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05-24-2005 Regular CITY OF OKEECHOBEE LAND PLANNING AGENCY MAY 24, 2005 SUMMARY OF AGENCY ACTION I. Call to Order - Chairperson. Land Planning Agency, May 24,2005, 7:00 p.m. Chairperson Ledferd called the May 24, 2005 Land Planning Agency meeting to order at 7 :00 p.m. II. Chairperson, Member and Staff Attendance - Secretary. . III. . Board Secretary Cook called the roll: Chairperson William Ledferd Vice-Chairperson Dawn Hoover Agency Member Kenneth Keller Agency Member Thomas Keller Agency Member Christopher Mavroides Agency Member Devin Maxwell Agency Member Douglas McCoy Alternate Member Terry Burroughs Alternate Member John Whidden Attorney John R. Cook Secretary Katrina Cook Present Present Present Absent - without consent Absent - without consent Present Present Present - serving as a voting member Absent - with consent Absent Present Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action Agency Member McCoy motioned to dispense with the reading and approve the Summary of for the April 26, 2005 regular meeting. Agency Action for the April 26, 2005 Regular Meeting; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCoy - YEA MOTION CARRIED. III. New Business - City Planning Consultant. A. Discuss Amending Section.66-1 of the Land Development Regulations. Katrina Cook, Agency Secretary, briefly described a memo submitted by Mr. Cook explaining the recommendation. In Mr. Cook's memo it states that he is recommending to change the definition of a wellhead within our Land Development Regulations to match the definition within our Comprehensive Plan. The recommended wording to be placed in the Land Development Regulations is "The City's Land Development Regulations shall designate a protection area of 1000 feet in radius from each public potable water well as the wellfield protection zone. The first 300 feet radius closest to the well shall be a zone of exclusion, where no development activities shall be permitted except that related with water supply provision." (Policy 7.5a) . In Attorney Cook's absence, there was a brief discussion between the Agency Members and City Planning Consultant Jim LaRue regarding the proposed amendment. There was no further Agency comments, nor any public comment. Agency Member Maxwell motioned to make a recommendation to the City Council to amend the definition of a wellhead protection area located within Section 66-1 of the Land Development Regulations to match the definition of a wellhead protection area in the Comprehensive Plan, as suggested by Attorney Cook; seconded by Agency Member Hoover. . VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. I I 1 . . v. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: ~~ CcolU Katrina Cook, Secretary ? J '[7 I .// . ~~._-~t:.' U--- William Ledfer There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:10 p.m. . . PAGE -1- CITY OF OKEECHOBEE - May 24, 2005 _ LAND PLANNING AGENCY - HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: May 24.2005. Land Planning Agency Regular Meeting 7:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE _ Secretary. Present Chairperson William Ledferd Absent Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Thomas Keller Board Member Douglas McCoy Alternate Terry Burroughs - vo-hnq ly\e rYl De,. Secretary Katrina Cook Alternate John Whidden Attorney John R. Cook III. MINUTES - Secretary. A. Agency Member Drne moved to dispense with the reading and approve the Summary of Agency Action for the April 26, 2005 Regular Meeting; seconded by Agency Member 0\-+ VOTE YEA NA Y ABSTAIN ABSENT Hoover K. Keller T.. Keller Ledferd Mavroides Maxwell McCoy MOTION: CARRIED ~ DENIED . . PAGE -2- IV. New Business - City Attorney. A. Discuss Amending Section 66-1 of the Land Development Regulations. ffiCLU wR LOnglla~ rroJ-ch CorYL{J plan BL - tx:ot::Lt '1 S 9(Jo - fYlRm 0 00 l-J S ,3Q) Dln ~ LOn/\.p VlClh. (Y\O(~ . r\O~ Lon S \ clued. os ~flQcqh+-fLll\ - lOk?'3 0pect.hcoc.tl~J . U'I rnCrhon 1'0 \ytllLc C\ y QCOrvuLlrd.LL1lm -~ Lilt L II In Dn Ot" W.tlQ btucl prtlcc11 of! be (On S I sir IL! WlM fu dtf lr) COrYI P pLCLrl. - ---... I 'w.d ~ JR p.I;}JP;}'l uos.I;}d.l!Rq;::> - .LN3WNlHIOraV 'A -t- 3~Vd . - . . III. CITY OF OKEECHOBEE LAND PLANNING AGENCY MEETING MAY 24, 2005 OFFICIAL AGENDA PAGEIOFl I. CALL TO ORDER: Land Planning Agency, May 24,2005,7:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE _ Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action for April 26, 2005 regular meeting. IV. NEW BUSINESS - City Attorney. A. Discuss Amending Section 66-1 of the Land Development Regulations. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are for the sole purpose of backup for official records of the Department of General Services. . . City of Okeechobee Bill L. Veach Office of the City Administrator May 24,2005 MEMO Zoning/planning board Meeting May 24, 2005 In the event I am unable to attend tonight's meeting, I have prepared this memo on the two items I requested for the agenda: 1. The original comprehensive plan stated that certain potable wellhead protection zones would be incorporated into our LDR' s, and it provided for a 1000' zone of protection, with no development permitted within 300' ofa well. For some reason, in the definition of wellhead protection in our LDR's, we inserted a zone of protection of Y2 mile. Therefore, I request that the board recommend to the city council that the LDR definition be amended to match the original comprehensive plan definition. II. The second area is height limitations in industrial zoning category. I recollect that you already recommended to the council that this be done. You may recall that in industrial zoning, which includes our industrial park, limitation is 45 feet, but up to 100' ifno workers are on-site. Our deed restrictions applicable at the park have a 45' height limit. I do not think I was specific enough last time; I am requesting that you recommend to the city council the following amendment to industrial zoning district: a maximum height limit of 60 feet unless a special exception is granted of up to 100 feet in height. It will be necessary to amend the deed restrictions also, but the city council can direct that to be done. J.~~ 55 S.E. Third Avenue · Okeechobee, Florida 34974-2932 · (863) 763-3372 . Fax: (863) 763-1686 . . May 16,2005 MEMO Katrina Re: zoning/planning May 23, 2005 The matter I want to place on the agenda for the board is to amend 66-1 of the LDR's in the following respect: Our comprehensive plan, in dealing with zone of exclusion for wellhead protection, our requirements are: "The city's land development regulations shall designate a protection area of 1000 feet in radius from each public potable water well as the well field protection zone. The first 300 feet radius closest to the well shall be a zone of exclusion, where no development activities shall be permitted except that related with water supply provision." (Policy 7.5a) Our LDR section at 66-1 has a different definition, so we want to change that section to match the comp plan definition. Jef . . GENERAL PROVISIONS ~ 66-1 Sec. 66.1. Definitions. The following words, terms and phrases, when used in these land development regulations (sub- part B of this Code), shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to discontinue a use for more than 150 days, unless otherwise defined. Abut means to share a common property line. Accessory use, commercial or industrial, means a subordinate use which is customarily associated with, and incidental to, the principal commercial or industrial use located on the same parcel, and includes parking and landscaping. Accessory use, customary, means a subordinate use which is customarily associated with, and incidental to, the principal use or building and located on the same parcel. Accessory use, residential, means a subordinate use which is customarily associated with, and incidental to, the principal residential use located on the same parcel, which does not involve the conduct of business except a permitted home occupation, and includes the following: garage, carport, landscaping, nursery, greenhouse, ga- zebo, garden shed, tool shed, patio, barbecue pit, boat dock and boat ramp, swimming pool and enclosed screening, children's play equipment. Adult entertainment means an establishment intended primarily for adults due to the sexual nature of its merchandise, entertainment or ac- tivities; and includes adult bookstore, adult video store, massage parlor, steam bath, adult private dancing, modeling studio, topless dancing, and similar establishments with nude or seminude entertainers or employees. Adult family care homes or assisted living facilities means a building designed or used as permanent living quarters for six or more unre- lated persons or families, in which individual cooking facilities are not provided. The term "adult family care homes or assisted living facilities" includes an adult congregate living facility, board- inghouse, fraternity house, monastery, and hous- ing for the elderly. The term "adult family care homes or assisted living facilities" shall not in- clude a hotel, motel, or nursing home. Affordable housing means housing costs that, on a monthly basis, require rent or mortgage payments of no more than 30 percent of the monthly gross income of a lower income family. Antenna means an arrangement of wires or metal used in sending or receiving electronic waves; including a radio, television or communi- cations satellite dish or antenna. Architect means a person licensed to practice architecture in the state. 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 in- clude facilities for lubricating, washing, servicing and minor repairs to vehicles, but not including painting and body repairs. Bar means an establishment for the sale and on-premises consumption of alcoholic beverages as a primary use, without live performers, and includes a cocktail lounge and saloon. Boardinghouse means an owner-occupied dwell- ing, or part thereof, wherein four or more people are sheltered for profit; includes roominghouse and bed and breakfast establishments. Building height means the vertical distance measured from the average elevation of a pro- posed finished grade at the front of a building to the highest point of the roof surface of flat and mansard roofs, and to the average height between the eaves and ridge for other types of roofs. Building line means the rear edge of the re- quired front yard. Cafe means an establishment which provides food and nonalcoholic beverages for on-premises and off-premises consumption, but is limited to not more than 20 seats for patrons; and includes a coffee shop and sandwich shop. Camouflaged tower means a communications tower designed to unobtrusively blend into the existing surroundings and be disguised so as not to have the appearance of a communications CD66:3 . ~ 66-1 . OKEECHOBEE CODE tower. Camouflaged communications towers on buildings, not including accompanying antenna mounts, must be disguised to appear as an acces- sory structure that is normally associated with the principal use occupying the property. Other camouflaged communications towers must be dis- guised to blend in with other facilities on the property or existing vegetation. Examples of cam- ouflaged communication towers would be a com- munications tower constructed in the form and shape of a tree to be part of a forested area, or a tower constructed to appear to be a component of a bell or clock tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint, or mark- ings alone are insufficient to qualify for a deter- mination as a camouflaged communications tower. Camouflaged towers shall not be lit. Car wash means an establishment which pro- vides facilities for washing and cleaning motor vehicles. Cluster development means the development of residential dwelling units, or commercial, indus- trial or institutional building floor area, in which the density of the uses is increased by the transfer of density from one site to another. Such develop- ment is authorized by permitting smaller lot sizes when a specified part of the land is placed in permanent conservation use. Communication antenna means an antenna designated to transmit and/or receive communi- cations as authorized by the Federal Communica- tion Commission. Communication towers means any structure intended exclusively to support communication antennas, excluding antenna mounts. Design ex- amples of communication towers are described as follows: (1) Self-supporting lattice; (2) Guyed; (3) Monopole; and (4) Any other tower type structure as deter- mined by the building official or designee of the city council. Community center means a meeting or assem- bly hall, museum, art gallery, library, sports club, gymnasium, hobby workshop center, adult educa- tion facility, not operated primarily for profit. Concurrency means a condition that requires public facilities and services to maintain the adopted level of service standards when the im- pacts of a development occurs. Concurrency compliance means requirements that shall be satisfied when the required public facilities and services are in place at the time a development permit is issued. A development permit is issued subject to the condition that the required public facilities and services will be in place when the impacts of development occur; the required public facilities and services will be in place in adherence to state mandates under F.S. ch. 163 and F.A.C. 9J-5. Craft studio means arts, crafts and hobbies, ceramic, glass, photography, picture framing, wood carving, and weaving studios, and includes the sale of articles produced on the premises. Day care center means an establishment pro- viding daytime care or instruction for four or more unrelated persons, and includes nursery school, child and adult care facilities. Developer means any person, legal entity or government agency undertaking any develop- ment. Development activity means the commence- ment of development activity is that portion in time when the developer has completed the site or plan review process, and a development or build- ing permit to commence construction has been issued by the city. Development order means any order issued by the city granting, denying, or granting with con- ditions an application for a development permit. Development permit means a permit issued by the city, including a building permit, zoning per- mit, subdivision approval, rezoning, certification, special exception, variance or any other official action, having the effect of permitting develop- ment of land. CD66:4 . . GENERAL PROVISIONS ~ 66-1 Drive-through service means a building or part thereof, where a product is sold to, or a service performed for, customers while they are in or near a motor vehicle, except for an auto service station and a car wash. Dwelling and dwelling unit mean a building or part thereof designed or intended for occupancy as permanent separate living quarters, with one kitchen plus sleeping and sanitary facilities pro- vided within the unit, for the exclusive use of one family maintaining a household. The terms "dwell- ing," "single-family dwelling," "two~family dwell- ing," or "multiple-family dwelling" shall not in- clude a motel, hotel, camp, recreation vehicle or similar structure. Dwelling, multiple-family, means a building designed or used as permanent living quarters for three or more families living independently from each other, and includes townhouses, rowhouses, apartments, and patio home attached units. Dwelling, single-family, means a detached build- ing designed as living quarters for one family, and including at least separate sleeping, cooking and toilet facilities. Dwelling, two-family, means a building contain- ing two dwelling units designed as living quarters for two families living independently from each other, and includes duplex and semidetached units. Dwelling, zero lot line, means a single-family detached dwelling unit which is sited on a lot with one wall abutting one interior side lot line. Engineer means a person licensed to practice engineering in the state. Family means any number of persons related by blood, marriage or adoption, and not more than four unrelated persons, living together as a single housekeeping unit. FEMA means the Federal Emergency Manage- ment Agency. Flag means any freely waving material contain- ing colors, patterns, insignias or symbols. Flea market means an outdoor retail sales area in which parcels of land are rented to individual merchants to display and sell goods. Flood hazard area means areas designated on FEMA Flood Hazard Boundary Maps as zone A, and flood insurance rate maps as zones A, AO, AH, AI-3D, AE, A-99, and B. Areas within the city not included on these maps shall be considered to be in FIRM zone C. Floor area ratio (FAR) means a ratio of gross floor area of all structures on a lot to the lot area. Fortuneteller means an establishment where readings are given for a fee, and includes astrolo- gist, clairvoyant, mystic, palmist, psychic reader, telepathist and similar activities. Foster care facility means a building designed or used as permanent living quarters for foster residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents and serving either children or adults. Funeral home means an establishment where funerals are managed and human remains are prepared for burial; and excludes a crematory. Golf course means land in excess of 90 acres for a nine hole 32 plus par, and 150 acres for an 18 hole 64 plus par course, including clubhouse and accessory facilities. Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehen- sive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F,S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or fed- eral agency. Guesthouse means an accessory dwelling unit to a principal residence on a lot, intended for nonpaying accommodation of guests visiting the CD66:5 . . ~ 66-1 OKEECHOBEE CODE occupants of the principal dwelling. Aguesthouse includes a garage apartment and an accessory apartment. Home occupation means a business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. Hotel means an establishment containing pri- marily sleeping accommodations for transient guests, with no provisions made for cooking in individual rooms, and which may have restau- rants, personal services and indoor recreation as accessory uses. House of worship means a church, temple, synagogue and similar centers of an established religion. Illegal use, structure or sign means any use, building, structure or sign used or erected with- out permission from the city and/or in violation of these regulations. Land means earth, water, and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. Land development regulations means ordi- nances adopted by the city council for the regula- tion of any aspect of development and includes zoning, rezoning, subdivision, building construc- tion, or sign regulations or any other regulations controlling the development of land. Landscape buffer means a continuous area of land set aside along the perimeter of a lot in which landscaping is used to provide a transition between developments. Landscaping means any combination of living plants (grass, ground cover, vines, shrubs, hedges, trees) or nonliving landscape materials (rocks, mulch, decorative paving). Landscaping may in- clude the preservation of existing native trees and vegetation into site development. Laundry means an establishment providing home-type washing, drying, dry cleaning, and/or ironing machines for hire, to be used by customers on the premises. Laundry, commercial, means an establishment providing bulk washing, drying, dry cleaning, and/or ironing services on the premises for com- mercial or industrial clients. Lot means land occupied or which may be occupied by a building and its accessory uses, together with such open spaces as are required, having not less than minimum area, width and depth required for a lot in the district in which such land is situated, and having frontage on a street, or other means of access as may be deter- mined to be adequate as a condition of issuance of a building permit Lot coverage means the percentage of the lot covered by buildings, including roofed porch, ga- rage, carport, swimming pool, solid deck, and other accessory buildings. Vehicular driveways and pedestrian paths are not included in cover- age. Lot frontage means the shortest property line adjacent to a street; it is also the front property line. Lot of record means a lot which is part of a subdivision recorded in the office of the clerk, circuit court. Lower income family means a family or house- hold whose annual income does not exceed 80 percent of that of a median family or household income for the city. Mobile home means a manufactured, detached, transportable structure on a foundation or rigid support, with over 400 square feet of floor area, designed for use as permanent living quarters, and built in compliance with the Federal Manu- factured Housing Construction and Safety Stan- dards Act. A recreational vehicle is not to be considered as a mobile home. Mobile home park means land under single ownership which is used to supply to the public spaces for the placement and occupancy of two or more mobile homes as dwelling units. Mobile home subdivision means a subdivision of land for the sale of lots for the placement and occupancy of mobile homes as dwelling units. CD66:6 . . GENERAL PROVISIONS ~ 66-1 Mobile home, substandard, means mobile homes built prior to June 15, 1976, and newer mobile homes built not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act. Modular home means factory built housing certified as meeting the state building code as applicable for modular housing. State-certified modular homes shall be subject to the same regulations as site-built dwellings, Motel means an establishment containing sleep- ing accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Nightclub means an establishment providing indoor entertainment, usually with live perform- ers and dancing, where food and alcoholic bever- ages may be sold for on-premises consumption. Nonconforming lot means a parcel of land shown on a plat recorded prior to enactment or amendment of these regulations, but which does not conform to the minimum area, frontage, width or depth regulations for the district in which it is located. Nonconforming structure means a lawful build- ing or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height, parking, landscaping or supplementary regulations of the district in which it is located. Nonconforming use means a lawful building, structure or land existing on the date of enact- ment or amendment of these regulations, but which does not conform to the regulations of the district in which it is located. Nursing home means an establishment provid- ing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is provided; but not including hospitals, clinics and institutions. Office, business, means an establishment not involving the sale of goods, and including such businesses as bank, employment agency, financial services, insurance agent, manufacturer's agent, real estate broker, stock broker, telephone answer service, travel agent or similar use. Office, medical, means an establishment pro- viding human out-patient services by persons practicing health services, including acupunctur- ist, chiropodist, chiropractor, dentist, optician, optometrist, osteopath, physical therapist, physi- cian, or any such lawful profession, but excludes masseur, in-patient hospital care and veterinar- ian. Office, professional, means an establishment of an accountant, architect, attorney, engineer, land- scape architect, surveyor, urban planner, and similar nonmedical professionals. Off-street loading space means space at least ten feet wide by 30 feet long by 14 feet high used for temporary location of one motor vehicle. Open space means undeveloped land suitable for passive recreation or conservation uses. Outdoor sales and storage means an establish- ment for the sale or storage of new and used goods, including building and farm equipment and materials, and mobile homes. Outdoor vehicle sales lot means an establish- ment for the sales of new and used operable vehicles inducing cars, campers, recreational ve- hicles, trailers, trucks, boats and similar vehicles; and excluding farm equipment and mobile homes. Owner means the owner of record of property as appears in official records of the county. Parcel (of land) means land capable of being described by definite location and boundaries, which is designated by its owner as land to be used or developed as a unit, or which has been used as a unit. Park model recreational vehicle means a man- ufactured, detached, transportable structure on a foundation or rigid support, with less than 400 square feet of floor area, designed for use as seasonal or temporary living quarters when con- nected to water, sewer and electric utilities. Parking space, handicapped, means parking space as required by F.S. ~ 316.1955. CD66:7 . . ~ 66-1 OKEECHOBEE CODE Parking space, off-street, means space at least nine feet wide by 20 feet long used for temporary location of one motor vehicle. Parking space, tandem, means parking space that abuts a second parking space in such a way that vehicular access to the second space can be made only through the first space. Planned unit development (PUD) means land under unified control, planned and designed to be developed as an integral unit according to an approved site development plan. Private club means an establishment catering exclusively to an association of persons and their guests, which is not available for unrestricted public access, includes fraternal lodge, sorority, union hall. Public facility or use means federal, state, county, city or other publicly owned and operated building or open area providing public services. Public utility means a publicly owned or regu- lated facility for providing electricity, gas, commu- nications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal, or fire protection services to the general public; and excludes outdoor storage and services yards in residential and commercial districts. Recreation, commercial indoor, means an en- closed establishment providing recreation activities, including amusement arcade, billiards, table tennis, bowling alley, gym, movie theater, health club, racquet club, skating rink, swimming pool, and similar uses operated primarily for profit. Recreation, commercial outdoor, means an amusement park, miniature golf, golf practice range, archery range, outdoor theater, horse riding stable, fair, carnival, swimming and water recre- ation, discovery park, and similar uses operated primarily for profit. Recreation, indoor, means an enclosed estab- lishment housing a swimming pool, sports club, gymnasium, hobby workshop center, and similar uses and not operated primarily for profit. Recreation, outdoor, means a park, athletic field, tennis court, swimming pool, nature pre- serve, botanical garden, and similar uses and not operated primarily for profit. Recreational vehicle means a camping trailer, motor home, travel trailer truck trailer or other vehicle with or without motor power, equipped with shortterm living or sleeping quarters, and not exceeding 40 feet in length and 81/2 feet in width, designed to travel on roads without special permit; and excludes a park model recreational vehicle. Recreational vehicle park means land under unified control designed to accommodate two or more shortterm, overnight parking of recre- ational vehicles, and not for pennanent residen- tial use. Residential infill means a residential subdivi- sion plat or site plan which is either under con- struction or has vacant lots, and which was ap- proved prior to adoption of these regulations. Retail store means an enclosed establishment selling retail goods, and not manufacturing any product. Salvage yard means land or structure, or part thereof, used for collecting, storage or sale of wastepaper, rags, scrap metal or discard mate- rial; or for collecting, dismantling, salvaging stor- age or sale of machinery parts or vehicles not in running condition. School, business, means commercially operated schools including beauty culture, business, danc- ing, driving, music, vocational and technical train- ing, and similar establishments operated for profit. School, public or private, means parochial, pub- lic and private schools, college, university, and accessory uses, not operated primarily for profit. Service, personal, means an establishment in- cluding: barbershop, beauty shop, clothes repair, dry cleaner, nail care, pawnshop, reducing studio, shoe repair, tailor, and similar uses not primarily offering a product for sale. CD66:8 . . GENERAL PROVISIONS ~ 66-1 Service, retail, means a restaurant, bar or tavern for on-premises consumption of alcohol, printer, pawnshop, dance or music studio, pet shop and similar establishments. Services, mechanical and repair, means estab- lishments including machinery servicing and re- pair, or service garage, motor vehicle body shop, motor vehicle or trailer rental, veterinarian, printer, auction house, salvage yard, and similar service uses. Sign means advertising matter, writing, num- ber, illustration, decoration, symbol, design, flag or other device used to attract attention or convey a message. Sign, accessory, means a sign that is permitted as incidental to a permitted land use. Sign, building, means a sign attached to or painted on a building exterior, including canopy and window signs. Sign, directional, means a sign erected to give directions to an establishment and containing no advertising other than the name. Sign face means a part of a sign that is poten- tially used for copy. Sign, flashing, means a sign designed to at- tract attention by flickering or moving lights. Sign, ground, means a freestanding sign sup- ported from, or erected on the ground. Sign, illuminated, means a sign in which a source of light is used to make a message read- able, and includes signs which depend on reflec- tors for an image. Sign, moving, means a sign designed to attract attention by movement and includes revolving, animated signs and signs with continuously mov- ing copy. Sign, nonconforming, means a sign which does not conform to this subpart B. Signs, number of, means that a ground sign shall be considered to be one sign where matter displayed is related to one use, and shall be considered to be multiple signs where matter displayed is related to more than one use. Sign, off-premises, means a sign directing at- tention to subject matter located on another prop- erty, and includes a billboard. Sign, portable, means a sign not permanently attached to the ground or other structure. Sign, roof, means a sign on a building which extends above the highest point of the roof. Sign, snipe, means an off-premises sign posted without city or government agency permission. Sign, wall, means a sign on a building exterior; and projecting not more than one foot. Sign, wind, means signs consisting of banners, flags, spinners, streamers, balloons or other ma- terial fastened to move in the wind. Structure means anything, more than one foot in height above ground level, constructed or in- stalled which is attached to the ground or to another object which is permanently attached to the ground. This shall include, but not be limited to, buildings, mobile homes, screened enclosures, swimming pools, towers, walls, fences, signs, poles, pipelines, storage tanks, and shore protection devices. Structure, accessory, means permitted de- tached subordinate structure which is customar- ily associated with and incidental to the principal use on the premises. Substandard means deviating from or falling short of a standard or norm. Use means the purpose for which land or a structure is designated, arranged, maintained or occupied; or any activity, business or operation carried on, or intended to be carried on, in a structure or on land. Use, accessory, means a subordinate use which is customarily associated with, and incidental to, the principal use or building and located on the same parcel. Use, principal, means the primary purpose for which the land or building is used as allowed by the applicable zoning district regulations. Variance means a modification of these regula- tions when, owing to physical conditions peculiar CD66:9 . ~ 66-1 . OKEECHOBEE CODE to the property, a literal enforcement of these regulations would result in an unnecessary hard- ship. veterinary service means an establishment where animals are admitted for examination and treat- ment. Visibility triangle means, on a corner lot, the triangle ofland formed by a straight line connect- ing two points located on, and 35 feet from, the intersection of the two street property lines. Wellhead protection area means the land within one-half of a mile of potable water supply wells operated by the city utility authority. Written and in writing mean any written pre- sentation whether by printing or otherwise. Year means any continuous 12-month calendar period. Zone of exclusion means land within a 200-foot radius of a public potable water supply wellhead. (LDR 1998, ~ 990) Cross reference-Definitions generally, ~ 1-2. Sec. 66-2. Title of land development regula- tions. This subpart B of part II of this Code shall be entitled the "City or Okeechobee, Florida, Land Development Regulations, Administration and Zon- ing Regulations," and is referred to in this sub- part B as the "land development regulations" or the "regulations." (LDR 1998, ~ 101) Sec. 66-3. Authority of council. As authorized under the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, the city council shall have the following powers and responsibilities: (1) To plan for the future development and growth of the city. (2) To adopt and amend comprehensive plans to guide future development and growth. (3) To implement comprehensive plans by the adoption of appropriate land development regulations. CD66:10 (4) To establish, support and maintain admin- istrative instruments and procedures to carry out the provisions and purposes of the Act. (LDR 1998, ~ 102) Sec. 66-4. Relationship of land development regulations to city comprehen- sive plan. (a) The Local Government Comprehensive Plan- ning and Land Development Regulation Act re~ quires the city to enact land development regula~ tions which implement and are consistent with the comprehensive plan. These land development regulations meet this consistency requirement by providing regulations which address each policy in the adopted comprehensive plan. (b) Nothing in these regulations shall be con~ strued to authorize development that is inconsis- tent with the comprehensive plan. (LDR 1998, ~ 103) Sec. 66-5. Intent and purpose of regulations. In conformity with the purposes of the Act, it is the intent of the city council to enact land devel- opment regulations that are consistent with and implement the city comprehensive plan, The reg- ulations and zoning districts set forth in this subpart B are made in accordance with the com- prehensive plan for the general welfare of the community. It is the purpose of these regulations to: (1) Regulate the development of land to en- courage the most appropriate use of land, water and resources, consistent with the public interest. (2) Preserve, promote, protect and improve public health, safety, comfort, appear- ance, convenience, law enforcement and fire prevention, and general welfare. (3) Prevent the overcrowding of land and avoid undue concentration of population. (4) Facilitate the adequate and efficient pro- vision of transportation, water, sewage, schools, parks, recreational facilities, hous- ing and other services.