Loading...
2020-01-21 Ex 07 Ordinance No. 1203 - Page 1 of 23 Language to be added is underlined. Language to be deleted is struck through. ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 90 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE; AMENDING SECTION 90 -105, ADDING A MINIMUM DWELLING UNIT SIZE OF 1,000 SQUARE FEET FOR SINGLE FAMILY DWELLING UNITS IN THE RESIDENTIAL SINGLE FAMILY -ONE ZONING DISTRICT; AMENDING SECTION 90 -135, ADDING A MINIMUM DWELLING UNIT SIZ E OF 900 SQUARE FEET FOR SINGLE FAMILY DWELLING UNITS IN THE RESIDENTIAL SINGLE FAMILY -TWO ZONING DISTRICT; AMENDING SECTION 90-165, ADDING A MINIMUM DWELLING UNIT SIZE OF 800 SQUARE FEET FOR SINGLE FAMILY DWELLING UNITS IN THE RESIDENTIAL MOBILE HOME ZONI NG DISTRICT; AMENDING SECTION 90 -196, ADDING A MINIMUM DWELLING UNIT SIZE OF 800 SQUARE FEET FOR SINGLE FAMILY DWELLING UNITS IN THE RESIDENTIAL MULTIPLE -FAMILY ZONING DISTRICT; RELOCATING HOUSING STANDARDS BY DELETING SECTIONS 90 -167 THROUGH 90 -172 FROM D IVISION 4 AND CREATING NEW SECTIONS 90 -78 THROUGH 90 -83 IN DIVISION 1; REVISING THE DEFINITION OF MINIMUM DWELLING UNIT SIZE IN SECTION 90 -80; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DA TE. 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in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or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. 19-002-TA, at a duly advertised Public Hearing held on December 19, 2019, and based on findings of fact by the Planning Staff, hereby recommends certain changes, ame ndments 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 cit izens. 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: 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 Regulations is hereby revised as follows: CHAPTER 90 – ZONING, ARTICLE III. - DISTRICTS AND DISTRICT REGULATIONS, DIVISION 1. - GENERALLY Section 90-71. - Zoning districts established. The City is hereby divided into zoning districts designated as follows: (1) Residential single-family one (RSF 1) (2) Residential single-family two (RSF 2) (3) Residential mobile home (RMH) (4) Residential multiple-family (RMF) (5) Commercial professional and office (CPO) (6) Light commercial (CLT) (7) Heavy commercial (CHV) Ordinance No. 1203 - Page 2 of 23 Language to be added is underlined. Language to be deleted is struck through. (8) Central business (CBD) (9) Industrial (IND) (10) Public use (PUB) (11) Planned unit development (PUD) Section 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. Section 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. Section 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 residential single - family one zoning district until changed by the City Council. The provisions of Florida Statute Chapter 171 shall otherwise prevail on all issues of annexation. Section 90-75. - Maximum residential dwelling units’ densities. For the purposes of calculating the maximum allowable number of dwelling units per acre of undeveloped land in various residential zoning districts, the following densities shall be used: Residential Zoning District Code Density du/ac Comprehensive Plan Category (1) Residential single-family one RSF 1 4 Single-family residential (2) Residential single-family two RSF 2 6 Multi-family residential (3) Residential mobile home RMH 6 Single-family residential (4) Residential multiple-family RMF 10 Multi-family residential Section 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: Affordable Housing Residential Zoning District Code Density du/ac Comprehensive Plan Category (1) Residential single-family one RSF 1 5 Single-family residential (2) Residential single-family two RSF 2 7 Multifamily residential (3) Residential multiple-family RMF 10 Multifamily residential Section 90-77. - Maximum redevelopment area dwelling unit densities. Residential developments which qualify as substandard are allowed a density bonus when cleared and renewed. Such residential areas may be increased by one dwelling unit per acre as follows: Redeveloped Housing Residential Zoning District Code Density du/ac Comprehensive Plan Category (1) Residential single-family one RSF 1 5 Single-family residential (2) Residential single-family two RSF 2 7 Multifamily residential (3) Residential multiple-family RMF 11 Multifamily residential Section 90-78. - Standards for single family dwelling units. Ordinance No. 1203 - Page 3 of 23 Language to be added is underlined. Language to be deleted is struck through. This part sets forth the minimum standards for residential single-family dwellings. Townhouses, trailers, mobile homes, and manufactured housing as defined in Code Section 66-1 shall be subject to this part. Except as specifically set out in this Code, no mobile home, manufactured home, trailer, travel trailer, recreational ve hicle (RV), park model recreational vehicle, building, or other structure shall be used for sleeping or dwelling purposes in the City. Section 90-79. - Dwelling foundations. Properly designed and constructed foundations are essential for the public safe ty 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 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 Code Section 66-10; or for manufactured homes shall be set up in accordance with the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter 15C-1, F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material and shall be prepared to ensure drainage as required by applicable codes and approval of the City Building Official and the Technical Review Committee. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the City, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12-inches above the crown of the roadways immediately adjacent to such lot or area. The City reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height. b. Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall be compacted as follows: 1. Remove any organic topsoil and other deleterious materials to their horizontal and vertical extremities to three-feet beyond concrete slab lines. 2. Compact the entire area under the concrete slab as needed to achieve a compaction of at least 95 percent of ASTM D1557 maximum density. Place fill as needed in not greater than 12-inches compacted thickness layers. Minimum compaction density shall be 2,000 p ounds per square feet. 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 Code Section 66-10; 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; 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 Ordinance No. 1203 - Page 4 of 23 Language to be added is underlined. Language to be deleted is struck through. 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: 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 8-inches of the finished grade level. 3. Frame and sheathing finished with either lathe and stucco or by e xtending 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 8-inches of the finished grade level. 4. Framing, lathing and stucco in accordance with Florida Building Code requirements incorporated by Code Section 66-10. 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 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 as provided in Code Section 70-371. f. Standard codes. All foundation types shall meet the Florida Building Code requirements incorporated by Code Section 66-10. (2) Foundation and elevation requirements for RMH zones. a. All dwelling units shall be placed either on a permanent reinforced concrete slab as d escribed 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 in tended 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 incorporat ed by Code Section 66-10. c. Blocking and tie-down shall be in accordance with provisions of the Florida Building Code requirements incorporated by Code Section 66-10 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 require ments of Code Section 90-79(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 Code 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 man ufactured 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 Code Section 66-1, 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 Ordinance No. 1203 - Page 5 of 23 Language to be added is underlined. Language to be deleted is struck through. 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 Code Section 90-79 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. Section 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 all areas within the enclosing walls of a building except garages, outside utility rooms, carports, cabanas, porches, patios and unroofed or unenclosed areas. (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 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 Code Section 90-80(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 o r 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 s old 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 Code Section 66-10, or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Code Section 90-81, 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 Code Section 90-80. There shall be a rebuttable presumption that a unit that is five 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. 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 s loop 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 Code Section 66-10 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. Ordinance No. 1203 - Page 6 of 23 Language to be added is underlined. Language to be deleted is struck through. 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 Code Section 66- 10. 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 10 days after an application has been submitt ed, the City Building Official shall determine whether the application is complete. If the Building Official determines the application is not complete, he shall send a written statement specifying the applicant's deficiencies to the applicant by mail. The Building Official shall take no further action on the application unless the deficiencies are remedied. 2. Within 30 days after the City Building Official determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the appearance and design standards of this Section and whether the unit is consistent with and compatible with surrounding units at the proposed relocation site and whether the unit is consistent with and compatible with the general character of the neighborhood or community. 3. Following the determination of compliance, the City Building Official shall place the application for the determination of suitability for dwelling unit relocation on the agenda of the next available regular meeting of the Board of Adjustments and appeals in accordance with the procedures contained in this Code. Notice of public hearing shall be given as provided in Code Section 70- 371. 4. The Board of Adjustments shall determine whether the dwelling unit continues to meet the Florida Building Codes incorporated by Code Section 66-10, or Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Code Section 90-170 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 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 Code Section 70-371. 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 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, includi ng 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 pro hibit relocation if the reason for a finding of noncompliance was the failure to meet the Florida Building Codes incorporated by Code Section 66-10 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 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 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. 1. 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 appl ication's Ordinance No. 1203 - Page 7 of 23 Language to be added is underlined. Language to be deleted is struck through. 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, they shall review the application and shall determine whether the dwelling unit continues to meet the standard building codes incorporated by Code Section 66-10 or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Code Section 90-80 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 reaso n for a finding of noncompliance was the failure to meet the Florida Building Codes incorporated by Code Section 66-10 or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a f inding 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 RMH zoning district subject to applicable codes and regulations. The failure of a used unit to m eet 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 RMH district. 5. An affected party may file an appeal of a final determination to the Board of Adjustments as established by Code Section 70-375 and 70-376. (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 exis ting structures in the vicinity. The determination of the Building Official may be appealed to the Board of Adjustments as provided in Code Section 70-371. (10) Minimum floor area exemptions. 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 Code Section 90-80 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 app licable 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 0-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. Section 90-81. - Minimum code compliance review. Ordinance No. 1203 - Page 8 of 23 Language to be added is underlined. Language to be deleted is struck through. (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 Code Sections 66- 10 and 18-31 through 18-75. (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 pres umed to comply with the minimum standards of this Code upon written certification by a mobile home or manufactured home dealer licensed under Chapter 320, Florida Statute 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 o r 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 provi sions of this Section shall not be 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 th e City of Okeechobee on the effective date of this Code shall be inspected by the City Building Official prior to being transported, reinstalled or relocated in the City. The person transporting or relocating the structure shall make application with the General Services 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 Co de or any code incorporated by reference into this Code but said requirements shall not b e 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 man ufactured prior to June 15, 1976, as well as the adoption of local Florida Building Codes (see Code Section 66-10) 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. Ordinance No. 1203 - Page 9 of 23 Language to be added is underlined. Language to be deleted is struck through. 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 p roof 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 gear such as axles, wheels and springs shall be in good and safe working order. l. 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 all 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 manu factured home or building shall require another inspection and permit prior to removal or transportation. (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 Code Section 66-10. A certificate of inspection shall be issued by the Building Official, or as other applicable provisions of this Code shall apply. Section 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, subject to a showing that all other applicable regul ations, such as those on health and sanitation, have been met. Section 90-83. - Recreational vehicles. (a) Use of a dwelling. No recreational vehicle as defined in Code Section 66-1, 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 General Services 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. Ordinance No. 1203 - Page 10 of 23 Language to be added is underlined. Language to be deleted is struck through. In no event shall the combined square footage of all structures, including the recreational vehicle, exceed two, 100-square feet or a 60 percent lot coverage whichever is less, nor shall the total of all impervious surfaces exceed 70 percent lot coverage. Unless prohibited by 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 Code Section 66-1. (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 occupan cy 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 recreation al 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. Sections 90-7884—90-100. - Reserved. DIVISION 2. - RESIDENTIAL SINGLE-FAMILY ONE (RSF 1) DISTRICT Section 90-101. - Generally. (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. Section 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 Sept ember 19, 2013. Section 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. Section 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. Section 90-105. - Lot and structure requirements. (a) Minimum lot area. Except where further restricted by these regulations for a particular use, minimum requirements for the RSF 1 district shall be as follows: (1) Single-family dwelling: Area 10,000 square feet Ordinance No. 1203 - Page 11 of 23 Language to be added is underlined. Language to be deleted is struck through. Width 75 feet (2) Other permitted principal uses: Area 20,000 square feet Width 100 feet (b) Minimum yard requirements. The minimum yard requirements in the RSF 1 district, except where a greater distance is required by yard setbacks, shall be as follows: (1) Single-family dwelling: Front 25 feet Side 10 feet Rear 10 feet (2) Other permitted principal uses: Front 25 feet Side 20 feet Rear 20 feet (c) Maximum lot coverage by all buildings. Maximum lot coverage by all buildings in the RSF 1 district shall be as follows: Maximum Coverage Maximum Impervious Surface (1) Single-family dwelling: 45 percent 55 percent (2) Other permitted principal uses: 25 percent 55 percent (d) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures in the RSF 1 district shall be as follows: (1) Single-family dwelling: 30 feet, unless a special exception is granted (2) Other permitted principal uses: 30 feet unless a special exception is granted (e) Single-family dwelling minimum unit size. 1,000-square feet. Section 90-106. - Additional regulations. Additional regulations which shall apply to all uses in the RSF 1 district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. Sections 90-107—90-130. - Reserved. DIVISION 3. - RESIDENTIAL SINGLE-FAMILY TWO (RSF 2) DISTRICT Section 90-131. - Generally. (a) Residential single-family two (RSF 2) zoning districts shall be permitted only on land designated as future land use category multi-family 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. Section 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. Section 90-133. - Special exception uses. The following uses and structures are permitted in the RSF 2 district after issua nce 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. Ordinance No. 1203 - Page 12 of 23 Language to be added is underlined. Language to be deleted is struck through. (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. Section 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. Section 90-135. - Lot and structure requirements. (a) Minimum lot area. Except where further restricted by these regulations for a particular use, the minimum requirements for lot area in the RSF 2 district shall be as follows: (1) Single-family dwelling: Area 6,250 square feet Width 50 feet (2) Other permitted principal uses: Area 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 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet (2) Other permitted principal uses: Front 25 feet Side 20 feet Rear 20 feet (c) Maximum lot coverage by all buildings. Maximum lot coverage by all buildings in the RSF 2 district shall be as follows: Maximum Coverage Maximum Impervious Surface (1) Single-family dwelling: 45 percent 55 percent (2) Other permitted principal uses: 25 percent 55 percent (d) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures in the RSF 2 district shall be as follows: (1) Single-family dwelling: 30 feet, unless a special exception is granted (2) Other permitted principal uses: 30 feet, unless a special exception is granted (e) Single-family dwelling minimum unit size: 900-square feet. Section 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. Sections 90-137—90-160. - Reserved. Ordinance No. 1203 - Page 13 of 23 Language to be added is underlined. Language to be deleted is struck through. DIVISION 4. - RESIDENTIAL MOBILE HOME (RMH) DISTRICT Section 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. Section 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. Section 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. (4) Recreation vehicle park for transient recreation use only. (5) Community center. (6) Indoor recreation. (7) Outdoor recreation. (8) Golf course. (9) Public utility. Section 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. Section 90-165. - Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) Minimum area. a. Mobile home park: Area 10 acres b. Mobile home subdivision: Area 10 acres c. Recreation vehicle park: Area 10 acres (2) Minimum lot area. a. Mobile home and single-family home: Area 5,000 square feet Width 50 feet b. Other permitted principal uses: Area 10,000 square feet Width 100 feet (3) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RMH district shall be as follows: a. District yard minimum: 20 feet on all property boundaries b. Mobile home and single-family home: Front Side Rear 20 feet 10 feet 10 feet c. Other permitted principal uses: Front Side Rear 25 feet 20 feet 20 feet Ordinance No. 1203 - Page 14 of 23 Language to be added is underlined. Language to be deleted is struck through. (4) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface a. Mobile home, recreation vehicle and single- family home: 50 percent 50 percent b. Other permitted principal uses: 30 percent 50 percent (5) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 30 feet. (6) Single family dwelling minimum unit size 800 square feet Section 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. Section 90-167. - Standards for single family dwelling units. This part sets forth the minimum standards for residential single family dwellings. Townhouses, trailers, mobile homes, and manufactured housing as defined in section 66 -1 Land Development Regulations shall be subject to this part. Except as specifically set out in this Code, no mobile home, manufactured home, trailer, travel trailer, recreational vehicle (RV), park model recreational vehicle, building, or other structure shall be used for sleeping or dwelling purposes in the city. Section 90-168. - 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 a pplied 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 Manufact ured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter 15C-1, F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material and shall be prepared to ensure drainage as required by applicable codes and approval of the city building official and the technical review committee. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12-inches above the crown of the roadways immediately adjacent to such lot or area. The city reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height. b. Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall be compacted as follows: 1. Remove any organic topsoil and other deleterious materials to their horizontal and vertical extremities to three-feet beyond concrete slab lines. 2. Compact the entire area under the concrete slab as needed to achieve a compaction of at least 95 percent of ASTM D1557 maximum density. Place fill as needed in not greater than 12 -inches compacted thickness layers. Minimum compaction density shall be 2,000 psf. c. Perimeter footer. A perimeter footer, where required by the Florida Building Code, shall be in accordance with the Florida Building Code. d. Piers and blocking. Where piers or blocking are utilized to elevate structure from the slab, poured concrete runners or finished grade, support and anchoring/tie-down of the structure shall be in accordance with the Florida Building Code requirements incorporated by section 66-10, Land Development Regulations; or the Permanent Ordinance No. 1203 - Page 15 of 23 Language to be added is underlined. Language to be deleted is struck through. 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; 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 n ot 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 atta ched 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 requir ed, 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 sk irting 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 ¼-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 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 featur es 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 l ess than 12- inches above the crown of the roadways immediately adjacent to such lot or area. The city reserves the right to Ordinance No. 1203 - Page 16 of 23 Language to be added is underlined. Language to be deleted is struck through. increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height. b. Either foundation type shall meet the Florida Building Code requirements incorporated by section 66 -10 Land Development Regulations. c. Blocking and tie-down shall be in accordance with provisions of the Florida Building Code requirements incorporated by section 66-10 Land Development Regulations for conventional construction; chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code) for manufactured housing. Stabilizing plates or collars shall be required where auger anchors are used. In addition, the requirements of (section) 90 -168(1)d.1.—7. above must also be met. d. Where a crawl space exists, the crawl space shall be enclosed by a bearing or non-bearing perimeter concrete, lathe and stucco, masonry or architecturally compatible skirting/enclosure. Extending the unit siding to the ground as described in section 90 -169(4) shall be permitted skirting/enclosure provided it is securely fastened to the ground. (3) Foundation requirements for mobile home and manufactured home parks. Regardless of zone, mobile home parks are designed for transitory use by mobile and manufactured homes. Accordingly, the requirements of subsections (1) and (2) above to the contrary notwithstanding, where a manufactured home or mobile home is to be located inside a mobile home or manufactured home park as defined in Section 66 -1 Land Development Regulations, mobile home or manufactured home blocking and tie-down shall be in accordance with the provisions of chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code). All such u nits 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 (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. Section 90-169. - 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 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. (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 dwelli ng 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 Appeara nce and Design Standards of Ordinance No. 1203 - Page 17 of 23 Language to be added is underlined. Language to be deleted is struck through. 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 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 a ll setback information. 11. A schematic design of the dwelling showing the roof, siding and other improvements. 12. An engineering or architectural plan of the foundation to be utilized. 13. Such other plans, surveys and documentation as may be required pursuant to section 66 -10 Land Development Regulations. 14. For purposes of notification, the names and addresses of property owners, as they appear on the latest tax roll of Okeechobee County, within 150-feet of the subject property. b. Procedure For Review of Application for used units that were constructed or manufactured more than five - years from the date that a complete permit application is submitted. 1. Within ten-days after an application has been submitted, the city building official shall determine whether the application is complete. If the building official determines the application is not complete, he shall send a written statement specifying the applicant's deficiencies to the applicant by mail. The building official shall take no further action on the application unless the deficiencies are remedied. 2. Within 30-days after the city building official determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the appearance and design standards of this section and whether the unit is consistent with and compatible with surround ing units at the proposed relocation site 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 applica tion for the determination of suitability for dwelling unit relocation on the agenda of the next available regular meeting of the board of adjustments and appeals in accordance with the procedures contained in this Code. Notice of public hearing shall be given as provided in section 70-371 Land Development Regulations. 4. The board of adjustments and appeals shall determine whether the dwelling unit continues to meet the Florida Building Codes incorporated by section 66-10 Land Development Regulations, or Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of section 90-170 of this Code and the appearance and design standards of this section, and whether the unit is consistent with and compatible with the general character of the neighborhood or community. Within a reasonable time of the conclusion of a public hearing, the board of adjustments and appeals shall make a determination as to whether the dwelling unit meets the standards described in this section. Appeals of the board's determination shall be in accordance with the provisions of section 70 -371 Land Development Regulations. 5. Notification of the board's decision shall be mailed to the petitioner and filed with the city building official. 6. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met, and subject to any conditions that the board of adjustments and appeals may impose. Where such conditions require repairs, renovations, construction or other like activity in order to meet appearance and designs standards or minimum code compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be 110 percent of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed by the board, including any established time frame for their completion, the applicant shall forfeit the security and the city may initiate action to demolish, remove and dispose of the unit and appurtenances. Ordinance No. 1203 - Page 18 of 23 Language to be added is underlined. Language to be deleted is struck through. 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. Departmen t 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 auth orize 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. 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 Developm ent, 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. 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 squar e 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. Ordinance No. 1203 - Page 19 of 23 Language to be added is underlined. Language to be deleted is struck through. (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. Section 90-170. - 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 bas ic 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 t o 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 mini mum 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 con strued 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 incorpora ted 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 tra nsported 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 locat ion 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 transpor ting a substandard mobile home out of the City of Okeechobee or to a permitted site for demolition and disposal. (d) Standards for review. Ordinance No. 1203 - Page 20 of 23 Language to be added is underlined. Language to be deleted is struck through. (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. 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 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. l. 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, satisfact ory 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 subse quent 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. (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. Section 90-171. - 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 Ok eechobee, 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, subject to a showing that all other applicable regulations, such as those on health and sanitation, have been met. Section 90-172. - Recreational vehicles. Ordinance No. 1203 - Page 21 of 23 Language to be added is underlined. Language to be deleted is struck through. (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 fa cilities) may be place along with any recreational vehicle unless specifically prohibited in subsection (c) below. In no event shall the combined square footage of all structures, including the recreational vehicle, exceed two, 100 square feet or a 60 percent lot coverage whichever is less, nor shall the total of all impervious surfaces exceed 70 percent lot coverage. Unless prohibited b7 subsection C below, recreational vehicles may be placed on a foundation and tied -down as provided in the Florida Administrative Code provided they are fully skirted. (c) Exception to appurtenances and foundation. No foundations or external appurtenances shall be constructed or placed along with any camping trailer, truck camper, motor home, private motor coach or van conversion as defined in Section 66-1 Land Development Regulations. (d) Tie down of recreational vehicles. Any recreational vehicle stored or remaining on a site for longer than six months shall obtain a permit and be tied down utilizing approved straps an d 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 thi s 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. Sections 90-173167—90-190. - Reserved. DIVISION 5. - RESIDENTIAL MULTIPLE-FAMILY (RMF) DISTRICT Section 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. Section 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. (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. Section 90-193. - Special exception uses. The following uses and structures are permitted in the RMF district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Guesthouse, provided that the lot area shall be not less than 12,500 sq uare 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. Ordinance No. 1203 - Page 22 of 23 Language to be added is underlined. Language to be deleted is struck through. Section 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. (3) The owner of the facility shall submit an affidavit st ating 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 year round basis, except that single individual or family may occupy the facility year round 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 densitie s for affordable housing set out in Section 90-76. (5) 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. (6) Any migrant facility shall comply with all other regulations and land use regulations for density, setbacks or other requirements of this zoning classification. Section 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. Section 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) Minimum lot area. a. Single-family dwelling and zero lot line single- family dwelling: Area Width 6,250 square feet 50 feet b. Two-family dwellings: Area 6,250 square feet for each dwelling unit Width 100 feet c. Multiple-family dwellings: Area 4,356 square feet for each dwelling unit d. Other permitted uses: Area 10,000 square feet Width 100 feet (2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: a. Single-family dwelling, and two-family dwellings: Front Side Rear 25 feet 10 feet 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet b. Multiple-family dwellings, and other permitted uses: Front Side Rear 25 feet 20 feet 20 feet (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface a. Residential uses: 40 percent 60 percent b. Other permitted principal uses: 30 percent 60 percent Ordinance No. 1203 - Page 23 of 23 Language to be added is underlined. Language to be deleted is struck through. (4) 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. (5) Single family dwelling minimum unit size 800 square feet Section 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. Sections 90-198—90-220. - Reserved. SECTION 3: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: 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 5: Codification. 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 6: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 21st day of January, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of February, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John Fumero, City Attorney City ot Okeechobee � ... lleral Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 LJate: I ( Fee Paid: 1 st Hearing: c:':?i I '1 1� I • )c\ /J Publication Dates: Notices Mailed: P.et1t1on No. j :, ;• ,/ (..., ,, ', .. , Jurisdiction: f c ,·:t ' {l(l ,J ;q 2 °0 Hearing: ·1-8 3 w ( ;c APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS 1 2 3 4 5 6 -·-Ir:.. >: ... ., 8 APPLICANT INFORMATION Name of Applicant: /1 �,iTi/ • . I ·d t "'/!ff' .. ,· Mailing address: E-mail address: Daytime phone(s): Do you own residential property within the City? LJ Yes L_)No If yes, provide address(es) Do you own nonresidential property within the City? LJ Yes L_)No If yes, provide address{es) -.� . :, . , .. . . ' .. ;, . ::·;;,._ i\?: ,;·, :' ' ·-.:·.:- .. ', ' :· ·••,· ·:/.;;';-.. ,,> :: ' .. : ·:,-){��,YJ�§J.i�Ji9�N.i!\!t§:�J'.'.ltli/_:·,: ' - . Request is for: (__J Text change to an existing section of the LDRs . •' V :,:_::; ;··-\{/ :, .... ·· .. :. ... , :· \ ,·,• . ::. (__J Addition of a permitted use LJ Deletion of a permitted use .. ···1··.·,_- . .. ,. (__J Addition of a special exception use (__J Deletion of a special exception use (__J Addition of an accessory use (__J Deletion of an accessory use Provide a detailed description of text changes to existing section{s) showing deletions in strikeout and additions in underline format. (This description may be provided on separate sheets if necessary.) LDR Amendment Application Pagel of3 Exhibit 2 December 19, 2019 providing planning and management solutions for local governments 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 www.larueplanning.com Staff Report To: Okeechobee Planning Board From: Ben Smith, AICP Meeting Date: December 19, 2019 Subject: Ordinances to Revise the Land Development Code- Restaurant Parking, Auto Service Stations, Single Family Dwelling Minimum Unit Size, and Reorganization of Housing Standards 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. Historically, use of the term ‘floor area’ in this requirement has sometimes been interpreted to mean all inside and outside customer service areas. However, the term ‘floor area’ typically refers to the amount of floor area within a building. Staff is reviewing this parking standard to determine whether additional clarification is necessary and because it 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 At the October Planning Board meeting, the Board held a workshop and agreed to move forward with a land development code revision to section 90-512 which bases the restaurant parking standard on customer service area instead of floor area. The effect of this change is that, regardless what other uses exist, and regardless where the customer service area is located, the restaurant customer service area is considered in the calculation. Additionally, it was agreed that a minimum number of 3 parking spaces should be provided for any restaurant. These changes are depicted in the attached ordinance. 2 Auto Service Stations The City’s land development code contains a definition for ‘auto service station’ as well as supplemental regulations for auto service stations; which are listed as permitted in the Heavy Commercial (CHV) District, Central Business (CBD) District, Industrial (IND) District and the Mixed-Use Planned Unit Development (PUD-M) District. Section 66-1 provides a definition as follows: Auto service station means an establishment used for sale of motor fuel, oil, motor vehicle accessories, and as an accessory use convenience goods to gasoline customers, and which may include facilities for lubricating, washing, servicing and minor repairs to vehicles, but not including painting and body repairs. Any facility which sells gas and convenience goods meets this definition of ‘auto service station’ and therefore should meet the requirements of Section 90-692, all of which are more restrictive than those of the CHV and CBD district, and most of which are more restrictive than the IND district. While it may be appropriate to require a larger lot area, less lot coverage and greater setbacks from residential, it may not be necessary to require greater setbacks for underground fuel tanks or greater standard setbacks for all structures. It is likely that the service station setbacks and regulations were intended to apply to service stations with above ground fuel tanks. Now that most gas stations utilize underground fuel tanks, this additional setback could be considered an onerous restriction. Based on staff review of site plans for gas stations, it has been a difficult requirement to meet for some facilities. At their October meeting, the Planning Board held a workshop and agreed to reduce the structure and underground fuel tank setback requirements to match the CHV district setbacks, as depicted in the attached ordinance. 3 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 At a previous workshop, the Planning Board agreed that increasing the single family dwelling minimum unit size is appropriate, with specific standards adopted 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. The Board was also not satisfied with the City’s current method of calculating minimum floor area, pointing out that it is not common to include garage areas and that the language concerning “integrated roof system” was also not standard. The Board directed staff to propose a revised minimum floor area calculation that more closely aligns with the current zoning standards and is compatible with the Florida Building Code. Additionally, while reviewing the existing codes for this task, staff 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 Board agreed that it is appropriate to move these sections to Division 1 of Article III, where they will more clearly apply to other zoning districts besides just the RMH district. All of these proposed revisions are included in the attached ordinance.