of arliu&tmento and -appeals- as eotabtishad-by section 70 3-7-5-and 70476- Land Development Regulations. ;& L.444440e;;; T-he-city brtilding- .4.)fficrk-14 ma-y- approve deisiattotis from -r_ir--re more----of-the appearance-and -design -S-t4hclafd-s-on-the- basis-of-a- find+rig -t h at-the-architectural style-proposed pbovicles-oonapensating- design- features 040 that-the-ptoposed-dwelling- w4f 4-e- cot:ape-Wale-and narm o nious-with-existing-ct ructu re s t Ite-vicin4ty-T-ne- determination-of-the-beil-ding-offialairrnay Oe-apt3-€4eO.--t0-.141€•1-43.04cd-G4-. --aftiff.+6,411-4414,--aclf4 appeals 3 r..; f4;ode-d SeOtt0h--7-037-4-Land Development-Regulations- - Mifiir44(4444* a periodically the recrpient-of federai and -state c,04-4-144-1kintty deverapnient block 94ants-that are a-great benefit-to the sit)/ and--its these -and•- ot unds-s -40-the, best interest of -the ic it ; z en-s- of-the_ort y - As-such;--the 414414114n-f-11oof -area-of a dwelling units 44e-S-CFF-44ed---1R—S444F,€GIO-r-1 (0 46-44-4+ of this article shall be- reduced 44m-4800 square feet to 600-square feet in-the case of-constrLiction ftinded-oriassis•t G0,11:11Gn4-y---€1-e4e4oph-le4t-laloo44--9-r-ant or silitiriar federal- or state 9-rant b. As a trahsitional-measure to-lessen-theammed-late-oost and-disruption ito-sonforrni-ng-c,ites. any-eiristing-sing — e home. manufactured-home or trailer haVing-leSS than----1,000-square-feet---that•-•was.-lawfully--placed-upon-a-conforrning-tot-or-parcel-in accordance with -applicable codes prior t adoption--of-the-Gity Land-Devetopment IR€9-4lations4-1-ay-44e rep-ta€ed with an nit of not fess than 800 square feet. For the purpose of this section-on-I-if- tho,. roof overhang reat-14-rernents e-. o. a-minimurri- of 4 inches-on- two-sides---and-•-zeria-inches- on-the OKEECHOBEE CHAPTER 90- ZONING ARTICLE U. - DISTRICTS AND DISTRICT REGULATIONS rent feet .Aum width rectus -remora herein shall be-feduced to 12 411-1 Restir;lrrartb fan Is'40 rise. The city-aecotjr4ies-t a - ce-rta+n 4andr;wnere mobile home 443 44c-5 cad others may have -oleo -0d land Erse-resirrstions-b-y-recorded doed-restr+et+• &- +-pursuant to homeowners- ,association by laws. that -riaay or may not -be not-b-a-resorded ocord ,h=am,-, -e eot the abil4ty-of a wilt owner to place a mobile-home/manufactured- housing an+t on -such -land -s, and that -these rcctrictiorae-may eerrta+n--besigr-or other standard-s-contrar-?e-tk++ase-required-+n-444s Cede -While -the e+ty will atte+-to honor . - e - - or-non-recorded--restrictions-on a c.�ase by ease basis -the -burden- +s --o discover --and deliver- to the-o4ly--al4 such fee -tact -tons- thaat-may--affect-the-tande--and the-e+tj -will-not-acknowledge-any recpoa-s+bilrty-or l+abilsty-for-an-appl+sa-t+on That +s -inaccurate or•-rncarnplete_4n-t#pis regard - Sc... 90 170. Minimum code compliance review. 4a} E-34,w!arat7y-Alt-naob4le-krorne&, 4-a-anuf-aoturea-homec trailers buildings. or -at -hoc 6tr4+ckrres used e: +r+tended to be used -for human -habitation or the storage of • - - _ - dated with ht++gar+ habitation -+n the-o44y-shoukt-be-re+rieweettoonsure -hat tday provide-the-bas+e min+nm++r ho+as+ng and b4.441d44g constRGt4Oh--stern ids °sceat+at for safe -cad healthful-tmng. To €a~;+lata,e c,och-a- review. n4� mobile home. manufactured -Jame -trailer or-burlding-sha-44-de located, place-'�epais ed-. installed or to ut14+44es in the -city --unless- and until said-rr «?-hen-e-nnanuafac-turect hcame--tra+ter-o+44-1-14441y has been-either-+nspeeted : exe+ +}}ted -+a -a xe-w-Th-t+re provision 3 -of th+s seation Any --person- et- cr>rhorat+on transporting- 4nstallrrig -or-connecting --to-utrlrtiees--a-- P bile home-martufacto-ted-home-trailer-or buiIdir+et-++1 V4043 tren-of-this-sootier-sial4-4e-rrrb}ect4o-fine-a<xLf.0 irni-sour-41-in-ac<o443-x4-„4..--y:i4-lam-sections ifr--ecu#--1-€3-3-1-through---1B-f ,---Lewd--Developrner+? t egutat4ens- tb}----AN-w�-<Jinrlliri a t+r++Fr +!I! r wt aranuf3ctured hom':;:; durst 444, 00;4101444-40+3 will-- Manufao1wed-Home Constructtonired-Sefet-y-S-to+1larde(HUD Code Ch3ptor- 32 -0 -Ronda Statf+tes- flrovisrons of -the Honda-Administrati-ve Code- pe - . _ - - _ t - be prescri+aed-to--c ply with 44-4e-rn+:11441e4m standards -of --this Code- upon -written certification by -a -mobile home-or-manuf3:-t4red home dea4er licensed -tinder -Chapter 32 . F -C_ -That the+-lob+te1 oia}eer-manufactured-homewas.sonstructed-ai d rerx+4940S-40 ogrr+pl+ar-tee--wilt+-sai+--statutes erode€, Additionally, any- - -. _ :4-1-444-tenf-linrg-0r proposing-to-placereplace. construct. --e • - . _ -. relocate install -o-r- reinstall a new manufactured- hone- or -building--iri• the --Cit-y-ref- Okee, -obee • must- demon strate--tr+at be -unit. -.was o-onstrooted to- and remains +n--oomphance with structural design requirerncnts and winds -tap -11 protection-prowsrons- for -mind Zone -14 -as established by -k f3 regulation -s -GF -R Part -32 9--Sec-liens 3280 40.4:4---a+14-3-2-8-0-3 -o ttae egtrt-yalent-Gode--ctotute r3 -r ee-}ulation-to-whictl-the-GOR€-t uGtier+ of a partisul3r building or structure +s slit oct for 1dsr.Cl (W olhnq -++nits. This section app14es-te trailers. i • - _ • - 4.i6ed manufactured home& and-b&uldings and -shall ensure safe and Irab!e housing -The provisions -of this section -shall -riot -tae sonstr ed to -be --more stri+gent Haar.-those--stonstards ro aired to be met 'n the-man4factt+re_-oi Gonstrii0-tion O --view-dwelli4--un+trr- t 1T—All-trailers mobile-homes--and-used-mems+ wed homes -a04 bu dir+gs-4ocated within -the City f Okeechobee -on -the effective -date -of --this C de shall tic inspected--b-y-theerty- deetrot planning and development-prior-terbemg-tiarisported reinstalled o+--idea-ated-++ the city The person transporting er-. tocatl-g--th-e--etsuot +r- - - - - e .+th--the- building department and pay the applicable fees-+44441hp- mileage. in full -for -the off site +aspect+on-4he off cite inspection -shah ensure that trailers, mobile --homes, or used rnanufactured-homes 304 buildings % I -meet -44e 4-49+4i remeats of this Code or any -code -incorporated by rofcrcnce-into this Code brit--said-requirements-s#all-riot-b-y construed -tate- ore -stringent than-14e-sode--4o W4440 la the unit was onginally-constructed. 42t Alt - _ - --- - • _ • es -and used rnanufactored h sand buildings prior to -being tra ee -- - - _ . e -the purpose of +ristatlatron-use as a dw :fling or resale within the city shall -have an- a-roil+t-act- p oxss+enal-eeno+neer reg4etorcd in the s4ate-ee4ify-that the trailer mobile -fierce-or-used manufactured home or OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS .. orporat d by Code and affix his impression type seal and registraiion number: - telephone - number -and address. Any permit application- +ntend+ng-or-proposing_tc; import --into 4 -.F+ty from outside of ,tty a -trailer mobile-- e. or used manjfa fur ld o �e or-.bt++ld+ng-nat+st-demonstrate--that the nit was -constructed- tis a++d-re+7aa+4 -444 compl:anse W+rh structural -design requirements, and windsterm protection provisions --fear Wind -Zone- 11 as established by TU -a -regulations �-R-Part--3280-Sections--32.80005--and--3284306----ar -the equivalent code. statute ar rogulatieta- to wwh+€4 tho-ronstrt-tchon of alae particular ba+i ti- -+s subject- upon- -n+eel+ng applicable req+++reraaent& and subsequent relocation to the -city, the provisions- 44 paragraph +4-)-above-shaw1 apply- Upon o,ty-inspection- failure to meet --the recruirenaen &of t4 s --C e -shall re+ire daate +sposal of the 4r1 -it -Pr removal 3€ the un+t frgr73-the-O4ly-of-O koechol { Tho -ta+++kl+ng official may estahlrs - agreements of res+p•ree-Ity with -other -rites and nnunicipal+hies �dtthrn this -state to Gond-opt idepevtror.s-required by this section. (4+. --- Due --to-the -lack- of --federal --building- -_anc-1--safely standartts- for ...transportable -structures rlanu#ac4 u --ed 0d -4f-40-44444 15 19 F6 -as well as -the -adoption -of local -Hon--+da B- j+ld-i --Lodes (see section--19---L-a+a4-Develeprx+ent Regulation -et -that for the most -142,4 would proh+1343 +4:3331 str+.+ct+.3r-es. airy-41041le-ho4'le manufact3rred pnar-to June -1-5, 191'4 shall be++nported ir4o--the City of Okteechobee-for-u-se o- resale as 3 .dVrlluat4Gf-too por3r+ly-G4-3-permanently dor shall anv raaobtle--taonae m-anufact+fired prior to June 1-5 1 ci7i5-be installer +stalleb located-. reloc.3te4 placed or replaced w,444irr Me -City -of Okeechobee or -moved from one location -in- the-sity-A-P a _ - __ -+r+-the city T-he-salc resale-rnctailatton-or transport ation of a-lnot3+le-t-o;aae-{+- v+alat+on of this �ubse;.+ora +s- str+t,tl'y broh+b-itaa--T-k+e-e+ty-b+++iklra- #+C+ai--r++ay---+grant--;++T+red waivers fo+--the sole purpose -of transporting a -sulstaru8rdm bile hon? -004- of the-Gity :?f Okeechobee or--to-a pou+a+tted -site--tor d€mol+tion--ani# disposal - d) +ru:iarls f-r«arar�n- {-1-;--- Trailers-Mettle-t'lorTTes--and 1.14 dd -14,9444€a-&-34-44 b.riidriag.s_.s +all--+ ?Fthe--real! 3wr+'lc} standards- far--safety-and =.ttH al-adeG#-.racy-- a- Exterior ex+t-doors--including-s1+4+ng-glass - _ 'o—tel and -safe -wort -erde+ b----Exterior-doors shall -have safe artd-oberable-locks T 14 -con st ru cted-after- 1- -5 -hale 1-tave-operal3le- ca rens-w+n+dows -G-F an - e 4€ -}PO -r, cgrocs-door-1 sated-i-n-e-&G4i-slccpi:+cg-coon+ d --All-windows- and -opera tors- shallbesafe-and 3perablo and all -glass +n-pIace- g_.__._. Screen -s sI -1a11 -be -ort-each-wiradow- f All floors shall be -of -sok -id 4eoki -A41 holes -or dardages-1 on.r--oR1ise=i-by lecks-or broken des +ng -shalt bs replaced or repaired 3s -needed g - -Alt-+ Tterior-w,v 11-cOilrrings-shalt be .'o place h -T—bot—tom board-Gover+ng the flown joist shall be insect proof and rodent -proof throughout,- and hroughout-and ce.cr. rely sealed i The -roof :hall be in .goad-nd+tion ;with-rapparent leaks j- -There shall -be at least-il-rae over the-roof-tie-down-straps--properly--spaced--and-in- t. c od. G4f+414304 art every single wide moble -hone. All double wide mobile homes hat were _ with -over -t -1 -+e -roof t142•- n -o4iv-' ifs - o -• - _ ion's ea -_ 6396-G G t+9n5- k— A,"-rte13 n ng gear such--as-axles who -Is and spit -age -shall be -id-good and sole-^kar: order i--Gbassi-s-nail hitch a&semblics-&ball be in a d-Condit+ora-- th—T_h-e-x-texier-wall-covering shall be 3S necessary-te-preve4tthe-era ante -of wator - OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS . „ . . buildings &hall meet-the follow-1-hp stanclarde-for-pitsmbg adeqUacy+ a All plumbing fixtures-shall be ib-p-lace-and-tn good wor-kable-cohdition The relief valve on tho -water-heater shal-l-have u-h-th-rea4ed-t1-4ee ektarter inch -d-raln-pipe extended beneath-the-mobile home- -Trade-Ps-7 mobile hornes-or--u-sre manbfactuced homes-and-b.& e -moet the followtrig &tandapOs- for heati-ng- system adequacy' a- Al] heating.-appliances shall-bean place 4 41-good-and safe-wor-k an-le-condition- h--A1-1-duct-system&-shall-ba-iin-p-1-ace-ancl-m-good-wor-14-able.-. c.;iand4hoci- iila Trailers -haohlte-homes or---use manu-factuted homes -api4 la+-414-inge-shail-meet-the-fol standards for electhcal-syctem aelepeacy. - All-silaril-com-p-ly-w4h the sarovievan-s of article-5-5.0-0f the 144t4O-Ra4-E-i-eCti 4C3I-G-Ode. b- Distribution panel boards shall-be-opoperly nom-pi-etc with required-breakers-or fuses-with-a- 11 unused openings properly covered. A-14-electrical-fixteres-s-h-all bc -safe-and-proper-1y-lnstalled., 5'; All elect rical-ou t let -€-4. A11 All -tia:1,arS-..-41-4C;1411-e- Parnes-or-used- manufactured h,.-+-ines-ar-44 4+4144ngs Oak have approve-A smoke-. detectors located-outsicleof-each-sieeping area 4-5 +4;41-e-ef inspact+cri Upon satisfactor-v-comelettion-of-the inepection-deciricil?er-i-sh-thils sect+opi- receipt -of-- a•-sattsfactor--+Airitten-inspection-report- from a County or municipafity of -th+s state. Sat SeA4ry written-cettificatioh from an cog-ineer in accordance with-su4-sec-40h 4-c)S 2). ObOVO. --Of the 63 tie-factor y vvritte.r4-Ce-1-44-f-i43-a-k4G44---40411---a-licesised mobile home dealer ,---the-otty-bc+-1-1-d-ing- official shall lesee a pert-au4+zing- trareportatioh-and installation of the trallep-mobile-llome, manufactured l-iothe-or-used--manufactured-homeof o vided-howev .,O0-.-61:1-c-h-p-el:m 4 shall-be issued-sintil theeste ob-which-the- --determtbed-by-the balk:444g- official-to be ncompliance-with all-provieions-of-this Code. All permito-&4l ' te on-which the unit is to be placed in (let-en-nod by the bc-44442igefficial-te-be tn comptiance with- ail-prov+sione-of th4&-Ciode All 44e44146 shall-be valid-only-for tho site -+b-ssaec-tee-An-y subsequent re1ocat+on--of-the tra4e4. phohile-horne, manufactered-hothe or used 1113nufact Lif-ed-horne 4€-u+re---another inspection and perthi-t-pC441---t-O-re-MOVal-0-1- t V3 i) opo rtt g- M-nnm colo ro44-.+-w rogiiitc;+:1-Any build 4+1g-et-St 46-e4 opantende-44o-he uscd-for- human habitation or the-storage-of-matertats-aeeoclate-th human halaitation-het-Othe-PMSe accordance with tills- -s€t-on ish-a4--be 4h-specAed-to ensure that -they -eohl-p-I-y- with bosta-h144444-444 stanciardo onor to the 1;1E:tal4a44on. connecti-n-g- r provision of utild (lance w-ith the on-of the -Florid] Budding -Cocie—See-sect+on -66 10. -Land- Development-.-Regelations. A certificate-of-anspectioneholl be isspacl by the-b+.44n.g-offiC131 f• appl-bkl-prOVIG+946- th4s-Code-shallapiply, Sec. 90 1/1. Governmental use. Ah-liagency- of--menscisaa-1---county. state or federal - - lize -a- mobile-home- thabt-i-facturepl home-7-recreationalve-h-ic-le;--or-othe-r-type of trader for tempora -Py purposes in the Gity-of Okocchobee. -provld+n-g- SCh --&c& -re-E,Icle-ntor dwelling-- -UG,-O governmentally owned -land within the caty b -y -any. county, .,tateor federal gover-nmeht-my utilize a mobile home Faa-ou4aGtbif-e431--horrie or Pecreatichal-vehicle for -r-4Cidenti31 uses--s4laSect to -a -showing that all other applicable regulations suchas-those-onhealth-and-sanitation.--have been met. Sec. 90 172. Recreational vehicles. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS r4e—a-s- defined -section 66 1 Lard -Devetepm-e-a-t Regrrtatrons shalt be -dwell-44g -parp-ose heC-ity o€.Okeee-+obee-trrrtass IeEate-w+tt�ie-a t+sensed-recreational-vello pa _ _ x • . _ - - se ednd- tb) -Apor+ run es-to-1r;r ea -4444- lik•k+s. Upon isatio-h-a-hd r e+pt e permit #rn the btaild+ag departfraent _ s = • - _• - has-garag- _ e t - _ t t s, 6Gfeenez1 rooms sun morias- gree -Rhe ses eabarras-er patrosfexsluding-k+teherrartd-seeking-facilfiies)-may-bei Blase along with any recreational ve41461-e-44nle6sepe6rf+F,airy-preha s o _ .. _ s • tot be -low Irr no -event -shalt -the• -Pen reed aware -footage of all- Structures- including alae recreational-+rehisle- exceed two- 100 square-feet-or-,a-6.0--pereent lot coverage wh+€1icvcr is les: nor shalt the -total -of all impervious- surfaces-exceed-70-percent..tet-coverage Whtess-pro-h-i-h+ted b7 subsect+on-C-t'ielow, recreational area -teles may be ptapec-oho fe, latron and -d wR pro-v+ded-+r}-the- -tor+da Ad+i+rnistrat+ve-Code-prey+deerthey-are kitty skirted- -G4 €\cnp!4or+ le dpprrrtoll rlC;=r-- 1d --44+4+d tk4ri No forrndat o -n6 or external app+ marl es--strait-be Constructed or. placed -along -with any c--amping-trailer--trt+Gk-tai }per.-motor--home-private motor -coach or van-Golwersien as def+a-ed-* _ _ _ _ - _ - Dove1-opn4ent-,gra34-1a1:1&. (d) 4e4-4444LP- rr Fea-tkpli41-veh-K;of;. Any -recreational vehicle stored or remaining on a -site -for longer than sixx-+months shalt obtain-a-permit-and-he-trod-down-ut+t+zing-approved-stra{ -an4an -hors This subparagraph 644 314 slot -fie deera�ed-to ai.+thorize the rise -of -soh vebiste for-year-rer+rra- ot+panGy-+n 4+o1a4+on of than --Code e -city -bending official may require tie down-of-recreatie+aat-veh+ptesthat hove not -yet b on -located on a site for -six rho+}ths wher-e 1.1 t The -flat Li re -of -ex -tent • of -op -port enanpe.s- would-u-+art-ate.3-tikel+hood -that-the recreational- vehicle wilt ron+arn for -gr oter than six months or 4-2-t The. recreational vehicle is moved or relocated a=1} a +r arn;r drat-tl € rntert--at 4-14+s subseotron4o provide for the Puhlt-G--Sa-fety-is evaded- {et—(iriri as a 0-4+r4,1-a4cit-Vek(fF,r)<;4 No recreationat-vehrcle-regardless or- e extent or -appurtenances or-t-he-fast--that--4-1-s-piased--er-a foundation, -shalt l e-rssed- within the City. of ©kcec-hobee ao a permanent residence e - - • - - _fiefs --1-9 -011-2--Eton .o -Statutes Secs. 90-173167-90-190. - Reserved. DIVISION 5. - RESIDENTIAL MULTIPLE -FAMILY (RMF) DISTRICT Sec. 90-191. - Generally. (a) Residential multiple -family (RMF) zoning districts shall be permitted only on land designated as future land use category multifamily residential in the comprehensive plan. (b) Uses in residential multiple -family (RMF) zoning districts shall be subject to the regulations of this division. Sec. 90-192. - Permitted uses. The following principal uses and structures are permitted in the RMF district: (1) Single-family dwelling,zero lot line single-family dwelling. (2) Two-family dwellings. (3) Multiple -family dwellings. (4) Public and private schools. (5) House of worship, on a lot of at least five acres. (6) Open space. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (7) Public facility or use. (8) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, 2013. Sec. 90-193. - Special exception uses. The following uses and structures are permitted in the RMF district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Guesthouse, provided that the lot area shall be not less than 12,500 square feet. (2) Boardinghouse. (3) Bed and breakfast establishments. (4) Group home. (5) Day care center. (6) House of worship, on a lot of less than five acres. (7) Community center. (8) Indoor recreation. (9) Outdoor recreation. (10) Public utility. (11) Permitted uses in excess of 45 feet in height. (12) Residential migrant housing facility. (13) Adult family care homes or assisted living facilities as provided by law. (14) Youth center. (15) Recovery center/sober home. Sec. 90-194. - Minimum requirements for special exceptions for residential migrant housing facilities. The city, in the interest of aesthetics, health, safety and welfare of the general population, deems it desirable and necessary to define and set forth the minimum requirements to obtain a special exception for residential migrant housing facilities in the RMF district as follows: (1) Any application for special exception for residential migrant housing facility shall also include the additional information of this section. (2) The applicant shall submit a site plan which shall include floor plans showing the size and dimensions of all rooms, and list the maximum number of persons who may occupy each structure pursuant to the provisions of F.S. § 381.008, or other applicable state or federal provisions. Such application shall include a state permit to operate a migrant housing facility pursuant to F.S. § 381.0081. The owner of the facility shall submit an affidavit stating that the facility shall be inhabited solely by individuals and their families who are migrant farm workers employed in active agricultural operations, together with the name and location of such operation; and that the facility shall not be inhabited on a yearround basis, except that single individual or family may occupy the facility yearround if they act as caretakers under a contract therefor with the owner. (4) The facility shall not house a number of persons in excess of dwelling unit densities for affordable housing set out in section 90-76. No migrant facility shall be located closer than one mile from any other licensed migrant facility, and no migrant facility shall be located within 1,000 feet of any church or school. (3) (5) OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (6) Any migrant facility shall comply with all other regulations and land use regulations for density, setbacks or other requirements of this zoning classification. Sec. 90-195. - Customary accessory uses. Each permitted principal use and special exception use in the RMF district is also permitted to have the customary accessory uses for that use. Sec. 90-196. - Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMF district shall be as follows: r 1 (1) Minimum lot area. a. Single-family dwelling and zero lot line single-family dwelling: Area Width 6,250 square feet 50 feet b. Two-family dwellings: Area 6,250 square feet for each dwelling unit Width ' 100 feet c. Multiple family dwellings: Area 4,356 square feet for each dwelling unit d. Other permitted uses: Area 10,000 square feet Width 100 feet (2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: a. Single-family dwelling, and two-family dwellings: Front Side Rear 25 feet 10 feet 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet b. Multiple -family dwellings, and other permitted uses: Front Side Rear 25 feet 20 feet 20 feet (3) Maximum lot coverage by all buildings Maximum Coverage Maximum Impervious Surface I OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (4) a. Residential uses: 40 percent 60 percent b. Other permitted principal uses: 30 percent 60 percent Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures shall be as follows: All uses shall be 45 feet, unless a special exception is granted. Single family dwelling minimum unit size 800 square feet Sec. 90-197. - Additional regulations. Additional regulations which shall apply to all uses in the RMF district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. Secs. 90-198-90-220. - Reserved. * * *