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2003-12-16 LPA CITY OF OKEECHOBEE LAND PLANNING AGENCY DECEMBER 16, 2003 SUMMARY OF AGENCY ACTION Pa§e 1 of 3 I. Call to Order - Chairperson. Land Planning Agency December 16, 2003, 7:15 p.m. Chairperson Walker called the December 16, 2003 Land Planning Agency meeting to order at 7:42 t C II. Chairperson, Member and Staff Attendance - Secretary. Board Secretary Vinson called the roll: Chairperson Jerry Walker Present Agency Member Daniel Creech Absent (without consent) Agency Member Dawn Hoover Present Agency Member Thomas Keller Present Agency Member William Ledferd Present Agency Member Christopher Mavroides Absent (without consent) Agency Member Douglas McCoy Present Alternate Member Sandra Jones Absent (with consent) Alternate Teresa Sallette Absent (without consent) Attorney John R. Cook Present Secretary Katrina Vinson Present /II. Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action Agency Member Hoover moved to dispense with the reading and approve the Summary of Agency for the October 28, 2003 regular meeting. Action for the October 28, 2003 regular meeting; seconded by Agency Member Ledferd. VOTE ~oOVE R :YEa KELLER - YEA LEDFERD - YEA McCoY - YEA WALKER - YEA MOTION CARRIED. December 16, 2003 - Land 2 of 3 IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-011- Mr. John Burdeshaw submitted a letter on behalf of the property owners, DR & Martha Watford, SSA. Consider a recommendation to the City Council, to change the land use withdrawing the petition. designation from Industrial to Commercial located at the SE comer of NW 9~ Avenue and NW 6t~ Street, Lots 1 = 12, Block 98, City of Okeechobee. The property owner is DR & Martha Watford, John Burdeshaw is the representative - Exhibit 1. B. LDR Amendment. Consider a recommendation to the City Council to amend Attorney Cook, briefly explained the proposed amendments to the Agency by stating that this is C 90 of the Land Mobile almost verbatim of the Code in Mobile Home Placement. The Chapter Development Regulations specifically regarding copy County regards to City .~ Home Regulations. Including, but not limited to design, placement, foundation, Council has reviewed the proposed LDR amendment, and would like to amend the required 1,000 appearance standards, limitations on age of unit for placement, process of square feet of floor area to 800 square feet, due to the smaller lot size in the City. In conclusion, application review and appeal - Exhibit 2. he explained that the City Council is requesting approval from the Land Planning Agency, with some fine tuning, of the proposed LDR amendment regarding the Mobile Home Regulations. Agency Member Ledferd made a motion to recommend to the City Council to adopt the proposed LDR amendment with the above revision; seconded by Agency Member Hoover. VOTE HOOVER - YEA KELLER = YEA LEDFERD - YEA McCoY - YEA WALKER - YEA MOTION CARRIED. December 16, 2003 - Land of 3 V. Adjournment- Chairperson There being no further items on the agenda Chairperson Walker adjourned the meeting at 7:53 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter comidered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for thc sole purpose of backup for official records of thc Department. Jerry Walker, Chairperson ATTEST: Katfina Vinson, Secretary PAGE -1- oF o C.OaEE. .r. 46, 2oo3. I. CALL T~ ORDER- Chairperson: December 16, 2003, Land Planning Agency Regular Meeting 7;15 q' ~',~ p.mq ~ Present Absent C~rson Jerry Walker B .~ard Member Daniel Creech ,~' ~d Member Dawn Hoover %/' B~ Member Thomas Keller V/ .: B(lard Member William Ledferd v i B~rd Member Christopher Mavroides V/ . B(~rd Member Douglas McCoy ~ All,mate Sandra Jones V/' !,. All, mate Teresa Sallette i A~mey John R, Cook ~ S~retary Katrina Vinson i11. MINiJTES. Secretary. A. Bo~ Member__~[:iZ;3g~moved to dispense with the reading and approve the Summary of ~ Ag~.cy. Action for the OctOber 28,-2003 Regular Meeting; seconded bY Board Member ~K)TI' - YEA NAY AI~TAIN ABSENT Cree~':h :! _ MOTION: CARRIED ~ DENIED PAGE -2- IV.-! NIiW Business. City Planning Consultant, ! A. C~prehensive Plan, Future Land Use Map Amendment Application No. 03-011.SSA. I C~lmidar a recommendation to the City Council, to change the land use designation from In~ustrial to Commercial located at the SE corner of NW 9~ Avenue and NW 6~ Street, Lots 1-1~, Block 98, City of Okeechobee. The property owner is DR & Martha Watford, John B~haw is the representative - Exhibit 1. PAGE -3- B. L~ Amendment. Consider a recommendation to City Council to amend Chapter 90 of the bu~ not limited to design, placement, foundation, appearance standards, limitations on age of~nit for placement, process of application review and appeal. ' ~ r~cj~rc~s % ~q~oloiLe Ho~ ~ Cc~c~, to t~e~t~nq ~ppmual, uo~ ~~crd moaon-fo r~_comrr~nd lo O. tul PAGE -4- V. ADJDURNMENT- Chairperson W~lker at r~- ~ ~ p.m. ~ r3,'. ¢ l/"~d Planning Agency ' Exhibit 1 all Sl~le Amendment (Under 10 Acres) Okarge Scale Amendment (Over 10 Acres) Home Telephone ~3 _74g~ ~ ~1 Work Telephone Name of Appli~nt, *If other than owner,(relafionship) ~ ~. ~ Home Telephone X~ -7~ -~ Work Telephone Prope~FParcel Number ~/~-~7 51-o~o. Cuffent Zoning Designation ~, D ~-e ~ Current Future Land Use Designation Existing Use of the properly ~ * ~ ~ ~m~ ~ Propos~ Future Land Use Designation ~m ~e,~ Propose~ Use of the Prope~y ~ ~ ~ c~ Size of ~ope~y (in acres) ~.o 6 ~ em~ ' .: Descriptbn of Surrounding Properties gP~/~,~* '~ Legal D~cription of Properly (Lengthy Description May Be Attached) ":;. '. Reauirell Attachments: · Surve~_of PropertY (11" x 14", 20" Scale) · Application Fee $500.00 ' ' · Letter~Dutlining Request · City Location map · *Notaljzed Letter of Owner's Authorization November 18, 2003 City of ~)keechobee 55 SE ~ird Avenue Okeech~bee, Fl 34974 Gentle~en: I have ~ked John E. Burdeshaw to act as my representative in the application for changi~ the Future Land Use and for Rezoning Block 98, City of Okeechobee. I have $ contract to sell this property that hinges on the property being changed from I~ustrial to Commercial Office Buildings and then special exception to allca~ Day Ca~e Center to be constructed on the property. Please,,~ef~ognize John F_~ Burdeshaw as my duly designated representative in all STAT~OF FLORIDA COUNTY OF OKEECHOBEE The long'going instrument was acknowledged before me this 18th day of November, 2003 ~ D. R. Watford. He is personally known to me or has produced as identification. 'Not~//Public ' _ John E. Burdeshaw Registered Real Estate Broker 210 N. W. Park St., Suite 201 Okeechobee, FL 34972 Ph 863-763-5158 Fax 863-763-0229 November 18, 2003 City of ~.keechobee 55 SE ~lrd Avenue Okeech~bee, FL 34972 Gentle~en: This letter is being written to satisfy items 2, 10 and 11 ~for Rezoning of property in this ap~cation. My int~est in the property is as a Real Estate Broker representing D. R. & Martha Watfor~i in the sale of their property based upon future land use designation and Zoning Nor use by the new owners. The re,on for this request is to change the zoning from Industrial to Commercial Office l~uilding and subsequently to ask for a Special Exception so that a Day Care Center tan be built on the property. It is felt that this is a much more appropriate use than Industrial for this property. This is ~ good central location for this much needed Day Care Center. Sincerely, ~ 1375 Jacb'~ Street, Suite 206 · r · Fort Mye s, ~lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 · Email: larue-planning~att.net · Staff Report- Small Scale Comprehensive Plan Amendment Prepared for: ~e City of Okeechobee Applicant: John E. Burdeshaw, Broker Owner: D.R, & Martha Warlord From: Industrial to Commercial Petition No. 0 3-O I I-SSA St~ff Report Applicant: John E. Burdeshaw Small-Scale lt:omprehensive Plan Amendment Petition No. 03-011-SSA Applicant: John E. Burdeshaw, Broker Applicant Address: 240 N.W. Park Street, Suite 210 Okeechobee, FL 34952 · Applicant Phone Number: 863-763-4250 863-763-5158 Owner: D.R. & Martha Watford Owner Address: P.O. Box 622 Okeechobee, FL 34973 Owner Phone Number: 863-763-2121 Future Industrial Commercial Zonin| District Industrial Industrial Use ot ~Property Vacant Day Care Center Acrealle 2.06 2.06 Loe~tion: SE Comer ofNW 9t~ Avenue and NW 6th Street Legll Description: Lots 1 through 12, Block 98, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. ThiSrequest is to change the Future Land Use Map designation from Industrial to Corttmercial. The applicant wishes to operate a day care center on site and this action would, also require a Special Exception to be granted. Nortil: Future Land Use Map Classification: Single Family Residential Zoning District: Industrial Existing Land Use: Sprint Building East: Future Land Use Map Classification: Single Family Residential Zoning District: Industrial Existing Land Use: Vacant Sout$: Future Land Use Map Classification: Industrial Zoning District: Industrial Existing Land Use: Vacant Wes~ Future Land Use Map Classification: Single Family Residential Zoning District: Residemial Single-Family One Existing Land Use: Vacant {PAGE } S~aff Report Applicant: John E. Burdeshaw Small-Scale Comprehensive Plan Amendment Petition No. 03-01 l-SSA The Subject parcel is just west of the railroad and other parcels that have Industrial zoning. The Sprint building occupies the building to the north and although the FutUre Lanai Use MaP (FLUM) designation for that property is Single Family and the zoning is IndUi~trial, the characteristics of the existing use are commercial in nature. The properties to the west show Single Family designations and the RSF Zoning while the property due soutit is Industrial. The request for the Small Scale Future Land Use Map amendment, if approved unil!lterally, could possibly create inconsistent land uses in this Industrial area and a sub~quent "spot zoning" situation with the property to the south. However, while this true~ commercial uses for this property would be more compatible with future single family development to the west. Although it is not a clear "black and white" decision, it is rr~re practical to deintensify the subject parcel to Commercial Future Land Use and possibly recommend the same for Block 101, at a later date. Property to the east of the traclt could remain as Industrial zoning or it could be re-examined at a later date. Also, the {~ourthouse expansion, a few blocks to the west, makes it more desirable to have corr~ercial rather than industrial uses nearby. A. Consistency with the Land Use Categories and Plan Policies. While being Commercial near a railroad track is not typical, commercial uses can be buffered. There is also consistency with the Comprehensive Plan in relation to residential compatibility. lB. Concurrency of Adequate Public Facilities No greater burden would be placed on public facilities if the Future Land Use Map were to be changed to Commercial. C. Compatibility with Adjacent and Nearby Land Uses By changing the Land Use designation, the proposed use of the property is more compatible with the surrounding properties to the west and also to the existing telephone company use to the north. By separate initiative, staff will recommend Commercial Future Land Use for the property to the south. D. Compliance with Specific Standards of the Plan. Policy 2.5 states that the City shall amend its Future Land Use Map, as necessary, to address inconsistent land use areas. {PAGE } Staff Report Applicant: John E. Burdeshaw Small-scale ~omprehensive Plan Amendment Petition No. 03-011-SSA Bas~ on the above summary, the subject property/s recommended to change to Corrllnercial Future Land Use. This recommendation also assumes that a consistent Future Land Use Map change will be made subsequently for Block 101 (to the south). Submitted Ny: James G. L .atl. ue, AICP December 11, 2003 {PAGE ' l if [l] ill Ir - Fl' 1-'': It To: Land Planning Agency Members From: John Cook, City Attorney ~_._! ~ Date: November 20, 2003 Subject: LDR Amendment I have attaihed a copy of proposed Ordinance 846 for your review. This LDR amendment will be presented ~ you at the December 16, 2003 meeting. The purpose is to review Chapter 90 of the Land Dev~opment Regulations and give a recommendation regarding amendments specifically to Mobile Heine Regulations. Including, but not limited to design, placement, foundation, appearance standards, limitations on age of unit for placement, process of application review and appeal. Katrina will be sending out another copy with your agenda packet for the December 16th meeting. Please let me know if you have any questions. Thank yot~ ORDINANCE NO. 846 EXHIBIT "A" 90-167 'STANDARDS FOR SINGLE FAMILY DWELLING UNITS This Part set{i fOrth the minimum standards for residential single family dwellings. Townhouses, trailers, mobi~ homes, and manufactured housing as defined in Section 66-1 Land Development Regulations zbhall be subject to this Part. Except as specifically set out in this Code, no mobile home, manu~ctured home, trailer, travel trailer, recreational vehicle (RV), park model recreational vehicle, build!ng, or other structure shall be used for sleeping or dwelling purposes in the City. 90-168 Dwelling Foundations Properly designed and constructed foundations are essential for the public safety and welfare. Regardless ~the method of housing construction, securely anchored and installed dwelling units serve not onl~ to reduce the likelihood of widespread hurricane or storm damage but contribute to architectul[al and aesthetic compatibility important to the long term value and viability of neighborho~communities. The following foundation and onsite installation requirements are intended to ~ reasonable, uniformly applied and enforced without distinction as to the type of dwelling unit. A. Foundation Requirements for Single Family Dwellings in All Zoning Classifications Except Residential Mobile Home (RMH) 1. Foundation and Elevation Requirement. All dwelling units shall be placed on a foundation in accordance with the Standard 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 Chapter15C-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 18-inches above the crown of the roadways immediately adjacent to such lot or area. 2. 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 3-feet beyond concrete slab lines. 2. Compact the entire area under the concrete slab as needed to achieve a compaction of at least 95% 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. 3. Perimeter footer. A perimeter footer, where required by the Standard Building Code, shall be in accordance with the Standard Building Code. 4. 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 standard 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 Ordinance No. 846 Exhibit A Page I of 12 piers aliar blocking are utilized, the following shall be required. a. The site shall be graded to ensure adequate drainage away from the unit; b. All piers must have the top course filled with concrete or have a solid cap block; c. 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; d. Where a concrete slab or the intedor 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; e. 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; f. 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 g. 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 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 7-feet in height shall have a closure wall constructed of one of the following: a. Brick b. 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. c. 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. d. Framing, lathing and stucco in accordance with Standard Building Code requirements incorporated by Section 66-10, Land Development Regulations. e. 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 Ordinance No. 846 Exhibit A Page 2 of 12 ' beat 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% of the total number of panels per side of i the dwelling. Vinyl skirting shall be attached to the perimeter concrete i footer or runner where a footer or runner exists or is required to exist. The skirting shall be fastened using rust resistant concrete screws no less than 1/4-inch in diameter or by rust expansion anchors no less than 5/16-inch in diameter. The fasteners shall be spaced 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 8-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 3-foot access point per side shall be permitted. Dwelling units to be installed or constructed with a crawl space of 7-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. 6. Standard codes. All foundation types shall meet the standard building code requirements incorporated by Section 66-10 Land Development Regulation. B. Foundation and Elevation Requirements for Residential Mobile Homs (RMH) Zones 1. All dwelling units shall be placed either on a permanent reinforced concrete slab as described in subsection A of this section, or on poured concrete strip footers with blocking and tie-down as provided in subparagraph 3 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 18-inches above the crown of the roadways immediately adjacent to such lot or area. 2. Either foundation type shall meet the standard building code requirements incorporated by Ssection 66-10 Land Development Regulations. 3. Blocking and tie-down shall be in accordance with provisions of the standard building code requirements incorporated by Section 66-10 Land Development Regulations for conventional construction; chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code) for manufactured housing. Stabilizing plates or collars shall be required where auger anchors are used. In addition, the requirements of 90-168 (A) (4) (a-g) above must also be met. 4. 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 D shall be permitted skirting/enclosure provided it is securely fastened to the ground. Foundation Requirements for Mobile Home and Manufactured Home Parks Ordinance No. 846 Exhibit A Page 3 of 12 ~1 I Iai i' ' [i~ ~ ~ Regardless of zone, mobile home parks are designed for transitory use by mobile and manufactured homes. Accordingly, the requirements of subsections A and B above to the contrary notwithstanding, where a manufactured home or mobile home is to be located inside a mobile home or manufactured home park as defined in ~Section 66-1 Land Development Regulations, mobile home or manufactured home blocking and tie-down shall be in accordance with the provisions of chapter 15C- 1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code). All such units shall be fully skirted. Stabilizing plates or collars shall be required where auger anchors are used. Prior to the poring of any concrete or the placement of concrete blocks or footings, the area under which concrete will be placed shall be clear of all organic material. In, addition the requirements of 90- 168 (A) (4) (a-g) above must also be met. D. Foundation Requirements for Miscellaneous Dwellings iFoundation requirements for dwelling units not classified by subparagraphs A ~hrough C above shall be as described in subparagraph A above regardless of zone. 90-169 ~ppearance and Design Standards Any single family dwelling located in a nSF-l; nSF-2; RMF; or RMH, zoning district shall comply with the follo~ng Appearance and Design Standards. A. ~inimum Floor Area The minimum floor area shall be 1000-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided ~-n Subsection J 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 Dart and assembled on site. B. Roof Overhang All main buildings shall have a pitched roof with a 12-inch roof overhang on two ~ides of the dwelling's perimeter walls and a minimum of a 6-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 I. C. ~Roofing Material All main buildings and all garages or carports shall have a roof surface of wood t~hakes, asphalt, composition or wood shingles, clay, concrete tiles, slate, or built-up ~ravel materials. D. 6iding 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 I~hall 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 tiding material shall be extended to ground level, except when a solid concrete or ~asonry perimeter foundation is used, the siding material need not extend below ~e top of the foundation. E. ~Transferred to Section 90-168) Ordinance No. 846 Exhibit A Page 4 of 12 F. ~. 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. G. 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. . H. Relocation and Installation of Used Dwelling Units Any used dwelling unit built and remaining in compliance with 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 90-170 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 (5) years of age or less as of the date of 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. 1. An application shall be submitted which contains the following: · a. The applicant's name and address and a statement of ownership : b. Legal description, street address, lot number and subdivision name, If any, of the property upon which the dwelling is to be located. c. Size of the property in square feet and acres. d. Statement describing the type and dimensions of the dwelling ~ proposed to be relocated on the property. e. Elevations and photographs of all sides of the dwelling proposed to be relocated on the property. f. A statement describing the exterior dimensions ans roof sloop of the ~ dwelling proposed to be relocated on the property. ~ g. A description of the exterior finish of the dwelling, including exterior ; walls and roof. : h. A description of the dimensions of the dwelling. i i. Proof that the dwelling continues to meet either 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. ' j. 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 Ordinance No. 846 Exhibit A Page 5 of 12 manufactured home is to be located. iii. The proposed location of the dwelling on the property, including all setback information. k. A schematic design of the dwelling showing the roof, siding and other improvements. I. An engineering or architectural plan of the foundation to be utilized. m. Such other plans, surveys and documentation as may be required pursuant to Section 66-10 Land Development Regulations. n. 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. Procedure For Review of Application for used units that were constructed or manufactured more than 5-years from the date that a complete permit application is submitted. a. Within 10-days after an application has been submitted, the City Building Official shall determine whether the application is complete. If the Building Official determines the application is not complete, he shall send a written statement specifying the applicant's deficiencies to the applicant by mail. The Building Official shall take no further action on the application unless the deficiencies are remedied. b. Within thirty 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 and whether the unit is consistent with and compatible with the general character of the neighborhood or community. c. Following the determination of compliance, The City Building Official shall place the application for the determination of suitability for dwelling unit relocation on the agenda of the next available regular meeting of the Board of Adjustments and Appeals in accordance with the procedures contained in this Code. Notice of public hearing shall be given as provided in Section 70-371 Land Development Regulations. d. The Board of Adjustments and Appeals shall determine whether the dwelling unit continues to meet the Standard 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. e. Notification of the Board's decision shall be mailed to the petitioner and filed with the City Building Official. f. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested Ordinance No. 846 Exhibit A Page 6 of 12 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% 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. g. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of non-compliance was the failure 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. If the reason for a finding of non compliance 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. Procedure For Review of Application for used units that were constructed or manufactured 5-years or less from the date that a complete permit application is submitted. a. Within 10-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. ~ b. 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. c. 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 Ordinance No. 846 Exhibit A Page 7 of 12 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% 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 freme 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. d. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of no compliance was the failure 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. If the reason for a finding of non compliance 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 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. e. 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. 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. ~inimum Floor Area Exemptions 1. 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 A of this Article shall be reduced from 1000-square feet to 800-square feet in the case of construction funded or assisted by a Community Development Block Grant or similar Federal or State grant. 2. 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 1000-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 Ordinance No. 846 Exhibit A Page 8 of 12 requirements herein shall be reduced to a minimum of 12-inches on 2-sides and O-inches on the remaining 2-sides and the minimum width requirement herein shall be reduced to 12-feet. 90-170 iMinimum 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 ~11 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 ~o comply with the minimum standards of this code upon written certification by a mobile home or manufactured home dealer licensed under Chapter 320, FS. 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. Ueed Dwelling Units This section applies to trailers, mobile homes, and used manufactured homes ad buildings and shall ensure safe and livable housing. The Provisions of this section 5r[ ~hall not be construed to be more stringent that 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 paythe 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 Ordinance No. 846 Exhibit A Page 9 of 12 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 standard 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. ~tandarde 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 January 1, 1974, 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. 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. g. All interior wall coverings shall be in place. h. The bottom board covering the floor joist shall be insect proof and rodent proof throughout, and securely sealed. i. The roof shall be in good condition with no apparent leaks. j. There shall be at least three (3) 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 gear such as axles, wheels and springs shall be in good and safe working order. Ordinance No. 846 Exhibit A Page 10 of 12 ' 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. 1. 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: ,I ~ a. All shall comply with the provisions of article 550 of the National i~ 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. 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 ~ satisfactory written inspection report from a County or municipality of this state, i, atisfactory written certification from an engineer in accordance with subsection C2, ~bove, or the satisfactory written certification from a licensed mobile home dealer, ~e 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 ~)n 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 l~ermit prior to removal or transportation. F. lillinimum Code Review Required Any building or structure used or intended to be used for human habitation or the ~torage of materials associated with human habitation not otherwise reviewed in 0ccordance with this Section shall be inspected to ensure that they comply with i~asic minimum standards prior tot he installation, connecting or provision of utilities ~ accordance with the provisions of the Standard Housing Code. See Section 66-10 ~and Development Regulations. A Certificate of Inspection shall be issued by the Iluilding official, or as other applicable provisions of this Code shall apply. Ordinance No. 846 Exhibit A Page 11 of 12 '90-171 Governmental Use Any agency of municipal, county, state or federal government may utilize a mobile home, manufacture~! home, recreational vehicle, or other type of trailer for temporary purposes in any of the unincoi~orated areas in Okeechobee County, providing such uses shall not be or include a residential Ar dwelling use. On governmentally owned land within eh unincorporated area of the City, munici~l, county, state, or federal government may utilize a mobile home, manufactured home or rec~ational vehicle for residential uses, subject to a showing that all other applicable regulations, ~ch as those on health and sanitation, have been met. 90-172 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. ~ppurtenances 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 2,100-square feet or a 60% lot coverage whichever is tess, nor shall the total of all impervious surfaces exceed 70% 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 6-months shall ~btain a permit and be tied down utilizing approved straps and anchors. This ~ubparagraph 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 6-months where: 1. The nature of extent of appurtenances would indicate a likelihood that the recreational vehicle will remain for greater than 6-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 E 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. 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