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1185 #19-001-TAORDINANCE NO. 1185 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66 -GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE- PERSONAL, AND SERVICE- RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, DIVISION 6 -COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90.223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7 -LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8 -HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9 -CENTRAL BUSINESS DISTRICT, SECTION 90.312 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFE AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10 -INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE-OUT RESTAURANT TO ITEM (23) CAFE, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12 -MIXED-USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90-402 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT, CAFE TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 19 -001 -TA, at a duly advertised Public Hearing held on June 20, 2019, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. 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: SECTION 1: Amendment and Adoption to Section 66-1. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 66 -General Provisions, Section 66-1 Definitions 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. 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, Ordinance No. 1185 - Page 1 of 6 Language to be added is underlined. Language to be deleted is sirU& thFOUgh. clothes cleaning and repair, nail care, pawnshop reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a restauFant take eut restauraRt, takeoafe, printer, pawnshep dance or music studio, pet shop, as well as a bar er tayeFn fnr OR premise nnnoiimntion of aIrnhnlir beyeFages and similar establishments. SECTION 2: Amendment and Adoption to Section 90.223. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 6 - Commercial Professional and Office District, Section 90-223 Special Exception Uses as follows: 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 ex6ept 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). (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. Pawnshop. SECTION 3: Amendment and Adoption to Section 90-253. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 7 - Light Commercial District, Section 90-253 Special Exception Uses as follows: 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. Ordinance No. 1185 - Page 2 of 6 Language to be added is underlined. Language to be deleted is struek Waugh. (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. (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. 23I Pawnshop, SECTION 4: Amendment and Adoption to Section 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 8 - Heavy Commercial District, Section 90-282 Permitted Uses as follows: 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. 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. (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for transient recreation use. Ordinance No. 1185 - Page 3 of 6 Language to be added is underlined. Language to be deleted is GtWk threugh. (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). SECTION 5: Amendment and Adoption to Sections 90.312 and 90-313. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 9 - Central Business District, Section 90-312 Permitted Uses and Section 90-313 Special Exception Uses as follows: 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. (11) 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: (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. u Pawnshop. SECTION 6: Amendment and Adoption to Section 90.342. Ordinance No. 1185 - Page 4 of 6 Language to be added is underlined. Language to be deleted is GtFU6k through. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 10 - Industrial District, Section 90-342 Permitted Uses as follows: 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. (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. Pawnshop. Bar. SECTION 7: Amendment and Adoption to Section 90-402. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 12 - Mixed -Use Planned Unit Development District, Section 90-402 Permitted Uses as follows: 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. Ordinance No. 1185 - Page 5 of 6 Language to be added is underlined. Language to be deleted is IgM. (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. (21) Community center. (22) School. (23) House of worship. (24) Public facility or use. (25) Open space. (26) Public utility. L27 Pawnshop. SECTION 8: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9: 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 10: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading at a Public Hearing and set for Final Public Hearing on this 161th day of Jul 2019, Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of August, 2019. Dowling R. atford, Jr., ayor ATTE T; Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUR ICIENCY: John R. Cook, City Attorney Ordinance No. 1185 - Page 6 of 6 Language to be added is underlined. Language to be deleted is stwsk Hxeagh. City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax. (863) 763-1686 Date: 5_ aD... 1 CI Petition No. 1 q -Do 1_ TA Fee Paid: KLA Jurisdiction: h/34, co__ 1st Hearing: A'-. ^. n_1C1 2nd Hearing: e_u_ i9 Publication Dates: Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: 0I1-yo f QKKQemokfc 2 Mailing address: 3 E-mail address: 4 Daytime phone(s): 5 Do you own residential property within If yes, provide address(es) the City? ( ) Yes ( ) No 6 Do you own nonresidential property If yes, provide address(es) within the City? ( ) Yes ( ) No REQUEST INFORMATION >'z 7 Request is for: (X) Text change to an existing section of the LDRs (X ) Addition of a permitted use ( ) Deletion of a permitted use ( ) Addition of a special exception use ( ) Deletion of a special exception use ( ) Addition of an accessory use ( ) Deletion of an accessory use 8 Provide a detailed description of text additions in underline format. (This changes to existing section(s) showing deletions in strikeout and description may be provided on separate sheets if necessary.) LDR Amendment Application Page 1 of 3 9 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) REQUIRED ATTACHMENTS . 10 Non-refundable application fee of $500 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. Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application 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 denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 LDR Amendment Application Page 2 of 3 FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. 3. Will not have an adverse effect on the public interest. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. 5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. 6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Your responses to these findings should be as descriptive as possible. Attach additional pages as may be necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. LDR Amendment Application Page 3 of 3 Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: LDC Revisions- Retail Service, Personal Service, Pawnshops and Bars Staff is recommending a revision to the City's Land Development Code in order to address several inconsistencies regarding the definitions for retail service, personal service and pawnshops and to separate the uses included in these definitions. The definitions of personal service and retail service include uses that should be defined separately and treated separately. The current definition of personal service includes pawnshops. The current definition of retail service includes restaurant, take-out restaurant, cafe, pawnshop, and bar/tavern. In the CLT zoning district, personal service and retail service are permitted uses. Although restaurant, take-out restaurant, and cafe are special exception uses. This means that restaurants, take-out restaurants, cafes, and bars are both permitted uses and special exception uses. In the CPO zoning district, under special exception uses, it lists "personal services, except pawn shops and dry cleaning on premises" We recommend that a definition be added for pawnshop, that pawnshop be removed from the definitions of personal service and retail service, and that pawnshops be listed specifically as permitted uses or, special exception uses in the various zoning district regulations. Additionally, restaurant, take-out restaurant, cafe, bar and tavern should be removed from the definition of retail service; as these are all separate uses that are already defined. Staff is also recommending revising the City's Land Development Code to address several inconsistencies regarding the listing of bars as a permitted use or specially permitted use. Three uses (private club, night club, and bar) are all listed together as permitted uses in the CHV district and as special exception uses in the CLT district. Bars are not currently listed as a permitted use in the CBD and PUD -M districts. However, nightclubs are listed as a permitted use in the CBD and PUD -M districts; and the main difference between the definition of a bar and the definition of a nightclub is that live entertainment is included in the definition of a nightclub and live entertainment is excluded from the definition of a bar. Allowing live entertainment generally makes the nightclub use more intense than the bar use. And it's seems reasonable that the less intense use would be allowed where the similar, but more intense use is allowed. The definitions are as follows: Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Nightclub means an establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on -premises consumption. Private club means an establishment catering exclusively to an association of persons and their providing planning and management solutions For local Governments 575 Jackson treet, juite 2O6 rod: Myers, L. 3)901 259-5”---5566 www.larueplanning.coni guests, on a primarily not-for-profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. The City Clerk did some researching and found that in the oldest available version of the City's Codes, the three uses (private club, night club, and bar) were all listed together as permitted uses in the C -I, C -II, and CBD district. Then in the Ord #716, it appears that bar was just left out. This may be because it was intended that the nightclub use would include bars, since the main difference seems to be that the definition of nightclub includes live entertainment and the definition of bar excludes live entertainment. It may also be that bar was added to the definition of retail service and no longer needed to be listed with private club and nightclub. In any case, bars should be separate from retail service and grouped/allowed with private club and nightclub where those uses are already allowed. As such, it seems appropriate to add bar as a permitted use to both the CBD district and the PUD -M district by amending the Code. At a May 16th Planning Board workshop, the Board provided the following direction: • 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 Staff prepared these land development code revisions in an Ordinance and presented it to the Planning Board at the June 20th meeting. The Board voted 5-0 to recommend approval to the City Council. LaRue plat -Ong 2 Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: Appendix Revisions- Parking Reduction Petition City Code Sections 90-483 through 90-485 provide for requests to reduce the amount of parking that is required according to Section 90-512. However, there is no fee schedule, submittal process, or parking study requirement provided specifically for parking reduction requests. Currently, the City charges the same fee for a parking reduction request as a site plan review. In situations where the parking reduction request is concurrent with the site plan review, this is appropriate. However, there are certain situations (e.g. change of use) where an applicant may request a parking reduction without a site plan review. In these cases, it is not appropriate to charge a site plan fee which is a minimum $1,000. Staff is recommending that a fee of $250 may be more appropriate, considering that staff will spend considerably Tess time processing a parking reduction request which is not associated with a site plan. At a May 16th Planning Board workshop, the Board provided direction regarding the creation of a new fee schedule for parking reduction requests. Staff prepared a Resolution which provides a parking reduction petition fee and outlines the submittal requirements and steps for processing parking reduction petitions. This Resolution was presented to the Planning Board at their June 20th meeting and the Board voted 5-0 to recommend approval of that Resolution to the Council. providing Planning and management solutions for local governments i 575 Jackson Street, Suite 206 Fort Myers, FL 35901 239-55+-5566 www.larueplanning.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 1 375 Jackson 5treet, Suite 206 Fort Myers, FL 35901 239-35`1--5366 www.Iarueplanning.com 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 Street, Suite 206 Fort Myers, FL 33901 239-33+-3366 www.Iarueplanning.com 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 1575 Jackson Street, Suite 206 fort Myers, FL 55901 239-534-5566 www.larueplanning.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. LaRuc. Planning 2 EXHIBIT A Mobile Food Vending Articles Planning fundamentals for public officials and engaged citizens This ra': QuickNotes was prepared by Palrich Terranova, economic developmentspeciofsr at the collimate Development Corporotion, with 4ssistpceliQlDavid Mr' leseatch„ 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. 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 1 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. F1 1 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. Policy Consideration 2: Operations 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. Policy Consideration 3: Health 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. Policy 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). © 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, FRCP, Chief Executive Officer; David Rouse, AICP, Managing Director of Research and Advisory Services; David Morley, AicP, QuickNotes Editor;; Julie Von Bergen, Assistant Editor; Susan Deegan, Senior Graphic Designer. A Publication of the American Planning Association 1 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 for Planners. Planning Advisory Service Report No. 509. Chicago: American Planning Association. Available at www.plan- ning.org/store/product/?ProductCode= BOOK_P509. 2. Other Resources Frommer, 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/food-truck- freedom. Food on Wheels: Mobile Food Vending Goes Mainstream. 2013. Washington, D.C.: National League of Cities. Available at www.nlc.org /Documents/FoodTruckReport.pdf. Eating on the Go: Mobile Food Trucks 4/12/19, 4:16 PM Eating on the Go: Mobile Food Trucks by Beth Humstone January 26th, 2012 Editor's note: This article by PCJ contributing writer Beth Humstone supplements the PCJ 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/eat ing-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, or 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) (2) (3) (4) Are under 18 years of age. Have been convicted of a felony within the last five years. Have been convicted of any crime involving theft, fraud or deception. 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) 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. (2) Filing a false or misleading statement in an application for a permit. (3) 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 are as 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. (5) 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. (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 rig hts-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. g. 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. (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. (f) (g) (i) 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. (5) 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. (6) 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. (7) 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. 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.ramsethmlbfl.orq 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) O 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. O 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. O 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 06/04/2013 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: Residential single-family one (4) (5) Residential single-family two Residential mobile home Residential multiple -family (RSF 1) (RSF 2) (RMH) Commercial professional and office (6) Light commercial (7) (8) Heavy commercial (RMF) (CPO) (CLT) (CHV) Central business (CBD) (9) (10) Industrial Public use Planned unit development (IND) (PUB) (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 (1) Code Residential single-family one RSF 1 Density du/ac 4 Comprehensive Plan Category Single-family residential (2) Residential single-family two RSF 2 (3) Residential mobile home (4) Residential multiple -family RMH 6 6 Multifamily residential Single-family residential RMF 10 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: Residential Zoning District Residential single-family one Affordable Housing Code RSF 1 Density du/ac Comprehensive Plan Category 5 (2) Residential single-family two (3) RSF 2 7 Single-family residential Multifamily residential Residential multiple -family RMF 10 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: (1) Residential Zoning District Redeveloped Housing Code Residential single-family one (2) (3) Residential single-family two Density du/ac Comprehensive Plan Category RSF 1 5 Single-family residential RSF 2 7 Multifamily residential Residential multiple -family RMF 11 Multifamily residential Sec. 90-78. - Standards for single family dwelling units. 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 subiect 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 adiacent 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 plan 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 gauge and model of the strap to be used, the soil type, 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 manufacturers 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 manufacturers 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. (7) 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 III. - 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 applicants 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 adlustments 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. Within 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. 2. 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. (9) 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) All 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 II 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 f. 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 ioist shall be insect proof and rodent proof throughout, and securely sealed. i. The roof shall be in good condition with no apparent leaks. j. 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. k. All running pear 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 III. - 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 any, county, state, or federal government may utilize a mobile home, manufactured home or recreational vehicle for residential uses, sublect to a showing that all other applicable regulations, such as those on health and sanitation, have been met. 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 Tess, 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. 90-7584-90-100. - 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 less 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) 1 Single-family dwelling: Area 10,000 square feet Width 75 feet (2) OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS 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 (2) Side Rear Other permitted principal uses: Front Side 25 feet 10 feet 10 feet Rear 25 feet 20 feet 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 (1) (2) Single-family dwelling: Other permitted principal uses: 45 percent 25 percent Maximum Impervious Surface 55 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: Single-family dwelling: Other permitted principal uses: 30 feet, unless a special exception is granted 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: Concurrency regulations. Parking and loading regulations. Landscaping regulations. Sign regulations. 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 less 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: (2) Area Width Other permitted principal uses: Area 6,250 square feet 50 feet 20,000 square feet 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 Side Rear 25 feet 10 feet 10 feet Zero lot line single-family dwelling: Front Side 25 feet 15 feet and 0 feet (2) Other permitted principal uses: Rear Rear 10 feet 25 feet 20 feet 20 feet (c) Maximum lot coverage by all buildings. Maximum lot coverage by all buildings in the RSF 2 district shall be as follows: (1) Single-family dwelling: Maximum Coverage (2) Other permitted principal uses: Maximum Impervious Surface 45 percent 25 percent 55 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: (2) Other permitted principal uses: 30 feet, unless a special exception is granted 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 MOBILE 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 lots 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) (5) (6) (7) (8) (9) Recreation vehicle park for transient recreation use only. Community center. Indoor recreation. Outdoor recreation. Golf course. 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: (2) a. Minimum area. Mobile home park: Area Area Area Mobile home subdivision: Recreation vehicle park: Minimum lot area. 10 acres 10 acres 10 acres Mobile home and single-family home: b. Area 5,000 square feet Other permitted principal uses: Width Area 50 feet 10,000 square feet Width 100 feet Minimum yard requirements. Except where a greater distance is required by these regulations for a (3) particular use, the minimum yard setbacks in the RMH district shall be as follows: 1—TaT District yard minimum: 20 feet on all property boundaries b. Mobile home and single-family home: c. Other permitted principal uses: Front Side Rear 20 feet 10 feet 10 feet Front Side Rear (4) Maximum lot coverage by all buildings. 25 feet 20 feet 20 feet OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS a. Maximum Coverage Maximum Impervious Surface Mobile home, recreation vehicle and single-family home: b. (5) 50 percent 50 percent Other permitted principal uses: Maximum height of structures. 30 percent Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 30 feet. 66 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. This part sets forth the minimum standards for residential single family dwellings. Townhouses, Regulations... shall -be subject --to -this pal—Except as specificallyy set -out in...this- Code, -no -mobile hone, manufactured-home;....trailer, —travel trailer, recreation -al vehicle {RV),.._ park .... model..... recreational vehicle, Sec. 90 168. Dwelling foundations. Properly -designed and -....constructed .... foundations are -essential---for--the..... publl£—safetya-n-d- welfare - dwelling snit-: (1- - Foundation—requirements -for- ..single -fam, y- dwellings _.in- .._..all- onirrg._ classifioatio s except OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS U be p|a accordance with thc Florida Building Code; or the codes adopted by section 66 10 Land m- ''~ ~'' the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housng and t(Handbook 4A30:3-19-8A).1he'previsions ofChapter 15C 1, F.A.C. Pror to thc pouring of any concrctc or tho placcmcnt of concrotc blocks orfootings, the arca ender which -concrete p|000dshall b*ok*e*ed- uf-o|lorganio material -and shall be pre -pared toensure duainago as /oquirod�yappU�aW* oodooendapppova��#*�o�yb+�di+go#��' any lot or ar o where such dwelling unit is intended to be placed and as permitted by the oMyr+maet bc filled and/or -graded to e+ -sure -that the- ground upen+mhich-m*chfoundohon is e e' "'-e= - -installation corresponding - increase inovoro|huk)ht. b. Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall bo compactcd 3S foliows: 1. Remove any organic topsoil and other deleterious materials to thcir horizontal and 2. Compact the entirc aroa under thc concrctc slab as nccdcd to achicvc a compaction of at -lee-st-49-5-percentofASTM-D1557 Pkeee-#A+*-nuodod�n-not Minimum compaction density shall be 2,000 psf G. PeoiFn*A*r footer -A- perimeter where required--by-the-Florida Building -Code, shall -be in accordance with thc Florida Building Codc. d. Piers and blocking. Where piers or blocking arc utilized to elevate structure from the slab, te' ,* ^-^:e e -e:-'**, ~° = ee ^ * ^= ilding 66 10, Land Development Regulations; or the Permanent Foundations Guido for Depa g and U -r -ban -Development AH-ondb urer'e specifications *t or --'` ,-' auger anchors arc used. Where picrs and blocking arc utilized, thc following shall bc required-;• 1- The Amoreee*adequate d houmt; 2. Al! piers must have thc top course fiflcd with concreto or havc a sotid cap b!ock; 3. prop000d maximum pie+h*ightb*yond w-hish- ho mahufacturer-requires or recommends that -an onginoepdesign-the-foundationshal|be indicated onthc development porrnitapplication; /I Whore a concrete slab or the intcrior poured runners are not usod, the development --= = `- = � ~' ~- e- theyizing | b o�n-g-oapanhy and required toSupport-sici*wa-I| munufaoturer�-s-pec4fica# '"^ ' te' e e°' . "-°: th tho*pplicotion,-withthe ' -'^ "'"'.- '"-' '" ^ " ' "'- indioe0y1henumbe/.kzoohonandoonstmctionofproponndpiomondhouhngu; OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS hedevelop r,uri N ,-,-n-iap - c-ation-s-haN-indicate the type and model of anchor to be used, the gaugc and model of the s used to determine the soil type; and r-nanu-facturer-'s-specific-at ons.... and- hig-plight- the •--specific-methods- to- be--used-to e._--Craw/epaoe-and closure -walk A crawl space shall be defined as the area between -the -slab or -finished -grade an -d4 -he -floor of- any -structure -elevated above -that slabor.-finished-.grade. perimeter runner ground: Where -a slab -is used, and -where -toad bearing points arc crawl- spaces of -the -following 1. Brick. eet in -height- shall have a closure -wail -constructed -of -one siding--to-the -slab-or-footer:-VV.here-the slab -or.footer ...is more than eight....inches_of..._the finished grade level. dwelling- ..siding- o -;he or-footer--W-here....t-he-slab i-s--more-than--eight inches above grade level. 4- Framing; bathing -and stucco -in accordance with Florida- Building Code requirements specifications are met: panel hicknoos shall be at least .(inches; -top -front -and -top in- height from --the finished -grade to -the floor of the dwelling. Perforated pancla-may-be perir aeter--concrete footer.. or runner where... a f-ooter.....or runner exists -or is required to exist. The skirting shall be fastened using less than '/4 inch in diameter or by rust expansion anchors no Tess than 5/16 inch in diameter. The fasteners shall be spaced no -mere -than 18 inches -apart: Where -no perimeter -concrete f -doter -or -runner -exists -or is -required-to exist; -vinyl-skirting.._shall ..-be attached to the ground. using- rust -resistant Swelling---units-to be installed or-constructedith-a crawl space--o-seven-feet or greater in height.... shall--be--submitted... to the ---city --batkling-.official ....engineering- plansdemonstrating harmoniou-s--with existing -structures in tile-vicinity-T-he--determination-of the -building official OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS io„ ypn_^ rr��iromo��n.�tc ara ..�uru� ��tes—Ad4.1cG u.,.,, rN�s�k+i�ll--meet ;d,� ior+da-Build'-re�„�r incorporated by section 66 10 Land Development Regulation. (2) Foundation and elevation requirements for residential mobile home (RMH) zones. described-+n•subsection-(1-}of this •section--er-en}-poured--oor-orete-strip footers -with -blocking manufacturer's-speci#icatiens, units a -be--set--up in accordance -with- Chapter F --A,> ,-Prior to the- an -y concrete -or the placement of -coon- to blacks er eetings; thc arca under which concrete or thc unit will bc placed shall be cleared of all organic material. Further, any lot or ar a where such dwelling unit is intended to bc placed and a:, permitted--ib-y the city, m-ustni-be-'Il'ed and/ore - e - e = . - - the ground upon-which such foundation is to bc placed is of an olovation no loss than 12 inches above tho crown of tho roadways immediately adjacent to such lot or ar a. The city reserves tho right to increase---this--e-evationi-it-- he event the- installation- of septic- tank -service -.requires -a- corresponding acorresponding increase in overall height. section 66 10 Land Development Regulations. c. Blocking-and-tie-down-shah-be-it-aceerca4 Ge -wit -provisions-of-the Florida &Aiding -Code conventional construction; chapter 150 1.010, Florida Administrative Code (or the- rn-anufac-tu-rer's-specifications provided they meet -or -exceed -the minimum-requircments set .11ars shall be required where auger anchors are used. In addition, the requirements of d. Where a crawl space exists, thc crawl space shall bc enclosed by a bearing or non bearin 1-69(1) shall -be perriitted-skirting/enclosure provided it is socurel-y fastened to the ground. mobile home -parks ar ....des ned-o--transtory--u•sc by -mobile and -manufactured homess. Accordingly -the requirements of subsections -(-1)---and -(2)-above to the-contra-ry-netwithstar+ding, where. a manufactured home or mobile home is to bc located inside a mobile home or home -or -manufactured -hoes- 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 th Code). All such units shad-be--fuIly-skirted-. Stabilizing plates or-collars-shall--be--required where auger -...anchors are used. Friar to the- poringof..any-GenGrete-er--the-placenent-of-concrete blocks or footings, the arca under which concrete will bc placed shall be cl ar of all organic material. • . .. - •- - - . _ - _ neous dwollings. 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. 90 169. Appearance and design standards. Any single-family-dwelling-ionated-in--a--RS-F-1...--RSF--2; RMF -or -RM -H- zon-ing -district- -shall-comply (1-) •Minimum floor --area. -The-minimum floor-ar a shall be 800 -square --feet -including the -area -of a -n attached ^garage (tom excluding -carport; screened porch -or Florida r subsection (10) herein. To bo eligible for calculation as minimum floor arca, such square OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS aa-nufacturo•r-to be -a s+ngte--sera oture shall be considered an--integrated-roof system -under -this remain -two sides such that the overhang is architecturally-i-nnegrated-into the -design of the sides, -the -City -Building Official shall determine the overhang necccsary for-eac1i--side p -u suant to -s sects n-QO--169(1). wood shakes, asphalt, composition or wood shingles, clay, concrete tiles, slate, or--19-044-un gravel materials. - (11) Siding materials. All main buildings and all garages shall have exterior siding material eee shalt -exclude -smooth, --ribbed or -corrugated metal or -Oa -ale pars, The ex-terior siding- cannot Design -suit ilii. -T -ie --city ecognizesthat-mobile-her-r+elmodalanhemesIrnanufactur-ed.. housing O eeshebee Code,- and -an -y -o her --applicable- build+^,e- d—es-in effect for mobile home park or subdivision shall be 20 feet. home- s�zbd.i vision (8) Relocation and installation of used dwelling units. Any used dwelling unit built and remaining in Regulations; -or the"matured- Horne --Construction- -and Safety -Standards -of -the --U S: 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 Design Standards of this section and -with -the -provisions of section 90 1€-9 of this -Code -There shall -be ^� ,-ebuttable- presu-mption that a unit -that -is five- years -of age or less as -of the date of placed, constructed or installed. 1. The applicant's name a -net -address and-a-statementof ownership 2_ Legal--description,-street--address;--lot number -and.... subdivision... -name, -if --any, of. the 8- Size of the property in square feet and acres. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS Eio✓a:io anu phetograpns o, au sides of the -dwelling -proposed to be relocated- on the property. 6. A statement describing thc cxtorior dimensions and roof sloop of thc dwelling proposed to be relocated on the property. A description-of-thc exteriorfi-n+sh--of-ihe-dwe-lltng.,..inc.kdi g--exte-r-ior-watl-s-and-roof: 9: -F-roof-.....that--the dwelling- contin-ues-.... too-... meet either . the Florida -Building - Codes incorporated -by section 66-40 Land Dev-elopme t -gulation-s-or-t-lae--Ma-nt floured Urban Development. 1-0,--Asite plan drawnto--scale illustrating -the proposed use and -including the -following: i-------l:ocat-ion-of-the property by lot -number, block-au-m-13er and street address, if -any. ii. Thc dimensions of the lot or parcel of land on which the manufactured home is t be located.: _-The--proposed- _locat-ien-of the dwelling-en--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. section 66 10 Land Devclopmont Regulations. 1-4.-. -For purposes -of notification;-the---names--and addresses -of --property owners, as -they appear-on---the-latest tax.... roll-ef Okeechobee-County-with-in--1-50-feet--of-the- subject property. b:.. -- -Procedure -Fer R«oie• of-Application-for-used-units--that-were-constructed-or-rnanufactured rnore-than-five-year-s from the date -that -a-complete-pe-rmlt-application-+s-submitted 1. Within ten days after an application has been submitted, thc city building official shall determine whether the application is complete. If thc building official determines the a-pplication is not com-piece- he Miall send a -written Statement- specifying -the applicant's deficiencies to the applicant by mail. Thc building official shall take no further action on tho application unless the deficiencies arc remedied. �4lithir� 30-days--after-the-city--building-official termines the a-ppllca-tion-is-corn-p-lete;-he • - . _ . _ . _ _ - _ .. - • - - - _ . _ _ serapl+es-with- the appearance and design standards of this section and whethor the unit is and whether thc unit is consistent with and compatible with thc general character of 3. Following the determination of compliance, the city building official shall place the application--for---the determination --of- suitability --for--dwelling--unit- relocation -9-1a--the agenda of the next available regular meeting of the board of adjustments and appeals Development Regulations, or Manufactured Home Construction and Safoty Standards of- the U-S—Departmen+ of- Housing- and--Urban-Devclopmcn as- well as the her the unit is consistent -with -and cempatible--with- OKEECHOBEE CHAPTER 90- ZONING ARTICLE 111. - DISTRICTS AND DISTRICT REGULATIONS the general character ot-th-e--neighborhood or community. Wifh-n-a reasonable...tim-e-of • section. Appeals of the board's determination shall be in accordance with tho provisions -of section 70 a74 --Land Development Regulatiens-. 5. Notification of the board's decision shall be mailed to the petitioner and filed with the city budldiag-official. 6, A- ..final ___determination -..in- .__...favor ---of-compliance shhall......_permit the-.... relocation—and and subject -to any conditions -thatthe-board of adjustments and -appeals -may -impose. security sh-a#t be required. The shall --be required prior -to issuance of -any initiate aetl -and-dispose of -the unit and appurten-ances. incorporated by section 66-10-. Land-Development-Regulations--or.the--Manufactured meet -the appearance and design_.. standards -of -this -section. -or the-faiture-to-determine to -be-- ,s;ste.-t-with--and--compatible with--surrounding--unites-er-the- failure-to-be community, the relocation -and replacementireinstallut;on-ef the -dwelling -unit -shall be limited -to an.otherwise-conforming..._site._.located-in a....residential--mobile.. home .(RMH-)- zoning RMH!)-zoning district subject to applicable codes and regulations. The failure of a used unit placement; -replacement, installation--or---reinstallation-of-a-used....unit shall-riot-au-th-prize (RMH) district. G. Procedure for reg ie` : of appl,cation for used -units -that were- constructed -or manufactured 1. Within ten days after an application has been submitted, the city building official shalt • -' -- - - -- - •- - . -- - -- - -•- -- -- -•-- - - - shall -review the application -and shall determine -whether the -dwelling -unit -continues to t1.S. Department-ofHouaingand-Urban-Development, a -s -well -a -the rewire -merits -of 3: -A--final---determination in -favor---of sem-Oa-nee- .shall-...-perm-it--the- relocation—and OKEECHOBEE CHAPTER 90- ZONING ARTICLE U|. DISTRICTS AND DISTRICT REGULATIONS prevmi:noef this CoUc, o/any code by0nd into -this Code are met, and subject to any conditions that may bc imposed to ensure compliance with {9) 'e~- '- *~ e '°.°=.' :e' ~~w, ~4 ~ e e: e 'e^,- *: °^ - '^°.° = minimum- codo-oomV*Uanua security shall ba -required `° e = '' "- ° -e � °, --~ e the- costs -necessary dispose ofthoup-it-a-ndepf*+rtononoo� in ivo. o*euiete d with or incidental to restoring thc lot tooconforming condition. If thc buliding, construction or development activity is not completed pursuant to conditions pkaned, including any = ;•• e . -~' appurtenances. 4_—A-finedd favor relocation -if ason " :' c' ,'e -=^' incorporated by section 66 10 Land Development Rogulations or thc Manufactured — e-"' ~'^ ° Urban Development. If thc reason for a finding ofnonoonnp|ionoo was thc failure to meet thc appearance and design standards of this section or thc failure to be consistent with and compatible with surrounding units or the failure to be consistent with- oreern-patible-with-th-e-general-charaoter-of -the- neighborbood-ar-oommunity-, the ~° e e+dbj**ct4s-ap-p-l-ioeblenodeo and regulations—The #aikif-e+ofaused- unit to-meet-aso standards as established by this Code for the l000Uon, ndooution, p|uoomont, n:p|000ment, installation or reinstallation of a used unit shall not authorizc thc m , mobile -home - district. 5. An affected party may file an app | of a final determination to the board of od—appeals -u:-established—by suotion--7A-375--and —70375 --Land Dave lo p m-ent Regulations: Doviotiono. Thc city building official may approve deviations from onc or more of the app rancc and dccign standards on thc basis of a finding that the architectural style proposed prev-ides+o*npxanaahng design features and that the be compatible- and harmonious with existing structures in thc vicinity. Thc determination of thc building official may = 'e°''-* e "°' ^ ° Development Regulations. ._-� �* - �-' :~: e. - shall bc reduced .' " °, t't ~ . ~e shaUbcmduced from 00square foot to 600 square feet in the case of construction funded or rt ena1**-*tete grant. ^ . ~~ �- ~ ~ �--�~ ~� ���� - , -�- ~e ° ~e *~ e -e~ = � ~e '' -''- —''''—' any-existingfamily-dwelling, mobile -la em -e-,- manufacturedhomeTor-trailer -having-ies-s vre °- ='''t '=�~ - "' = _ t accordance with applicable codes prior to adoption of the City Land Dovolopmurt ='' e. ~' for the -p-u-rpmno -themof OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS re-mmai-Ring-t-wo sides -ash--the minimum -width .. requirement -herein shall be -reduced -to 1-2 feet. homeowners ••associationby-laws; - t?at may- a - not be roc-erd-ed--oaf -record,--that effect -the that -these restrictions ....may -contain -..design -or ---ether standardsoentrary-te-t-hose-required in this Code W -hate -the city- will -.a#tem-pt4e--ionor-such r corded --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 liability for an application that is inaccurate or incomplete -in -this regard. Sec. 90 170. Minimum code compliance review. intended. to- be -used .....for -human-...-habitation or -the--storage. of materials--associated--with human habitation-in--t-he--city-should be re i w to -en r -e -float -they --provide the -basic -m -i- -housing-and- 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 - A home, manufactured hon ....trailer -o 'n in -violation -of thisseGtion--sha44 -be subject to -fine -and/or irn-prisorament-in-accordance- -with-- sections -66 10 and 18 31 through---'1s-75� - Land--Dov-eiopment Regulations. (b) New - dwelling _ units:.. AI -1 - new manufactured- ...homes -built in c-orn-p ianee -with- the --Manufactured Home Construction -and-Safety-Standards-(-HUD Code).;.Ethapter 320. Florida -Statutes and provisions of the licensed -under Chapter 320, F.S. That the mobile home or mane - _ - - _ ed and rema►ns -in --compliance-with-said statutes-and--codes-Additionally-an-y--permit-appiieation-intending-.or- manufactured--home-on-building in the-City-of-Okeechobee--must--demonstrate that--the-unit- was protection provisions for Wind Zone Il as established by HUD regulations CFR Part 3280, Sections particular building or structure is -subject. and buildings and shall ensure safc and liable housing. Thc provisions of this section shall not be const -rued to- be -more stringent than those standards required- to-be--m-et -in-the- manufacture -or of-Ok-eec-hobee en--the--effective--date- of this- Code shall._ be inspeeted-by-11 -city-ciepartrnent.. of planning and development prior to being transported, reinstalled or relocated in the city. Thc - department -and pay off site inspection- shall uding mileage, in full, for the -off site- in-spection: The -homes, or used manufactured -homes- and God -e ---but said requirements shall -not by construed to be more stringent than the -code to which the unit was originally constructed. (2) All used trailers, mobile homes and used manufactured homes and buildings prior to being 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 OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS cd- inGorpor .1 by se-sorence sntethis-Cede•-and affix his -impression type -seal nd-registration num-ber to lep- import into thc city from outsido of the city a trailer, mobile home, or used manufactured home structural design- requirements -add windstorm—protection provisions -for --Wind Zone 14 as established by HUD regulations CFR Part 3280, Sections 3280.3005 and 3280.306, or thc equivalent code, -statute or regulation to which- the construction- of the particular -build-ing is subject: Upon -meeting applicable requirements- and subsequent relocation- to the- e#y-the requirements of thi Codc shall require the immediate disposal of the unit or removal of the unit from the Gity-of Okeechobee. municipalities within this state to conduct inspections required by this section. (4) Due -to the- ask -of- federal--b-uilding-ancl..-. safety -.-..standards for -transportable ---structures (sec section 66 10 Land Development Regulations) that for the most part would prohibit such of Okeechobee for use or resale as a dwelling either temporarily or permanently, nor shall any another location in-the—city. The sale, -resale, ••installation -or transportation of --a -mobile- home -in Okcochobce or to a permitted sitc for dcmolition and disposal. (d) Standards for review. (1) Trailers, mobile homes and used manufacturod homes and buildings shall meet the following standards for safety and structural adequacy. a,.. -.__E -x -t; sr—e eloers,,--inclu4 ee s, shall be in good -and -s fe— o; ming order: b. Exterior doors shall have safc and operablo locks. egress -doer loci -ted in each... -sleeping -room - f. All floors shall be of solid decking. All holes or damages floors caused by locks or brokon decking-sh-all-be--replaced-or repaired, as needed- g. All interior wall coverings shall be in place. l}:._..--The-bottom board -covering -.the fleor joist shalt be -insect proof _androdent--proof-throughou-t- an4seeurely sea,'ed'- i. The roof shall bc in good condition with no apparent Igaks. j. There shall bc at toast three over thc roof tic down straps, properly spaced and in good condition-: on every sing6e-wide rrxabiie home: --A11- double -wide --mobile- homes- that.... were specifications, k: All -running -gear -such as... axles, wheels- and springs -shalt bein-good-and-safe. work1ng- ©rdcr. rr�- - The-exterior--wall-covering-shall-be-as necessary to pre-v-ent-the-entrance -of-water: OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS Trailes, „, N , nantifeetur-ed-hem-e-s-and -buildings shallreet---the-f-o}lowing {3) {l) extended-beneath-the--mobile--home Traitors, mobile ho - standards for --heating system. -adequacy: a Add-heating-apptfa-aces shall be in--place-and in --good and safe workable eondit}op- b. All duct systems shall be in place and in good workable condition. Trailers, mobile homes or use manufactured homes and buildings shall meet the following standards -for electrical --system adequacy a. All sh^'� n 1--comply-with--the provisions of -article -55 -9 -of the National -Electrical Code 22 e e.. _ c. AII-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 satisfactor-y.....wr-itten..certification- from ...an engineer .i.n...accordance with--subsection-(c)(2)-above, or the satdsf-actory-written-certification from a licensed the --city--buildin.g...-official-sh-all home-or-used--menufaetured home or building. Provided however_no....su ed ,,n+i} g such -permit shall .be;ssa � -G,-R the-.si-te on which the unit -i-s--to•be-place is -determined by the _.building -official--•to be_in..compliance with shall be -valid only -for the site inspected. -Any subsequent relocation of the trailed mobile-horne, (f) Minimum- Any building ar -structure.... used gar-intended-te be used for human accordance with this section shall be inspected to ensure that they comply with basic minimum provisions of the Florida Building Code. Sec section 66 10, Land Development Regulations. A this Code shall -appl-y:- - - - Sec. 90 171. Governmental use. Any - -._agency of_-municipal—county, state. -or.- federal -government may-.. utilize._ a_ --mobile home Okeechobee, --providing- such-- uses shall--not-be--ter--include. a -residential -or _dwelling—use On govern -mentally -owned land-witnin-the oily -by any, coun-ty, state, or federal government m-ay-utiliz-e-a ••- Sec. 90 172. Recreational vehicles. OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS (-a} Use -of: a --dwelling No re-c{-eationaf...._ve-h-isae.-....as- ...defined---in.._-seGtaen----664,----La-rid---DeveIopnent {b) Appurtenances to recreation vehicles. Upon application and receipt of a permit from the building department appurtenances such as garages, car -ports -Florida rooms reeked rooms, sun room greenhouses, cabanas, or patios (excluding kitchen and cooking facilities) may be place along with any recreational vehicle unless specifically prohibited -w subsection4-be1ow- In --no event shall the combined square footage of all stoma^etures 4nclud er- e eati^riai - ehicIe (c) .. - -- impervious surfaces exceed 70 percent lot coverage. Unless prohibited -b7 stthsection -C--below, recreational vehicles -may -be placed on -a foundation and tied -dawn as-pravided-ire-the-Fior-id-a-Admihietrative-Code pr$vided4h-ey-arefully-skirted : Exception to appurtonancos and foundation. No foundations or external appurtenances shall be con&truetcd or placed along with- any --camping trailer;_.truek-c-am-per -m®tor-hflrn-e-private motor .coach or-va-n....conversion as de#+tied-i.ra._Section-66-.1-...-Fend. Developmeot--Regulafiena-: subparagraph -shall not -be deemed te-atifhoraze the use -of ....such .-vel icl vielatien-of-tf}' - - - - - - - - - - - - - - - - not yet been located on a site for six months where: {-1-) The nature -of extent of appurtenant -es ouid-indioate-a-4kelihood 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 for..year -round..-occupancy- in (e) Uso as a permanent residence. No recr ational 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- 167-90-190. - 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 Tess 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: (1) a. Minimum lot area. Single-family dwelling and zero lot line single-family dwelling: b. Area Width Two-family dwellings: Area 6,250 square feet 50 feet 6,250 square feet for each dwelling unit Width 100 feet Multiple -family dwellings: Area 4,356 square feet for each dwelling unit Other permitted uses: Area (2) 10,000 square feet Width 100 feet 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 Zero lot line single-family dwelling: Front Side (3) Rear 25 feet 10 feet 10 feet 25 feet 15 feet and 0 feet Multiple -family dwellings, and other permitted uses: Front Side Rear 10 feet 25 feet 20 feet 20 feet Maximum lot coverage by all buildings Maximum Coverage Maximum Impervious Surface a. b. Residential uses: 40 percent 60 percent Other permitted principal uses: (4) 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. Ll Single family dwelling minimum unit size OKEECHOBEE CHAPTER 90- ZONING ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS 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. LaRue Staff Report To: Okeechobee Planning & Zoning Board From: Ben Smith, AICP Date: May 8, 2019 Subject: Land Development Code Workshop Discussion Items (1) Restaurant Parking City Code Section 90-512 requires that parking be provided for restaurants, nightclubs, and bars at 1 parking space per 75 square feet of floor area. Floor area generally refers to the amount of floor area within a building. This existing standard is appropriate for most restaurants but may not provide a sufficient basis for determining the amount of parking needed for some types of restaurants, including: • Restaurants which primarily provide take-out services • Restaurants relying on a significant amount of outdoor seating to serve customers • Drive-in restaurants City Code Section 66-1 already provides separate definitions for restaurant and take-out restaurant as follows: Restaurant means an establishment where food and drink are prepared, served, and consumed, mostly within the principal building. Restaurant, take-out, means an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food and/or beverages may take place from an automobile when a special exception for drive-through service has been approved. Since the existing definition for take-out restaurant adequately describes all three types of restaurants listed above, it seems appropriate to provide a new parking standard for that restaurant definition. There are alternatives to relying strictly on floor area to calculate the number of required parking spaces. Some jurisdictions utilize a calculation that requires a certain number of parking spaces based on customer service area; and some jurisdictions use a calculation based on number of customer service seats. Using a calculation is the simplest method and it seems appropriate to revise Code Section 90-512 as follows: Providing planning and management solutions for local governments 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-33+-3366 www.Iaruepianning.com Sec. 90-512. - Space regulations. Off-street parking spaces are required as follows: * * * (2) Commercial Uses: Shopping center, retail store, retail service, and personal service, or 1 per 300 square feet of floor area service, except as may otherwise be specifically identified in this section. Furniture or appliance store 1 per 500 square feet of floor area Professional office, business 1 per 300 square feet of floor area service Medical office 1 per 180 square feet of floor area Nursery, lumberyard 1 per 250 square feet of floor area Restaurant, 1 per 75 square feet of floor area 'Nightclub, and bar Restaurant 1 per 75 square feet of floor area Restaurant. take-out 1 per employee, plus 1 per three customer service seats Barbershop, beauty shop, and nail salon 2 per service chair Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses Auto service, repair or wash 1 per 150 square feet of floor area Automobile sales 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. Auction house (indoor), or storefront church with fixed seating 1 per 3 seats in the area used for the auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. Auction house (indoor), or storefront church without fixed seating 1 space for each 90 square feet of area used for the auction or assembly area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship in excess of 1,470 square feet. * * * LaK�� pianning 2 (2) Fees for Parking Reduction Requests Sections 90-483 through 90-485 provide for requests to reduce the amount of parking required according to Section 90-512. Currently, the City charges the same fee for a parking reduction request as a site plan review. In situations where the parking reduction request is concurrent with the site plan review, this is appropriate. However, there are certain situations (e.g. change of use) where an applicant may request a parking reduction without a site plan review. In these cases, it is not appropriate to charge a $1,000 fee. Depending on the recommendation of the City Administrator and other staff, a fee of $200 to $300 may be more appropriate, considering that staff will spend considerably less time processing a parking reduction request. LaKuc piarining 3 (3) Definitions of Retail Service and Personal Service The definitions of personal service and retail service include uses that should be defined separately and treated separately. The current definition of personal service includes pawnshops. The current definition of retail service includes restaurant, take-out restaurant, cafe, pawnshop, and bar/tavern. In the CLT zoning district, personal service and retail service are permitted uses. Though restaurant, take-out restaurant, and cafe are special exception uses. This means that restaurants, take-out restaurants, cafes, and bars are both permitted uses and special exception uses. In the CPO zoning district, under special exception uses, it lists "personal services, except pawn shops and dry cleaning on premises" In order to address these inconsistencies and to separate the uses included in these definitions, the Code should be revised. This would also be a good time to consider whether the Board would like to recommend adjusting which districts pawnshops are permitted or specially permitted. Code Section 66-1, Definitions, should be amended 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. 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 i' ;tautaut, talc out ra;taurant, cafi, printer, trn+11.;hr1p, dance or music studio, pet shop, :I! as a bar or ta' eHT for on premise consumption of alcoholic beverages. and similar establishments. * * * The CPO district standards should be amended as follows: Sec. 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. except pawn shops and dry cleaning on premises. (3) Cafe. LAZue planning 4 (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). (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. The CLT district standards should be amended as follows: 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. (9) Pawnshop 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. Lau' piaflmKng 5 (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. (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. The CHV district standards should be amended as follows: 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 Lakuc pIi,ariniing 6 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. (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). The IND district standards should be amended as follows: Sec. 90-342. - Permitted uses. The following principal uses and structures are permitted in the IND district: LaRue pi''a fining 7 (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. (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 LaKuc p tra in'tng 8 (4) Bars Three uses (private club, night club, and bar) are all listed together as permitted uses in the CHV district and as special exception uses in the CLT district. Bars are not currently listed as a permitted use in the CBD and PUD -M districts. However, nightclubs are listed as a permitted use in the CBD and PUD -M districts; and the main difference between the definition of a bar and the definition of a nightclub is that live entertainment is included in the definition of a nightclub and live entertainment is excluded from the definition of a bar. Alloying live entertainment generally makes the nightclub use more intense than the bar use. And it's seems reasonable that the less intense use would be allowed where the similar, but more intense use is allowed. The definitions are as follows: Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Nightclub means an establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on -premises consumption. Private club means an establishment catering exclusively to an association of persons and their guests, on a primarily not-for-profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. The City Clerk did some researching and found that in the oldest available version of the City's Codes, the three uses (private club, night club, and bar) were all listed together as permitted uses in the C -I, C -II, and CBD district. Then in the Ord #716, it appears that bar was just left out. This may be because it was intended that the nightclub use would include bars, since the main difference seems to be that the definition of nightclub includes live entertainment and the definition of bar excludes live entertainment. It may also be that bar was added to the definition of retail service and no longer needed to be listed with private club and nightclub. In any case, bars should be separate from retail service and grouped/allowed with private club and nightclub where those uses are already allowed. As such, it seems appropriate to add bar as a permitted use to both the CBD district and the PUD -M district by amending the Code. The CBD district standards should be amended as follows: 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. LaRue ptanning 9 (11) 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. (13) Pawnshop The PUD -M district standards should be amended as follows: 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. (1 1) 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. (21) Community center. (22) School. (23) House of worship. (24) Public facility or use. (25) Open space. (26) Public utility. (27) Pawnshop LaRue 10 IINDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 4. 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 Cou ty, Florida,_that the attached copy of advertisement being a rU I2i (. New in the matter of 1\16-4102-' P2)196 �G� La'V`c 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. Katrina Elsken Sworn to and subscribed before me this • (.1)-1f‘ day of i ILO `_›Z.Ol q AD Notary Public, State of Florida at Large 9 R!, s+' '� ='\,,„ Pvn f \ F11 AUG C:1119 1 r- CITY OF OKEECHOBEE NOTICE OF PROPOSED LAND DEVELOPMENT REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Tues, August 6, 2019, at 5:00 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider the Final Reading for adoption of the proposed Ordinance amending the Land Development Regulations as follows: No. 1185: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66 -GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE -PERSONAL, AND SERVICE -RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT . REGULATIONS, DIVISION 6 -COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7 -LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8 -HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9 -CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFE AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10 -INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE- OUT RESTAURANT TO ITEM (23) CAFE, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12 -MIXED-USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90-402 PERMITTED USES, TO INCLUDE TAKE- OUT RESTAURANT, CAFE TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The proposed Amendment may be viewed on the website, cityofokeechobee.com, or at the Office of the City Clerk, during normal business hours, Mon -Fri, 8 AM -4:30 PM, at the address above. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition to any item on the agenda a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. IIIDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the 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. �c (�►cr+cam' . `�� in the matter of r �� Ix `�Lam( t � jc till ,L A t .l Tx { in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of '7/t7 12�.;C, 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 fpr publication in the said newspaper. Sworn to and subscribed before me this lc fc; day of " I i1 Notary Public, St to of Florida at Large , - -1/1( t bk /30 it!)(9)A- ANGIE BRIDGES MY COMMISSION # FF 978149 EXPIRES:Apra 20, 2020 4;R fe" Bonded Thru Notary Public Underwriters Katrina Elsken AD 3 NOTICE OF PROPOSED LAND DEVELOPMENT REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Tues, July 16, 2019, at 6:00 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider a First Reading and set a Final Public Hearing date for a proposed Ordinance amending the Land Development Regulations as follows: No. 1185: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66 -GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE -PERSONAL, AND SERVICE -RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, DIVISION 6 -COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7 -LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8 -HEAVY COMMERCIAL DISTRICT, SECTION 90- 282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9 -CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFE AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10 -INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE- OUT RESTAURANT TO ITEM (23) CAFE, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12 -MIXED- USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90- 402 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT, CAFE TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The proposed Amendment may be viewed on the website, cityofokeechobee.com, or at the Office of the City Clerk, during normal business hours, Mon -Fri, 8 AM -4:30 PM, at the address above. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition to any item on the agenda a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. n._�_,•,___I 1____ 1 _.__ /1_.V:_yam_ n\APs lN:t../'I_._I. 1IDEPENDEN NEWSME'I: INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,, Florida,. that the attached copy of advertisement being a in the matter of i—t-ivek t AL: 'i✓Tfr R-)4AE�iiLl'1 t►�Ql.,C in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of (4 /al 1 91,zo1`I 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 Th day of J Lli 1 t_ - icl Notary Public, State of Florida at Large C Q 04- 1 l .. •..!V PI ••., ANGIE BRIDGES • A,, • MY COMMISSION *• - s; T`; EXPIRES:April 20, 2020 ,••.;'Erin .0,-. Bonded Thru Notary Public Underwrites Katrina Elsken AD Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CITY OFOKEECHOBEE PUBLIC NOTICE LAND DEYELOPMENf REGULATIONTEXTAMENDMENT NOTICE ISHEREBY GIVEN that PUBLIC HEARING wit be held before IteOLYofol�ediobeeNpararr�nhgqBoanismeeting ed as the led Pas nrgiPat onTiwn]rme2O, 2019,6:OOPM 011. aasnonsklerand ren4ble,att$y acrngEthe Code ofOrdrarroYa� Bland Development Fatten Na 19-001-1A puµoe to amend the laming areas in the Code of (titillates CHARTER 66 GENERAL PROVISIONS, def forpawrdap,p rsor� , ,adv amazing Sedion 66-1, revising CHARTER 90 ZONING: Article III D66id and D'cbtt Regulations, Dtaite 6 Comrade! P,t( l and O9be Section 93-223 anaa5y the Special Exception Uses by addrig len (13 Pamshop; DMsion 7 light Carnrneaal Distil, Section 90-253 a Fleury Special *shit oo Bon ty 282 arrenci g the R6 r 3a1 Iles by addn9 hen (19) Pavttelnp; DNsixr 9 Cenral amines O&M Se3ixr 90-312 Remitted Lies b/ anrendrg Hers (3) to include take-outrestarestaurant, and (6) to iodide bas and Section 93-313 10amendngaD�kcSecti m 11t byarn f(2 )to indde ra'tarant and talre-art ,oat rt, tars (34) Pawrdn9 and (35) Wr; Duman 12 Mvedike Ptarned r) D61ric Sndian 9 . 402Bon 191 tits' iars(10))mtd;rdet9nt restarrar#a 1 cafe, (14)mtr#debas and Item (27)Pawrsop. The proposed amendment also Irduds axc'idaatiar to pro/de for an ap- pafor paridng ra#rtion mutest, and a prof fee of $x.00, the ion of the Code ri Ordrarees that could be amended an this byre are Amanda A-Appitation Requied on o � C-WoMile mart Regulation Fund Charges. Ile proposed amendment may be telexed at the address above drig regular business t's,Mon-Fri8AM-4:30PM,atieptfix hofrhys.The pubSc Ls encouraged to tient The PtanigBwndwrtissue aremnrnercl nonF itonKb.19431- TA that will be forwarded to the City Camel for mnsderatial at Pubic Fl9ri s tentatively sledded for 6:00 PM co July 16, 2019 and Amit 6, 201 ANY PERSON DECIDING TO APPEAL any dedsiar made by the Planing Board with respect to any rraUa oxti4dered at tilt meeting whit need to ensure a verbatim romrd cfthe promeci g is made and the remrd idudes the testimony and evidence upon which the appeal wil Ile basad. In aocordanze w➢h the Americas with DiEab3ties Ad (AD8,), any person with a d +b r as defined by the ADA, that needs spatial aaanrnodandrl to participate i1 this proceeding, contact the General ServimsOffice rnolatertan toobidretbdayspdatoprooeefu ,863- 763-3372. BE ADVISED that should you intend to show any doomed, Iztue, video cr terns to the Piercing Board in srppatcccppcation toary min cn Ure age • a mpy of the doamoehtt: Wire, video, cc hen must be provided to t e Board Secretary f i-Ule Oty1 retards. By Zahig Pdmi stat r Maras Mates 1 Ora, nefilion No.19-001--TA 340640 ON 6/2,12/2019 Email Transmittal CITY OF OKEECHOBEE Office of the City Clerk 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 9814 To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept. Attention: Janet Levy, jlevy@newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com Ad Type: Legal Publish On: Wed, 5/8 Proof of Affidavit(s): Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: PO# Check #: Mailed On: CITY OF OKEECHOBEE PUBLIC NOTICE PLANNING BOARD WORKSHOP NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board (PB) will conduct a Workshop on Thur., May 16, 2019, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The purpose of this Workshop is to discuss and consider amendments to the Land Development Regulations in the areas of: parking requirements; parking reduction application and fee; definitions; permitted and special exception uses. The specific topics include but are not limited to retail service, auto detailing businesses, restaurants, take-out restaurants, cafe's, bars, and pawn shops. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the General Services Office, 863-763-3372 x9820. ANY PERSON DECIDING TO APPEAL any decision made by the PB with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the PB in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. BE ADVISED THAT ONE OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Chairperson Dawn Hoover NDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Siiite D. . Okeechobee,-Wrida 34974'! 863; �763'3134<_eft ,r t� M ,-- ` 1 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 0041 c in the matter of \NIaas ( - ` I�i�rU 1�C e_)0 CL, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 51g 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. /Z;' Katrina Elsken Sworn to and subscribed before me this ' day of M0 rZCIcl AD Notary Public, State of Florida at Large 1\1\PA>_. \G\ C .0)- J ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Api820,2020 '<eoFF,p.Bonded^��.� � Nu Notary Public Underwriters re q _ "'N.. F ---Q • 1 ,_' CITY OFOKEECHOBEE PUBLDCNOTIIC:E PLANNING BOARD WORKSHOP NOTICE IS HEREBY GIVEN that the ay of Ofeech3tee Planning Board ((Pp98))tv>imrdu3a on Thor, May 16, 7619, 6 PM, or as won drieallaaspo$hh� S5SE�3rdAve, Rot 2 0, Okeedntiee, Fl. The ppuu efthis lhatdopIsto deans and consider arEaairerrbmthe land Regulations hthe arms oFparktngreqniarertsparking reddbnapploadbnLar,War dfee; dfnbonSmold pth lemenres. to smote, alp &lett)] bs resTarrant taieat�ararts,of �hers, ardpawn dio •hepolio IsMed adenmrragedlnattend.11 teatared from ceschom 6eemorhyoargtheCe,aaiSentas`Mr863-763- 337 • ANY PERSON DEtm1NG1DAPPEALaryderklonnabytl eFBwih respat tin mead cf the 5 manatter consthed dee adhis meting the mrd blurbs the tggineny annd eJdhre Wm Whit lie (ADA), appeal w0 bye fased N =dace Milt e the ADA, that n amrtrri d tx to pati k tfL poo nMita • .,,ainioNyas darned �, coma • the General SavFs Olfze no later tan hto lowness days Rix to pmrPedg ea -70-3372 BEADVISED that amid you L dhrdewaryrbarnai pidue, or terns to the FBlnscportor qoposbontoarryTzro tnea,mLr,a copySecretary doormat rer the mds�vMeocrternnmustbeporbadtotheBBooaarrdd BE ADIILSW THAT ONE OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE ATTHES MEETING. THIS NOTICE I5 POSTED TD MEEI'STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. • Bt.O ato rwn'2 Hae ApRef) clvA A p" (u Patty Burnette From: Lane Gamiotea ShOLLid Sent: Thursday, May 30, 2019 9:04 AM a.) ftw-Forrrt To: Ben Smith; Patty Burnette Cc: Gloria Pellito; Bobbie Jenkins; John Cook 2nd (jrcook1648@yahoo.com) Subject: RE: LDC Text Amendments for June ()mt.( neeclea(/ SGn1.- �{-hin Choco/l . Ok, we have the ads submitted for the June Meeting & Workshop. dU(iv But I have a question — related to the Resolution amending Appendix C, shouldn't we also amend Appendix A and B? I didn't find what application form that should be used for this in Appendix A (perhaps we're using Form 9, Site plan -I-13 i7Xp . review? If so, do we need to amend the language in there to make this clear, and the processing would also need to be cleared up as TRC provides the recommendation but the City Council has to give the final approval, correct?) And then Appendix B provides what information is supposed to be submitted with the application/petition, is all the content required, or just some of it? Let me know, I'll give a copy of this to Attorney Cook to review as well. Thanks! Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Ben Smith [mailto:benalarueplanning.com] Sent: Monday, May 27, 2019 7:56 PM To: Patty Burnette; Lane Gamiotea Cc: Gloria Pellito; James G. LaRue; Marcos Montes De Oca; Robin Brock Subject: LDC Text Amendments for June Lane and Patty, 1 Please see attached draft Ordinance and draft Resolution, which provide the changes that we received firm direction on from the P&Z at the May workshop. I see that the fee schedule was last adjusted by Resolution 2018-08, so I used the same format for the parking reduction fee. Please let me know if you see any issues. Thanks, Tet Smith, AICP, LEE') GA Lakue planning 1 575 Jackson 5t #206, Fort Myers, FL_ 3390 239-334-3366 bens=larueplanning.com 2 Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Monday, May 27, 2019 7:56 PM To: Patty Burnette; Lane Gamiotea Cc: Gloria Pellito; James G. LaRue; Marcos Montes De Oca; Robin Brock Subject: LDC Text Amendments for June Attachments: Draft Ord- LDC Revision- Bars, Restaurants, Services, and Pawnshops.docx; Draft Ord - LDC Revision- Bars, Restaurants, Services, and Pawnshops.pdf; Draft Res- Appendix C - Parking Reduction Request Application Fee.docx; Draft Res- Appendix C- Parking C;eduction Request Application Fee.pdf Lane and Patty, Please see attached draft Ordinance and draft Resolution, which provide the changes that we received firm direction on from the P&Z at the May workshop. I see that the fee schedule was last adjusted by Resolution 2018-08, so I used the same format for the parking reduction fee. Please let me know if you see any issues. Thanks, Oat Smith, AICP, LEEP GA LaRue planning 1 575 Jackson St 2o6, tort Myers, �_. 33901 259-354-3566 hen «larueplannino.com 1 RESOLUTION NO. 2019 -XX Combtnecl n PP Dtwhim A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 98-11, AS AMENDED, APPENDIX C, SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES, AS SET FORTH AS AN ATTACHMENT TO THE LAND DEVELOPMENT REGULATIONS; REQUIRING CERTAIN FEES FOR THE PROCESSING AND APPROVAL OF APPLICATIONS FOR PARKING REDUCTION REQUESTS; CREATING FEE SCHEDULE 20, FOR INCLUSION INTO APPENDIX C; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE 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 C, Code of Ordinances as follows: APPENDIX C. SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES Fee Schedule: * * * 20. Applications for Parking Reduction Requests $250.00 SECTION 2: Conflict. All Resolution 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 Resolution No. 2019 -XX Page 1 of 2 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 2 of 2 Dowling R. Watford, Jr., Mayor Patt Burnette From: Sent: To: Cc: Subject: Attachments: Ben Smith <ben@larueplanning.com> Thursday, May 02, 2019 11:22 AM dowlingwatford@okeechobeeford.com; Lane Gamiotea; Patty Burnette Bobbie Jenkins RE: Research on Bars Sec._90_698._Private_club_nightclub_and_bar_requirements.pdf Yes, bars are not currently listen as a permitted use in the CBD. However, nightclubs are listed as a permitted u2 in the CBD; and the main difference between the definition of a bar and the definition of a nightclub is that live entertainment is included in the definition of a nightclub and live entertainment is excluded from the definition of a bar. So if someone is considering a bar in the CBD, I would ask whether they've contemplated allowing a band to play at this establishment. If so, then it could be a nightclub, which is a permitted use. Also, keep in mind that the supplemental use regulations for bars and nightclubs must be adhered to. See attached. One of the supplemental requirements is that the property must be at least 20,000 square feet (0.46 acres). 13e►n Srnnitln, AICP, LEE) GA [akue planning 1 375 Jackson 5t #206, rort Myers, l]_ 5590 i 239-334-3366 ben@laruepIanning.com From: dowlingwatford@okeechobeeford.com <dowlingwatford@okeechobeeford.com> Sent: Wednesday, May 1, 2019 7:28 PM To: Ben Smith <ben@larueplanning.com>; Lane Gamiotea <Igamiotea@cityofokeechobee.com>; Patty Burnette <pburnette@cityofokeechobee.com> Cc: Bobbie Jenkins <bjenkins@cityofokeechobee.com> Subject: RE: Research on Bars I assume bars are currently not allowed. It would take an amendment to LDR's, correct? Tks, DW Original Message Subject: RE: Research on Bars From: Ben Smith <ben@aIarueplanning.com> Date: Wed, May 01, 2019 5:43 pm To: Lane Gamiotea <Iclamiotea@ cityofokeechobee.com>, "Dowling Watford -Work Email (dowlingwatford@ okeechobeeford.com)" <dowlingwatford Ookeechobeeford.com>, Patty Burnette <pburnette(acitvofokeechobee.com> Cc: Bobbie Jenkins<bjenkinsPcityofokeechobee.com> Thanks Lane, i Without any better record of the minutes, all we can do is speculate. But I think your speculation seems reasonable. It's helpful to know that all three uses (private club, night club, and bar) were all listed together as permitted uses in the C -I, C -II, and CBD district. Then in the Ord #716, it looks like just bar was just left out. This may be because they intended for the nightclub use to include bars, since the main difference seems to be that the definition of nightclub includes live entertainment and the definition of bar excludes live entertainment. Allowing live e:tertainment makes the nightclub use more intense than the bar use. And it's seems reasonable that the less intense use would be allowed where the similar, but more intense use is allowed. And good pickup on the PUD -M district. It makes sense to add bar to both CBD. and PUD -M. 13ev. Smith, AICP, LEED GA LaRue planning 1 575 Jackson St #206, tort Myers, �_ 55901 259-55+-5566 ben@Iarueplannin4.com From: Lane Gamiotea<IgamioteaOcityofokeechobee.com> Sent: Wednesday, May 1, 2019 5:24 PM To: Dowling Watford -Work Email(dowlingwatford@okeechobeeford.com) <dowlingwatford©okeechobeeford.com>; Patty Burnette <pburnette@cityofokeechobee.com>; Ben Smith <ben@larueplanning.com> Cc: Bobbie Jenkins <bjenkins@cityofokeechobee.com> Subject: Research on Bars Here's what I've been able to conclude after looking through the records regarding bars as a permitted or special exception use in CBD. 1. Prior to the current LDR's being adopted, we had the "orange zoning book" as our regulations (this was also the baseline used to create the LDR's). 2. The only discussion I could find during the almost 2 -year period the citizen advisory committee & City Council reviewed, discussed & created the LDR's where the word "bar" was mentioned was on May 20, 1996 during a joint LDR Workshop where the word "Bar to be added with the title of Section 707" which list the special exception requirements for Private Club or Night Club (however, the minutes for just citizen advisory committee meetings have not been scanned, only the ones when they met in joint session with the City Council are scanned). 2 This is the same wording & title that's listed in the current section: Sec. 90-698. - Private club, nightclub and bar requirements. I went back through the multiple versions of the LDR's as they were amended throughout the LDR creation process and each place where "private club/night club" was listed, bar was not included. Nor can I find where the word bar is in the first original LDR's except the definition and in the title as explained previously. If there was some discussion during a citizen advisory committee meeting to remove the word bar with private/night club, unfortunately I cannot find it without those minutes being scanned. But when you read the attached spreadsheet, r )tice that the essence of orange zoning book language is carried over to the current language. So either it (bar) was removed and supposed to be readdressed and got forgot about, or when they amended the title of Section 707 to include bar, perhaps they meant to do that throughout the document instead of just that section. Note that in addition to CBD, it needs to be addressed for PUD -M. Let me know if anyone has any questions & hope this information helps © Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 3 Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Wednesday, May 01, 2019 5:07 PM To: Patty Burnette Subject: RE: Question on private club, night clubs, bar It looks like the definitions of both nightclub and bar allow for the sale and on premises consumption of alcohol; and the main difference between the definitions of bar and nightclub, is the presence of live performers. So my interpretation on this is as follows: If a nightclub is allowed, and a nightclub allows for live entertainment, it should follow that a similar yet Tess intense use (i.e., a bar with no live entertainment) should be allowed as well. Most likely, it was never intended that a bars would be prohibited in a zoning district where nightclubs are allowed. And Ordinance 1170 was just clarifying this point. We should revise the code to further clarify that bars are allowed in the CBD. But until we make that revision, it doesn't seem inappropriate or problematic to allow a bar in the CBD. And technically, if there someone out there that would like to open an establishment in the CBD where alcohol will be sold for on premises consumption, I would ask them if they've contemplated the possibility of ever allowing a band to play at this establishment. If so, then it's technically a nightclub and is a permitted use. Beta Smith, ACCP, LEE) GA Lakue planning 1373 .Jackson jt 4206, or Wers, {-L, 33901 239-33+-3366 hen iarucFlannino.com From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Wednesday, May 1, 2019 2:00 PM To: Ben Smith <ben@larueplanning.com> Subject: RE: Question on private club, night clubs, bar do not recall if there was a reason why it was not included. I checked back through the Planning Board and City Council Minutes and do not find any notations. The Mayor is inquiring whether a bar is a permitted use in the CBD zoning district so was researching this for him. In the past when a specific use was not listed we would look to see if there was something closely related and if so then use that. Since bar is not listed would I use private club, nightclub and then the supplemental use regulations for this use which also contains bar until such time when it is added? Not sure because of the definition for bar. Thank you. Nightclub means an establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on -premises consumption. 1 Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Wednesday, May 01, 2019 5:43 PM To: Lane Gamiotea; Dowling Watford -Work Email (dowlingwatford@okeechobeeford.com); Patty Burnette Cc: Bobbie Jenkins Subject: RE: Research on Bars Thanks Lane, Without any better record of the minutes, all we can do is speculate. But I think your speculation seems reasonable. It's helpful to know that all three uses (private club, night club, and bar) were all listed together as permitted uses in the C -I, C -II, and CBD district. Then in the Ord #716, it looks like just bar was just left out. This may be because they intended for the nightclub use to include bars, since the main difference seems to be that the definition of nightclub includes live entertainment and the definition of bar excludes live entertainment. Allowing live entertainment makes the nightclub use more intense than the bar use. And it's seems reasonable that the less intense use would be allowed where the similar, but more intense use is allowed. And good pickup on the PUD -M district. It makes sense to add bar to both CBD and PUD -M. 13evi Sw►ith, AICP, LEEP GA LaRue planning 1 375 ,Jackson 5t #206, tort Myers, rt ) 3901 259-334'-))66 ben@larueplannino.com From: Lane Gamiotea<Igamiotea@cityofokeechobee.com> Sent: Wednesday, May 1, 2019 5:24 PM To: Dowling Watford -Work Email (dowlingwatford@okeechobeeford.com) <dowlingwatford@okeechobeeford.com>; Patty Burnette<pburnette@cityofokeechobee.com>; Ben Smith <ben@larueplanning.com> Cc: Bobbie Jenkins <blenkins@cityofokeechobee.com> Subject: Research on Bars Here's what I've been able to conclude after looking through the records regarding bars as a permitted or special exception use in CBD. 1. Prior to the current LDR's being adopted, we had the "orange zoning book" as our regulations (this was also the baseline used to create the LDR's). 2. The only discussion I could find during the almost 2 -year period the citizen advisory committee & City Council reviewed, discussed & created the LDR's where the word "bar" was mentioned was on May 20, 1996 during a joint LDR Workshop where the word "Bar to be added with the title of Section 707" which list the special exception requirements for Private Club or Night Club (however, the minutes for just citizen advisory committee meetings have not been scanned, only the ones when they met in joint session with the City Council are scanned). 1 This is the same wording & title that's listed in the current section: Sec. 90-698. - Private club, nightclub and bar requirements. I went back through the multiple versions of the LDR's as they were amended throughout the LDR creation process and each place where "private club/night club" was listed, bar was not included. Nor can I find where the word bar is in the first original LDR's except the definition and in the title as explained previously. If there was some discussion during a citizen advisory committee meeting to remove the word bar with private/night club, unfortunately I cannot find it without those minutes being scanned. But when you read the attached spreadsheet, notice that the essence of orange zoning book language is carried over to the current language. So either it (bar) was removed and supposed to be readdressed and got forgot about, or when they amended the title of Section 707 to include bar, perhaps they meant to do that throughout the document instead of just thz`• section. Note that in addition to CBD, it needs to be addressed for PUD -M. Let me know if anyone has any questions & hope this information helps © Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 2 Orange Zoning Book Defines Bar, Cocktail Lounge or Saloon as: "any establishment devoted primarily to the retailing and on -premises drinking of malt, vinous, or other alcoholic beverages, or any place where a sign visible from public ways exhibited or displayed indicated that alcoholic beverages are obtainable for consumption on the premises" Defines Private Club as "For the purpose of this zoning ordinance, private clubs shall pertain to & include those associations & organizations of a fraternal or social character, not operated or maintained for profit, & to which there is no unrestricted public access or use. The term "private club" shall NOT include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit." Defines Night Club as "a restaurant, dining room, bar, or other similar establishment providing food or refreshements wherein paid floor shows or other forms of paid entertainment are provided for customers as part of the commercial enterprise." Private Club, Night Club & Bar or tavern for on -premises consumption of alcoholic beverages are permitted uses in Commerical, C -I, C -II, CBD, & IND. Private Club is a permitted use in CPO. Ord #716 LDRs as orginially adopted Defines Bar as "establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes cocktail lounge and saloon." Defines a Private Club as "establishment catering exclusively to an association of persons & their guests which is not available for unrestricted public access, includes fraternal lodge, sorority, union hall." Current LDRS Defines as "means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon." Defines a Private club as?'means an establishment catering exclusively to an association of persons and their guests, on a primarily not-for-profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall." Defines Night Club as "establishment Defines Nightclub as "means an providing indoor entertainment, establishment providing indoor usually with live performers & dancing, entertainment, usually with live which food & alcoholic boverages may performers and dancing, where food be sold for on -premises consumption." and alcoholic beverages may be sold for on -premises consumption." Private club, Night Club are permited uses in CHV & CBD. Private club, Night club are special exception uses in CLT. Private Club is a permited use in CPO. None allowed in IND. Private club, Night club & Bar are permited uses in CHV & as special exception uses in CLT. Private club & Night club are permited uses in CBD, PUD -M, , Private Club is a permited use in CPO. None are allowed in IND. • 4/25/2019 *NO_ £icaep'h guJa len /""'Okeechobee, FL Code of Ordinances Sec. 90-698. - Private club, nightclub and bar requirements. Private club, nightclub and bar requirements are as follows: (1) Location No building shall be located closer than 75 feet to property line abutting a single-family residential lot. (2) Minimum lot area Area 20,000 square feet. Width 100 feet. (3) Minimum yards Front 40 feet. Side 25 feet; 50 feet abutting residential zoning district. Rear 25 feet; 50 feet abutting residential zoning district. (4) Maximum lot coverage 25 percent. (5) Maximum height 35 feet. (LDR 1998, § 707) 1/1 Pattthirnette From: Patty Burnette Sent: Thursday, April 25, 2019 5:21 PM To: Ben Smith (ben@larueplanning.com) Subject: Question on private club, night clubs, bar Attachments: 1170 #18-001-TA.pdf Hi Ben. Back in October last year the City Council approved Ordinance 1170 (I have attached a copy for your reference). One of the items was adding bar to section 90-282 permitted uses for CHV and section 90-253 special exception uses for CLT. My question is was there a reason it wasn't added to the permitted uses for CBD? Thank you for checking, Patty Pa-tty M. 6wrje-'Hv general Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, EL 34974 Tei 863-763-3372 Direct: 863-763-982o 'Fax: 863-763-1686 e mail yburnette@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 ORDINANCE NO. 1170 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 86 -SUBDIVISIONS, ARTICLE I -IN GENERAL, SECTION 86-4 DEFINITIONS, ADDING DEFINITIONS FOR LOT SPLIT/DE MINIMIS SUBDIVISION AND JOINDER OF A LOT; AMENDING ARTICLE II -PLANS AND PLATS, ADDING A NEW DIVISION 3 ENTITLED, SIMPLE LOT SPLIT/DE MINIMIS SUBDIVISIONS, AND A NEW SECTION 86-90 ENTITLED, PROCEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A SIMPLE LOT SPLIT/DE MINIMIS SUBDIVISION; ADDING A NEW DIVISION 4 ENTITLED, JOINDER OF LOTS, AND A NEW .— ECTION 86-91 ENTITLED, PROCEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A JOINDER OF LOTS; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, DIVISION 6 -COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90- 223 SPECIAL EXCEPTION USES, ADDING A PROVISION TO ALLOW ONE DWELLING UNIT PER COMMERCIAL BUILDING WITH CONDITIONS; AMENDING DIVISION 7 -LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, TO INCLUDE BAR TO ITEM (3) PRIVATE AND NIGHT CLUB, AND ADDING A CONDITION TO ITEM (15) ONE DWELLING UNIT PER COMMERCIAL BUILDING; AMENDING DIVISION 8 -HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES, TO INCLUDE BAR TO ITEM (8) PRIVATE AND NIGHT CLUB, AND SECTION 90-283 SPECIAL EXCEPTION USES, ADDING A CONDITION TO ITEM (17) ONE DWELLING UNIT PER COMMERCIAL BUILDING; AMENDING DIVISION 9 - CENTRAL BUSINESS DISTRICT, SECTION 90-313 SPECIAL EXCEPTION USES, ADDING A CONDITION TO ITEM (10) ONE DWELLING UNIT PER COMMERCIAL BUILDING; AMENDING ARTICLE IV -SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 1 -GENERALLY, SECTION 90-447 YARDS ON CORNER LOTS, BY IDENTIFYING THAT THE YARD UPON WHICH THE PROPERTY IS ADDRESSED IS AS THE PRIMARY FRONT YARD; AMENDING DIVISION 3 -OFF-STREET PARKING AND LOADING, SECTION 90-512 SPACE REGULATIONS, REQUIRING ONE PARKING SPACE PER 75 -SQUARE FEET OF FLOOR AREA; AMENDING DIVISION 7 - ACCESSORY USES AND STRUCTURES, SECTION 90-632 APPLICABLE REGULATIONS FOR ALL, ADDING A NEW SUBSECTION (E) REQUIRING THAT STRUCTURES OR CONTAINERS USED FOR STORAGE BE TREATED AS AN ACCESSORY STRUCTURE; AMENDING DIVISION 9 -SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS, ADDING A NEW SECTION 90.705 ENTITLED, TEMPORARY PORTABLE STORAGE CONTAINERS, AND SETTING FORTH THE RESTRICTIONS AND LIMITATIONS UPON THEIR PLACEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 18 -001 -TA, at a duly advertised Public Hearing held on July 19, 20'8, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. Ordinance No. 1170 - Page 1 of 7 Language to be added is underlined. Language to be deleted is e{redk{hreugh. 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: Amendment and Adoption to Section 86-4. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 86 -Subdivisions, Article 1 -In General, specifically: Section 86-4, Definitions, by adding definitions for lot split/de minimis subdivision and joinder of a lot, as follows: Lot split/de minimis subdivision means a division or reconfiguration of land, whether improved or unimproved, into not more than two contiguous lots or parcels of land and welch division or reconfiguration does not involve the need for a new street, or easement for street purposes, or the establishment or dedication of a highway, street, or alley. Joinder of lots means any combination of a lot of record, or parcel of land (or portions thereof) with one or more other lots, lots of record, or parcels of land (or portions thereof). SECTION 2: Amendment and Adoption to Section 86-90. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 86 -Subdivisions, Article II -Plans and Plats, by adding a new Division 3 entitled, Simple Lot Split/De Minimis Subdivisions and a new Section 86-90, as follows: Section 86-90. Procedure for Application Submission and Approval of a Simple Lot Split/De Minimis Subdivision. Submittal. The City shall consider a proposed lot split upon submittal of two copies of the following information: (1) A cover letter describing the project, identifying the project contact person(s) and any other information relevant for City's staff review, If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. gi All applicable fees (See Appendix C. Schedule of Land Development Regulation Fees and Charges). f4 Owner's authorization (if applicable). 2 A survey, not more than one year old, prepared by a professional land surveyor registered in the State of Florida. The survey must include legal descriptions acreage and square footage of the original and proposed lots and a scaled drawing showing the intended division, including any existing or required easements and/or restrictions. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application; and a metes and bounds description shall accompany each description. f) A statement from the appropriate provider indicating if water and sanitary sewer service capacity is available to the property. ( Standards. All lot split requests must conform to the following standards: f� The division of land must not increase the number of lots to greater than two. (2) The property that is the subject of the lot split shall be current in its ad valorem tax and other assessments due to the City and County. 2 Each of the newly created lots must meet or exceed all requirements of the zoning district in which the lot is located. f4 Each of the newly created lots must abut a public or private street for the required minimum street frontage for the type of lot, or as otherwise stated in the City's subdivision regulations. Language to be added is underlined. Language to be deleted is slresir-through. Ordinance No. 1170 - Page 2 of 7 j_51 Each of the newly created lots must have no encumbrances on the subject property that would render the newly created lots undevelopable, or would impact the transfer of title. u If there are existing structures on the subject property, the lot split shall not cause any existing principal or accessory structures to become nonconforming regarding required setbacks, maximum allowable density and intensity, and maximum allowable lot coverage and impervious surfaces. Ll The proposed lot split must be consistent with surrounding lots. In determining consistency and compatibility with surrounding lots, the City Council may consider, among other things, whether the existing or platted Tots have been divided; whether the majority of existing or platted lots are comparable in size or configuration along the same street within 500 -feet of the subject lot; and if the resulting lots are waterfront lots, whether they will be of adequate size to accommodate a septic tank. ,(8j No further division of an approved lot split is permitted, unless a development plan and plat/replat is prepared and submitted in accordance with the City's subdivision regulations, and this chapter. 11 A lot split may not be approved if property taxes are not current for any part of the property that is the subject of a proposed lot split. fcZ Approval. fl The City Administrator, or his designee, shall review the lot split application and, with input as needed from the City's Planning Consultant and other members of the Technical Review Committee, determine if the application meets the submittal requirements of Section 86-90(a). If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. 1_31 When a submittal or revised submittal is found complete, the City Administrator, or his designee, will review the application for consistency with the standards of Section 86-90(b), with input as needed from the City's Planning Consultant and other members of the Technical Review Committee. L1 If the City Administrator finds that the application meets all the standards of Section 86-90(b), they may approve the lot split and notify the applicant accordingly. If not, they may approve the lot split with conditions, or disapprove the lot split, and notify the applicant accordingly. LI Actions subsequent to approval. Before a building permit may be issued, the applicant must: (1� Record the lot split in the official records of Okeechobee County; and u Provide proof of the lot split approval by the City Administrator. SECTION 3: Amendment and Adoption to Section 86-91. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 86 -Subdivisions, Article II -Plans and Plats, by adding a new Division 4 entitled, Procedure for Application Submission and Approval of a Joinder of Lots, and a new Section 86-91, as follows: Section 8691. Procedure for application submission and approval to combine multiple Tots into one parcel or lot (hereinafter referred to as a "joinder"). 1.41 Submittal. The City shall consider a joinder upon submittal of two copies of the following information: 11), A cover letter describing the project, identifying the project contact person(s) and any other information relevant for City's staff review. If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. u Completed application form. f3l All applicable fees (Appendix C. Schedule of Land Development Regulation Fees and Charges). Ordinance No. 1170 - Page 3 of 7 Language to be added is underlined. Language to be deleted Is akask-tbreugh. f41 Owner's authorization (if applicable). 151 A survey, not more than one year old, prepared by a professional land surveyor registered in the State of Florida. The survey must include legal descriptions acreage and square footage of the original lots and proposed lot and a scaled drawing showing the intended joinder, including any existing or required easements and/or restrictions. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application; and a metes and bounds description shall accompany each description. L61 Completed Unity of Title form. 1121 Standards. All joinder requests must conform to the following standards: f11 The properties that are the subor_t of the joinder shall be current in their respective ad valorem tax and other assessments due to the City and County. f21 All lots or parcels (or portions thereof) shall be located within the same zoning district. u Approval. ((11 The City Administrator, or his designee, shall review the joinder application and, with input as needed from the City's Planning Consultant and other members of the Technical Review Committee, determine if the application meets the submittal requirements of Section 86-91(a). 21 If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. Lal When a submittal or revised submittal is found complete, the City Administrator, or his designee, will review the application for consistency with the standards of Section 86-91(b), with input as needed from the City's Planning Consultant and other members of the Technical Review Committee. al If the City Administrator finds that the application meets all the standards of Section 86-91(b), they may approve the joinder and notify the applicant accordingly. If not, they may approve the joinder with conditions, or disapprove the joinder, and notify the applicant accordingly. Li Actions subsequent to approval. Before a building permit may be issued, the applicant must: f1 Record the Unity of Title in the official records of Okeechobee County; and f21 Provide proof of the joinder approval by the City administrator. SECTION 4: Amendment and Adoption to Section 90-223. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 6 - Commercial Professional and Office District, Section 90-223 Special Exception Uses, by adding a provision to allow one dwelling unit per commercial building with conditions, as follows: (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. SECTION 5: Amendment and Adoption to Section 90-253. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordir,ances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 7 - Light Commercial District, Section 90-253 Special Exception Uses, to expand the list of uses in subsection (3) to include bar, and to modify subsection (15) to read as follows: (3) Private club, nightclub, and bar. (15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. Language 10 be added is underlined. Language to be deleted is sattell-thfeugh. Ordinance No. 1170 - Page 4 of 7 SECTION 6: Amendment and Adoption to Section 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 8 - Heavy Commercial District, Section 90-282 Permitted Uses, to expand the list of uses in subsection (8) to include bar, as follows: (8) Private club, nightclub, and bar. SECTION 7: Amendment and Adoption to Section 90-283. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land D:lvelopment Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 8 - Heavy Commercial District, Section 90-283 Special Exception Uses, to modify subsection (17) to read as follows: (17) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. SECTION 8: Amendment and Adoption to Section 90-313. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 9 - Central Business District, Section 90-313 Special Exception Uses, to modify subsection (10) to read as follows: (10) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. SECTION 9: Amendment and Adoption to Section 90-447. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Regulations, Division 1 -Generally, Section 90 -447 -Yards on Corner Lots, to read such that the setback for the street yard upon which the property is addressed is the primary front yard, as follows: Any yard adjoining a street shall be considered a front yard. That yard upon which the property is addressed One -front is required to comply with the minimum depth requirements of the regulations of this article_ ,thesesead-frent-yard All other front yards shall be not less than 75 percent of the required minimum depth. SECTION 10: Amendment and Adoption to Section 90-512. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Regulations, Division 3 -Off -Street Parking and Loading, Section 90-512 Space Regulations, by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: (2) Restaurant, nightcluband bar. 1 per 75 square feet of floor area SECTION 11: Amendment and Adoption to Section 90-632. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Regulations, Division 7 -Accessory Uses and Structures, Section 90-632 Applicable Regulations for All, by adding a new subsection (e) as follows: (. u Any structure or container, other than a temporary structure as defined in Section 66-1, used for storage as an accessory to a residential use must .be placed as an accessory structure in a manner consistent with the requirements of the Florida Building Code. Ordinance No. 1170 - Page 5 of 7 Language to be added Is undedined. Language to be deleted Is sUuak-through. SECTION 12: Amendment and Adoption to Section 90-705. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Regulations, Division 9 -Special Exception and Supplemental Use Regulations, by adding a new Section 90-705 entitled, Temporary Portable Storage Containers, as follows: Section 90-705, Temporary portable storage containers. f� Temporary portable storage containers are allowed in single-family residential zoning districts subject to the following restrictions and limitations: The principal use on the property must be a single-family residence. u The container must remain on the property no more than 15 days, including the day of delivery and removal. • The container must not exceed any of the following dimensions: 8 -feet in width, 16 -feet in length, and 8 -feet in height. (d) The maximum number of times a container may be delivered to a site is three times per calendar year. (e) At least 30 -days must elapse between placements of a container on a property. (f) The container must be placed only on a driveway or in the side or rear yard,. Lgl When placed on the driveway within the front setback area, the container must be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed. f h� In the case of a city-wide declaration establishing civil emergency conditions, the container may remain on a site for the length of time of the civil emergency established pursuant to Chapter 252, Emergency Management, Section 252.38 but in no event longer than 60 -days from the termination date of the emergency. • In the event the City of Okeechobee is declared to be within the area of a hurricane watch the container must be removed within 24 -hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 140 - miles per hour. Lai Temporary portable storage containers used in connection with permitted construction activity may be located in any zoning district subject to the following conditions: Lal The container must not encroach on sidewalks, rights-of-way, adjacent properties, or obstruct the view of motorists. • The container may remain on the lot for the duration of construction authorized by an active building permit. u The container must be removed within 30 -days of issuance of a certificate of occupancy or final inspection. u The location of a container to be placed on a lot within a single-family zoning district must be approved by the Building Official and must not exceed anv of the following dimensions: 10 -feet in width, 20 -feet in length, and 10 -feet in height. u The location and size of a container located in any zoning district other than a single-family district shall be determined during site plan review. llf Storage of hazardous materials including flammable and biohazard substances in the container is prohibited. (q) In the case of a city-wide declaration establishing civil emergency conditions, the container may remain on a site for the length of time of the civil emergency established pursuant to Chapter 252, Emergency Management, Section 252.38 but in no event longer than the lesser of 60 -days from the termination date of the emergency or 30 -days after the issuance of a certificate of occupancy or final inspection fj In the event the City is within the area of a hurricane watch the container must be removed within 24 -hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 140 -miles per hour. Language to be added is underlined. Language to be deleted is struck -through. Ordinance No. 1170 - Page 6 of 7 SECTION 13; Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 14: 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 15: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First reading and set for Final Public Hearing on this 18th day of September, 2018. ATTST: G/y %ir• Dowling R. Watford, ., Mayor Lane Gamiotea, CMC, ity Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2nd day of October, 2018. Dowling R. Watford, Jr ayor ATT T:. a /91L Lane amiotea, C City Clerk REVIEWED FOR LEGAL SUFFI IENCY: tib') - fes_ John R. Cook, City Attorney Ordinance No. 1170 - Page 7 of 7 Language le be added Is underlined. Lenauaee to be deleted is eleuekapwueh. Ke 134 muse LusttA, 0, is flee C)4, liV-C • Service, reta eans a restaurant, take-out restaurant, cafe, IA printer awnshop dance or music studio, pet shop, as well as a cr ar or tavern or on-premis consumption of a and similar establisiment& 003e) -ta he oa-f- Curt vt coholic beverages, . IV ( 6 Cr a--u-A"-eurvt - r -e s kat< rt,cA--t- -i."1,1 o 51^-6 P pa -,0 • piarif KL,t Cu_rferir but&AAJe/tA-4-L Oil tcy_ c-7(--1/ !Le adite ic.vp1 c P -Vjt)ug 'iO/2/2018 Okeechobee, FL Code of Ordinances 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. (LDR 1998, § 371; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1119 , § 2, 2-17-2015; Ord. No. 1130, § 3, 1-19-2016 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) (2) Dry cleaner/laundry, Laundromat. (3) Private club, nightclub. (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. (16) Group home. (17) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (18) Nursing homes. Restaurant, take-out restaurant, cafe. 1/2 10/2/2018 Okeechobee, FL Code of Ordinances (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. (LDR 1998, § 372; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1008, § 2, 2-19-2008; Ord. No. 1067, § 1, 9-14-2010; Ord. No. 1079, § 6, 1-17-2012; Ord. No. 1119 , § 3, 2-17-2015; Ord. No. 1127, § 3, 9-28-2015 ; Ord. No. 1130, § 4, 1-19-2016 ) 2/2 Patty Burnette From: Patty Burnette Sent: Monday, April 08, 2019 9:41 AM To: 'Ben Smith' Cc: Robin Brock; Marcos Montes De Oca Subject: RE: Applications for PB and TRC for May Importance: High Hi Ben. spoke with Marcos and for the May 16th Planning Board Meeting lets concentrate on the following: No. 1 With the exception of the second part about when a site plan review is required. Hold off on that part for now. (Am thinking that maybe for this one we may want to rework the current five sections in the Code (90-664-90-668) and permit applications that relate to temporary structures as it can be very confusing. Maybe there are some that can be combined??? For example one for development permits, one for non- profit organizations and then one for everything else. Also am thinking that maybe this should be an Ordinance all by itself. No. 2 Regarding the minimum square footage, just some food for thought and I know you are probably aware. I think one of our Council asked about changing this requirement but I was thinking that the original 800 square foot minimum may have been set because each zoning district has required lot and structure requirements for area and frontage and making this number bigger may cause issues for meeting those requirements especially should a parcel be located on a corner or in an area that is platted already that is nonconforming and we do not want to create any more nonconformities. I know in one of our RMH districts for example some of the parcels are platted with 40 feet of frontage instead of the required 50. It may pose difficult to meet the required setbacks and then a 1000 square foot minimum. Just throwing that out there. No.4 No.5 Not sure what fee dollar amount this will be. May want to speak with Administrator about. Will also require a Resolution which will involve coordination with Attorney Cook as an update in Appendix C. No.6 No.7 We do not currently have a definition for a Pawnshop so should probably add for one. No.10 You can coordinate with the Clerk's Office on the other Ordinances, but I don't know if it would be easier to maybe put the two parking ones together (4 & 5) and then the other remaining ones together? If you have any questions, please just let me know. I would need materials for the Planning Board by May 8th BUT the Clerk's Office would need the wording for the Proposed Ordinances by April 22nd. For the second part of No.1 and then Nos. 8 & 9 lets work on them next. Let us plan on a Workshop for the Planning Board during one of the summer months. For No. 3 let us wait on that one. Paffy M. 6u -trove, -, general Services Coordinator Citic of OIeecliobee SS Southeast ;rd 'Avenue Okeechobee, 'FL -34974 T [ 86-3-76-3-;$72 Direct: 863-763-0820 'Fax:86:3-7('-1(-8'' -mai l. yburnette@cityofokeechiobee.com website: www.cityofok'eechobee.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. From: Ben Smith [mailto:ben@larueplanning.com] Sent: Wednesday, April 03, 2019 5:38 PM To: Patty Burnette Cc: Robin Brock; Marcos Montes De Oca Subject: RE: Applications for PB and TRC for May Good afternoon Patty, Bill discussed several land development code issues with me that we should start working on. I believe the following is a list of items that you sent to Bill: 1. From your memo dated February 16, 2016 to Marcos, Item Numbers 2 (Temporary Structures does not adequately separate the regulations for temporary structures from those temporary uses) and 8 (When is a site plan review required). 2. Change the minimum square footage for a SFH to the same as the County's requirement (1,000 sq ft) 3. Parking for medical. For example a regular medical office at the 1/180 but for like a medical use that see patients only 1 or 2 an hour would have different requirements. 4. Parking for restaurant. For an example a regular restaurant at the 1/75 but for a some other smaller food establishments, Less of a requirement. 5. Parking reduction going before TRC to have a different fee than the normal site plan review fee. 2 6. Email from you dated October 3, 2018 regarding listing auto detailing as a separate allowable use in whatever district would seem appropriate. 7. Definition of retailservice....take out restaurant, take-out restaurant, cafe because uses are listed as a special exception in CLT. Also, take out pawnshop from the definition. 8. Landscape Ordinance. 9. Sign Ordinance. 10. Mandatory water & sewer hook-up. Numbers 8 and 9 will be pretty big issues that should really involve some workshopping to get some consensus on the goals of the community. But I could prepare some of these others for the Planning Board to discuss in May. Does that sound reasonable? And what would be my deadline to turn in backup materials for the May Planning Board meeting? 13ein SvvUtIA, AICP, LEED GA LaRue planning ben@laruerlanning.com From: Patty Burnette<pburnette@citvofokeechobee.com> Sent: Tuesday, April 2, 2019 2:40 PM To: Ben Smith <ben@larueplanning.com> Subject: Applications for PB and TRC for May Importance: High Hi Ben. Wanted to just update you as today was the review cycle submittal deadline date for the May 16th meetings that I did receive one application for TRC and no applications for Planning Board. I will have the application for TRC over to you by tomorrow. It is for a ROW Abandonment. Please let me know if you have plans to place anything on the Planning Board Agenda for May. Thank you, Patty Paffy M. r3w4,-vt vH-e, Genera(Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, 'FL 34974 Tei 863-763-3372 3 Direct: 863-763-982o Tax: 863-763-1686 e-mail: yburnette@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. 4 Patty Burnette vvlouLmert aeuftys From: Ben Smith <ben@larueplanning.com> Sent: Wednesday, April 03, 2019 5:38 PM To: Patty Burnette Cc: Robin Brock; Marcos Montes De Oca Subject: RE: Applications for PB and TRC for May Good afternoon Patty, Yb°:11 o Bill discussed several land development code issues with me that we should start working on. I believe the follow' g is a list of items that you sent to Bill: o !-1t�'t From your memo dated February 16, 2016 to Marcos, Item Numbers 2 (Temporary Structures does not • �V adequately separate the regulations for temporary structures from those temporary uses) and 8 (W_ hen is a site plan review required). ,k 1:0'2. Change the minimum square footage for a SFH to the same as the County's requirement (1,000 sgjft) ,�3. Parking for medical. For example a regular medical office at the 1/180 but for like a medical use that see patients Ot\ only 1 or 2 an hour would have different requirements. ,`estk—. 4. Parking for restaurant. For an example a regular restaurant at the 1/75 but for a some other smaller food 11establishments, less of a requirement. �eso/• 1�'p'1 �5. Parking reduction going before TRC to have a different fee than the normal site plan review fee. A Ppenti At C f‘ve(— 6. Email from you dated October 3, 2018 regarding listing auto detailing as a separate allowable use in whatever district would seem appropriate. 7. Definition of retail service....take out restaurant, take-out restaurant, cafe because uses are listed as a special exception in CLT. Also, take out pawnshop from the definition. Landscape Ordinance. \� Sign Ordinance. 1 Mandatory water & sewer hook-up. Numbers 8 and 9 will be pretty big issues that should really involve some workshopping to get some consensus on the goals of the community. But I could prepare some of these others for the Planning Board to discuss in May. Does that sound reasonable? And what would be my deadline to turn in backup materials for the May Planning Board meeting? f3evt SwutL, AICP, LEE) GA Lakue planning 1 575 Jackson 5t #206, tort Myers, i L 55901 259-554-5566 }yen@Iarueplanning.com 0-heeK /ALL O [[erK 5 0 C1c e From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Tuesday, April 2, 2019 2:40 PM To: Ben Smith <ben@larueplanning.com> Subject: Applications for PB and TRC for May Importance: High Hi Ben. 1 )' U ,c (4,t). 3 Po/ r r 9 h•r nak) Wanted to just update you as today was the review cycle submittal deadline date for the May 16th meetings that I did receive one application for TRC and no applications for Planning Board. I will have the application for TRC over to you by tomorrow. It is for a ROW Abandonment. Please let me know if you have plans to place anything on the Planning Board Agenda for May. Thank you, Patty Paf f y M. 6 rwe,H-e' general Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 `.heir 863-763-3372 Direct: 863-763-982o 'Fax: 863-763-1686 e-mail yburnette@cityofokeechobee.com -website: www.cityofokeechotee.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. 2 Need de-Fi n i fic 1s whop 4 cal. -to de tzufirl bus lrL 5 Patty Burnette k+laq firwafdect -ro cAae � BLb14i_o From: Ben Smith <ben@larueplanning.com> Sent: Friday, April 26, 2019 4:25 PM To: Patty Burnette Cc: Robin Brock; Marcos Montes De Oca Subject: RE: Applications for PB and TRC for May Patty, Let's plan on the May P&Z being a workshop for items 4, 5, 6, & 7 as listed below. I'll begin preparing backup materials for those items unless I hear differently from you. Have a nice weekend. 13eh. AICP, LEED GA LaRue planning 1 s LLckson 7t tZOr. { ort NALjers. L 0I i ben@larueplanning.com From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Monday, April 8, 2019 9:41 AM To: Ben Smith <ben@larueplanning.com> Cc: Robin Brock <rbrock@cityofokeechobee.com>; Marcos Montes De Oca <mmontesdeoca@cityofokeechobee.com> Subject: RE: Applications for PB and TRC for May Importance: High Hi Ben. I spoke with Marcos and for the May 16th Planning Board Meeting lets concentrate on the following: No. 1 With the exception of the second part about when a site plan review is required. Hold off on that part for now. (Am thinking that maybe for this one we may want to rework the current five sections in the Code (90-664-90-668) and permit applications that relate to temporary structures as it can be very confusing. Maybe there are some that can be combined??? For example one for development permits, one for non- profit organizations and then one for everything else. Also am thinking that maybe this should be an Ordinance all by itself. No. 2 Regarding the minimum square footage, just some food for thought and I know you are probably aware. I think one of our Council asked about changing this requirement but I was thinking that the original 800 square foot minimum may have been set because each zoning district has required lot and structure requirements for area and frontage and making this number bigger may cause issues for meeting those requirements especially should a parcel be located on a corner or in an area that is platted already that is nonconforming and we do not want to create any more nonconformities. I know in one of our RMH districts for example some of the parcels are platted with 40 feet of frontage instead of the required 50. It may pose difficult to meet the required setbacks and then a 1000 square foot minimum. Just throwing that out there. No.4 No.5 Not sure what fee dollar amount this will be. May want to speak with Administrator about. Will also require a Resolution which will involve coordination with Attorney Cook as an update in Appendix C. No.6 No.7 We do not currently have a definition for a Pawnshop so should probably add for one. No.10 You can coordinate with the Clerk's Office on the other Ordinances, but I don't know if it would be easier to maybe put the two parking ones together (4 & 5) and then the other remaining ones together? If you have any questions, please just let me know. would need materials for the Planning Board by May 8th BUT the Clerk's Office would need the wording for the Proposed Ordinances by April 22nd. For the second part of No.1 and then Nos. 8 & 9 lets work on them next. Let us plan on a Workshop for the Planning Board during one of the summer months. For No. 3 let us wait on that one. Pad -t9 M. 6tyres e general Services Coordinator City of Okeechobee 55 Southeast 34 Avenue Okeechobee, �FL 34,74 Tel: 863-763-3372 Direct: 863-763-982o Tax: 863-763-1686 e �naih yburnette@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. 2 From: Ben Smith [mailto:ben@ larueplanning.com] Sent: Wednesday, April 03, 2019 5:38 PM To: Patty Burnette Cc: Robin Brock; Marcos Montes De Oca Subject: RE: Applications for PB and TRC for May Good afternoon Patty, Bill discussed several land development code issues with me that we should start working on. I believe the following is a list of items that you sent to Bill: 1. From your memo dated February 16, 2016 to Marcos, Item Numbers 2 (Temporary Structures does not adequately separate the regulations for temporary structures from those temporary uses) and 8 (When is a site plan review required). 2. Change the minimum square footage for a SFH to the same as the County's requirement (1,000 sq ft) 3. Parking for medical. For example a regular medical office at the 1/180 but for like a medical use that see patients only 1 or 2 an hour would have different requirements. 7 4. Parking for restaurant. For an example a regular restaurant at the 1/75 but for a some other smaller food / establishments, less of a requirement. �/ 5. Parking reduction going before TRC to have a different fee than the normal site plan review fee. 6. Email from you dated October 3, 2018 regarding listing auto detailing as a separate allowable use in whatever district would seem appropriate. 7. Definition of retail service....take out restaurant, take-out restaurant, cafe because uses are listed as a special exception in CLT. Also, take out pawnshop from the definition. 8. Landscape Ordinance. 9. Sign Ordinance. 10. Mandatory water & sewer hook-up. Numbers 8 and 9 will be pretty big issues that should really involve some workshopping to get some consensus on the goals of the community. But I could prepare some of these others for the Planning Board to discuss in May. Does that sound reasonable? And what would be my deadline to turn in backup materials for the May Planning Board meeting? 13evt Svvaith, AICP, LEE) GA LaRue planning 1 375 Jackson 5t1#2.0i-',, tort M1ers, [ j_ '��901 L34-i�4-33(.7e) ben@larueplanning.com From: Patty Burnette<pburnette@citvofokeechobee.com> Sent: Tuesday, April 2, 2019 2:40 PM To: Ben Smith <ben@larueplanning.com> Subject: Applications for PB and TRC for May Importance: High Hi Ben. Wanted to just update you as today was the review cycle submittal deadline date for the May 16th meetings that I did receive one application for TRC and no applications for Planning Board. I will have the application for TRC over to you by tomorrow. It is for a ROW Abandonment. Please let me know if you have plans to place anything on the Planning Board Agenda for May. 3 Thank you, Patty Pa41-y M. 13u-v-PLeM-e, Genera(Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 Tel: 863-763-3372 Direct: 863-763-982o Tax: 863-763-1686 e -main yburnette@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. 4 h12oeive d -&m ben s-a?tq 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 90-203, 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 BAR TO THE LIST OF PERMITTED USES IN THE CENTRAL BUSINESS ZONING DISTRICT; AMENDING SECTION 90-313, ADDING PAWNSHOP TO THE LIST OF SPECIAL EXCEPTION USES IN THE CENTRAL BUSINESS ZONING DISTRICT; AMENDING SECTION 90-312, ADDING RESTAURANT, TAKE- OUT RESTAURANT, PAWNSHOP, AND BAR TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL ZONING DISTRICT; AMENDING SECTION 90-402, ADDING TAKE-OUT RESTAURANT, CAFE, BAR, AND PAWNSHOP TO THE LIST OF PERMITTED USES IN THE MIXED USE PLANNED UNIT DEVELOPMENT DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDED FOR AN 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 WHEREAS, the City of Okeechobee Land Development Code is wholly consistent with the City's Comprehensive Plan and the Florida Community Planning Act; and WHEREAS, 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, pay° nreducing 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, except pawn shops 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. (11) 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 5: 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 REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 2019 -XX Page 8 of 9 Dowling R. Watford, Jr., Mayor RESOLUTION NO. 2019 -XX ee l VCod -6/014 e 6 -10-/R 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. Parking 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 Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Monday, May 20, 2019 1:12 PM To: Patty Burnette Subject: RE: Workshop Meeting Here's what I got from the workshop: 1. Restaurant Parking:sring back some specific examples/scenarios comparing the application of diffe-ent parking requirements. ' 2. Parking Reduction Request Fee: Agree to lower fee 3. Definitions of Retail Service and Personal Service: Agree with staff recommended definition revisions. Make pawnshops a permitted use in CHV and IND. Make pawnshops a special exception in all other commercial districts 4. Bars: Agree with staff recommended revisions. 13ein. AICP, LEED GA Kue p J;;n:.,L1 1 375 Jackson cit w206, rort Myers, FL 3390 1 239-33-F-5366 %en@larueplanning.com From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Monday, May 20, 2019 12:35 PM To: Ben Smith <ben@Iarueplanning.com> Subject: Workshop Meeting Hi Ben. Just wanted to compare notes from the Workshop Meeting last Thursday. Regarding the discussion of retail service and personal service and pawnshops what was the direction of the Board to you? I have the discussion about the pawnshops and I got the feeling they may want to have that as a special exception use but really didn't get much other direction as to what zoning districts to apply it to? Then for restaurant, restaurant, take-out was it their consensus to follow listing them in the zoning districts where you had proposed? The same thing for Bar, I got the consensus they were ok with that one??? Please call to discuss if you would like. Thank you.