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0816 Amending LDRsORDINANCE NO. 816 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, SECTION 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE, SECTION 758 EXTENSION OF NONCONFORMING STRUCTURE, SECTION 759 REPAIR OF NONCONFORMING STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFORMING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF NON CONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee, Florida has enacted Ordinance No. 716, known as the Land Development Regulations, which regulations address Central Business Zoning District Regulations in Section 390; and Nonconforming Uses and Structures in Section 750 thereof; and WHEREAS the City of Okeechobee, through staff analysis and examination of building permits has determined that a large percentage of the commercial zoning districts within the City of Okeechobee contain nonconforming uses and structures, which do not meet current building and zoning regulations and these district regulations; and WHEREAS the Land Development Regulations now provide for all such nonconforming uses and structures to become conforming to current regulations upon change in use or ownership; and WHEREAS it is determined that many of the commercial structures in the City cannot become conforming structures with reasonable diligence due to lack of parking, loading, on -site water retention, improper set -back of structures, and other reasons, and the strict adherence to the current land development regulations would effectively prohibit the sale or transfer of the structure to a new owner or tenant; and WHEREAS the City of Okeechobee desires to enforce land use and zoning regulations in an effort to improve the aesthetics, and proper land use of its commercial zoning districts within the City, as an overall plan for future growth, yet also to accommodate the landowners who wish to expand or improve their commercial structures; and WHEREAS the City of Okeechobee determines that permitting certain limited extensions or improvements or repairs to nonconforming structures can accomplish the goals of the City in this regard, yet also permit the landowners some flexibility in the development and use of their commercial livelihoods; THEREFORE be it ordained and approved by the City Council for the City of Okeechobee, Florida, that: SECTION 1: Sections 395, 754, 758 and 759 of Ordinance No. 716, Land Development Regulations, be amended in the following respects: Language to be added is underline Language to be deleted is struck stfttek-throtigh Page 1 of 4 395 ADDITIONAL REGULATIONS (CENTRAL. BUSINESS ZONING DISTRICT) The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements in Section 394, such applicant may, in conjunction with the site plan review by the Technical Review Committee, request a waiver of any such additional regulation. If the Technical Review Committee determines that the applicant cannot comply with the additional regulation due to circumstances beyond the control of applicant, the Committee may recommend to the Board of Adjustments to waive such additional requirement. Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and Loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory Regulations 6 Supplementary Regulations 7 Environmental and Stormwater Regulations 8 Utilities Regulations 9 Building Design Guidelines 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 2. TRANSFER OF NONCONFORMING USE OR STRUCTURE In the event the underlying lands on which exists a nonconforming use within the City is are sold, assigned, or in any manner transferred from the name-of-the record owner title holder of said lands, as such ownership is reflected in the records of the Clerk of the-Circuit Court or Property Appraiser for Okeechobee County, such nonconforming use shall not be permitted to be likewise be transferred, and said the nonconforming use shall extinguish, and any such future use of said lands shall be in compliance with all current City Codes, and these regulations land use and zoning requirements, as set out in the district regulations applicable to such use. In the event the underlying lands on which exists a nonconforming structure is sold, assigned, or in any manner transferred from the record title holder of said lands, as such ownership is reflected in the records of the Clerk of Court and Property Appraiser for Okeechobee County, such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements of the district regulations applicable to the structure. Language to be added is underline Language to be deleted is streek-through Page 2 of 4 758 EXTENSION OF NONCONFORMING STRUCTURE 1 Extension of Nonconforming Structure 759 REPAIR OF NONCONFORMING STRUCTURE OR USE 1 Repair of Nonconforming Structure A nonconforming structure may be maintained, repaired or altered, without concern as to whether the existing nonconformity deals with lack of off street parking, or on site water retention, excessive floor area, height or landscaping, so long as such repair does not create a new nonconforming use in that district; does not create new or additional nonconformity as to property line set backs; height. or floor area, and would not create a significant impact as to drainage, or parking and loading requirements 2 Reconstruction After Catastrophe A nonconforming structure or-use but not nonconforming use. that is damaged or destroyed by any catastrophic means, may be repaired and restored to a safe, sanitary and usable condition, so long as the structure was not totally destroyed. and a development permit authorizing such repair and replacement is issued and construction commences within twelve months of such catastrophe 3 Reconstruction of Nonconforming Dwelling Notwithstanding the foregoing, a single family or two family nonconforming dwelling may be reconstructed or replaced within 2 years, so long as the reconstruction does not create new nonconformities, nor increase the extent of the existing nonconformities with respect to yards, floor area, coverage, height, parking or landscaping requirements. Except that in the case of a nonconforming mobile home, the replacement option is permitted only one time on each lot. In the case of a nonconforming mobile home. no replacement option shall be permitted, unless such replacement meets all current codes, land use zoning and district regulations. SECTION 2. CONFLICT A nonconforming structure shall -not may be enlarged. improved. or be brought up to current codes without concern as to whether the existing nonconformity deals with lack of off street parking, or on -site water retention, excessive floor area, height or landscaping, as may be otherwise required of a new structure in these regulations. so long as such development does not create a nonconforming use in that district; does not create a new nonconformity as to property line set- backs; and would not cause or create a significant impact as to drainage. or parking and loading requirements in-anr manner-as All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underline Language to be deleted is strueltillfough Page 3 of 4 INTRODUCED for first reading and set for final public hearing on this 4th of February, 2003, ATTEST; e I' 7��� Lane Gamiot-a, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 113 day of February, 2003. ::'ATTEST: SECTION 3. 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. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. Lane Gamiot a, City Clerk REVIEWED FOR LEG L SUFFICIENCY: John R. Cook, City Attorney Language to be added is underline Language to be deleted is struck through James E. Kirk, Mayor 2 James E. Kirk, Mayor Page 4 of 4 Date: January 28, 2003 Memorandum To: Land Planning Agency From: John R. Cook, Board Attorney Subject: LDR Amendment to Section 754, Change or Transfer of Nonconforming Use or Structure Please consider the following amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDR's), (new language is underlined, deleted language is 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 1. Change of Nonconforming Use or Structure A nonconforming use or structure may be changed to a conforming use or structure for the district in which it is located. Once changed to a conforming use or structure, no building, structure or land use shall be permitted to revert to a nonconforming use. 2. Transfer of Nonconforming Use or Structure In the event the underlying land on which exists a nonconforming use or sty uaurc within the city are is sold, assigned, or in any manner transferred from the record owiiC title holder of said lands, as such ownership is iccoidcd with reflected in the records of the Clerk of the Ciic -uit Court or Property Appraiser for Okeechobee County, such nonconforming use shall not be permitted to be likewise be transferred, and said the nonconforming use oi structurc thcrcou shall extinguish, and any such future use of said lands shall be in compliance with all current city codes, land use and zoning requirements, as set out in the district regulations applicable to such use. thcn be b rought iilt compliance with all In the event the underlying lands on which exists a nonconforming structure is sold, assigned or in any manner transferred from the record title holder of said lands, as such ownership is reflected in the records of the clerk of court and property appraiser for Okeechobee County, such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements of the district regulations applicable to the structure. Memorandum To: Land Planning Agency From: John R. Cook, Board Attorney Subject: LDR Amendment to Section 758, Extension of Nonconforming Structure Date: January 28, 2003 Please consider the following amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDR's), (new language is underlined, deleted language is sty tick through): 758 EXTENSION OF NONCONFORMING STRUCTURE 1 Extension of Nonconforming Structure A nonconforming structure shall not be enlarged, improved, or be brought up to current codes without concern as to whether the existing nonconformity deals with lack of off street parkin, or on -site water retention, excessive floor area, height or landscaping, as may be otherwise required of a new structure in these regulations, so long as such development does not create a nonconforming use in that district; does not create a new nonconformity as to property line set backs; and would not cause or create a significant impact as to drainage, or parking and loading requirements. To: From: Subject: Date: Memorandum Land Planning Agency John R. Cook, Board Attorney LDR Amendment to Section 759, Repair of Nonconforming Structure or Use January 28, 2003 Please consider the following amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDR's), (new language is underlined, deleted language is struck through): 759 REPAIR OF NONCONFORMING STRUCTURE OR USE Repair of Nonconforming Structure A nonconforming structure may be maintained, repaired or altered, without concern as to whether the existing nonconformity deals with lack of off street parking or on -site water retention, excessive floor area, height or landscaping, so long as such repair does not create a new nonconforming use in that district; does not create new or additional nonconformity as to property line set backs; and would not cause or create a significant impact as to drainage, or parking and loading requirements. 2 Reconstruction After Catastrophe A nonconforming structure but not nonconforming use, that is or-use damaged or dcstroycd by any catastrophic means may be repaired and restored to a safe, sanitary and usable condition, so long as the structure was not totally destroyed, and a development permit authorizing such repair and replacement is issued and construction commences within twelve months of such catastrophe. within 2 3 Reconstruction of Nonconforming Dwelling Notwithstanding the foregoing, a single family or two family nonconforming dwelling may be reconstructed or replaced within 2 years, so long as the reconstruction does not create new nonconformities, nor increase the extent of the existing nonconformities with respect to yards, floor area, coverage, height, parking or landscaping requirements. Except that in the case of a nonconforming mobile home, the replacement option is permitted only one time on each lot. In the case of a nonconforming mobile home, no replacement option shall be permitted, unless such replacement meets all current codes, land use zoning and district regulations. 4 Compliance Required Where Possible In reconstructing a nonconforming structure or use the owner shall comply to the extent reasonably possible with all provisions of the district Regulations applicable to the use. IV. NEW BUSINESS CONTINUED. B. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 390 Central Business Zoning District, more specifically Section 395, Additional Regulations. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 452 Modification of Parking and Loading Space Requirements. January 28, 2003 Land Planning Agency Page 3 of 7 ACTION ,DISCUSSION :VOTE Attorney Cook explained that in the Commercial Business District zoning there is a zero setback and due to this it is near impossible for any business to comply with the additional regulations. There was discussion regarding the purpose of the citizen boards if this amendment was granted. It was also discussed about the intentions of the citizen boards and was it not their responsibility to make something impossible become reasonably attained. Attorney Cook suggested that if the Agency feels this should be granted but is not comfortable with the wording they can recommend that to the City Council. There was no public comment. There was no further discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval but, allow for more definitive wording. Agency Member McCoy seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. Attorney Cook explained that the intent of the amendment was to add Public Facilities zoning district to the existing Commercial Business District. There was a brief discussion about if there were any concerns the City Council can order a parking study to be completed. It was stated that an applicant would still need to comply with other regulations within the zoning district There was no public comment. There was no further comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 452. Agency Member Hoover seconded the motion. January 28, 2003 Land Planning Agency Page 4 of 7 AGENDA IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's) continued. D. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 454 Reduction of Parking Space Requirements in Commercial Districts. E. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 474 Off Street Parking Space Regulations, subsection Institutional Uses. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. There was no public comment. The there was no comment from the Agency. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. There was no public comment. There was no discussion from the Agency. Attorney Cook explained that he has spoken with Mr. LaRue's office as well as the County's Planning Director and feels that this amendment will benefit everyone. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 454. Agency Member Keller seconded the motion. Mr. Donald Murray of LaRue Planning and Management Services explained that the courthouse should be added to the government offices because the uses are equal. He further explained the additional change from floor area to net floor area and feels this was in the best interest for the City. AGE IV. NEW BUSINESS CONTINUED. E. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's) continued. F. Consider amending Volume One of the Unified Land Development Code (Land Development Regulations LDR's). The proposed will amend Section 754 Change or Transfer of Nonconforming Use or Structure. ACTION DISCUSSION Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 474. Agency Member Hoover seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. Attorney Cook explained that in May of last year this was initially changed. The purpose then to change this section was to make certain that several nonconforming uses disappear. Prior to the change you could continue a nonconforming use and structure but not intensify it once the property was sold. With this wording it would allow for additions and revisions made to both residential and commercial uses and structures. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 754. Agency Member Keller seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. January 28, 2003 Land Planning Agency Page 5 of 7 A IV. NEW BUSINESS CONTINUED. G. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 758 Extension of Nonconforming Structure. H. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 759 Repair of Nonconforming Structure or Use. January 28, 2003 Land Planning Agency Page 6 of 7 ACTION DISCUSSIO Attorney Cook explained that the previous agenda ties into this section of the Land Development Regulations and to keep them consistent should be approved. There was no public comment. There was no comment from the. Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 758. Agency Member Hoover seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. Attorney Cook explained that this section also ties into the two previous items and would be best to keep the Land Development Regulations consistent with approval of this amendment. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 759. Agency Member Hoover seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED.