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0820 Fund Raising RegulationsORDINANCE NO. 820 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS; SECTION 680 THEREOF DEALING WITH TEMPORARY STRUCTURES; REQUIRING UNIFIED REGULATIONS FOR OTHER TEMPORARY STRUCTURES AND TEMPORARY OFF PREMISES SALES IN SECTIONS 681(4)(5) THEREOF; PROVIDING FOR ADDITIONAL USE OR FUNCTIONS FOR NON PROFIT FUND RAISING ACTIVITIES; PROVIDING FOR EFFECTIVE DATE. WHEREAS the land development regulations for the City of Okeechobee, Florida, provide for regulation and requirements for temporary structures and temporary off premises sales in section 681(4) and section 681(5), which sections are not uniform; and WHEREAS it is desirable for the City, to promote interests of uniformity for these sections, and to permit the use of a single application form and procedure for such applications by city staff within the city; and WHEREAS it has become necessary to provide for additional off premises activities in these sections to include fund raising type activities not traditionally found in off- premises sales activities; and THEREFORE, be it ordained and adopted by the City of Okeechobee, Florida, that the following amendments to Section 680, Land Development Regulations: THAT Section 681, (4) and (5) are amended to read: 681 TEMPORARY STRUCTURES BY TEMPORARY PERMIT The following temporary structures may be permitted upon the issuance of a temporary permit, subject where applicable to all requirements of the City Licenses and Business Regulations, which shall include in each instance proof of insurance coverage for the use permitted by the City in such amount as required by these regulations. 4 Other Temporary Structures Other temporary structures subject to the following regulations: a Christmas tree, fireworks and similar seasonal sales operated by a non profit organization. b Carnival, circus, fair or other special event operated by a non profit organization on or abutting their principal use. c Commercial carnival, circus or fair in commercial or industrial districts. d Similar temporary structures where the period of use will not exceed 30 days a year. Language to be added is underline Language to be deleted is struck F Highlighted area indicates revised language as Council requested Page 1 of 3 Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,000.00 per occurrence. f Remove all debris within 48 hours of expiration of permit. g Have notarized written permission of property owner, if applicant is not the property owner. 5 Temporary Off Premises Sales, Tent Sales, Outdoor Auctions, Fund- raising Events Temporary off premises sales, tent sales, 8f1Ci outdoor auctions and certain fundraising events may be permitted in commercial and industrial districts, subject to the following regulations; such applicant shall: a Have written permission of the property owner. b Not erect the structure for more than 15 days a year. c Meet all required setbacks and off street parking Regulations of the district in which the structure is located, and all required sign Regulations. d Remove all debris within 48 hours of expiration of the permit. e Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,000.00 per occurrence. f Events designed for purposes of fundraising by a religious, veterans, civic orcharitable organization, or school district, such as but not limited to car washes, candy or bake sales; artheifilwviiiietrtypicattritto not erect or use a temporary structure, shall not be subject to the requirements of sections fa-e) herein; however, the City reserves the right to inspect and or direct the manner of such event so as to protect pedestrian and motor vehicle flaw and traffic in the immediate vicinity. g All fundraising activities where it is contemplated that the participants would: be within a street right -of -way or intersection, to conduct a "boot drive" or similar activity where money is collected from passing motorists, shall not be permitted. SECTION 2. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Language to be added is underline Language to be deleted is struek- through Highlighted area indicates revised language as Council requested Page 2 of 3 ATTEST: SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4 of March, 2003. PASSED AND ADOPTED after Second and Final Public Hearing this 18 day of March, 2003. Lane Gamioteb, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: 7 John R. Cook, City Attorney Language to be added is underline Language to be deleted is stwek through Highlighted area indicates revised language as Council requested James E. Kirk, Mayor James E. Kirk, Mayor Page 3 of 3 IV. NEW BUSINESS CONTINUED. ENDA. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 03 -003 SSA continued. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 681 Temporary Structures specifically relating to Other Temporary Structures and Temporary Off Premises Sales, Tent Sales and Outdoor Auctions. ACTION DISCUSSIQN -VOTE Agency Member Ledferd moved to recommend to the City Council to grant approval for Application No. 03- 003 -SSA, to change the land use designation from Multi Family to Commercial located within the 200 Block of N. W. 7 Street; Agency Member Keller seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA McCoY YEA WALKER YEA MOTION CARRIED. r euruary L', LIMO Lana riammng Agency rage of 4 Attorney Cook explained that the intent of the amendment was to combine two different sections within the LDR's pertaining to Section 681 (4) and (5). He further explained -that the some of the temporary use applications require insurance that was not initially required. Also to be incorporated is fundrasing for non profit organizations. He explained that not all fundrasing requests include yard sales and bake sales. Attorney Cook noted that by amending this section it will limit the types of fundraising that can be done, for example collecting donations such as a boot drive in the main intersection. He added that the Sheriffs Office is currently working in connection with the City Police Department on a proposal to ban all activities in the main intersection for safety reasons. Attorney Cook indicated that he was not comfortable with the current wording, but feels it clearly states the intent of the changes. He will redo the wording prior to the City Council meeting. There was no public comment. There was no discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 681 (4) and (5). Agency Member Keller seconded the motion. ACTION DISCUSS IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's) continued. 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. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ATTEST: Carolyn Arnold, Secretary Jerry Walker, Chairperson VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA McCoY YEA WALKER YEA MOTION CARRIED. February 25, 2003 Land Planning Agency Page 4 of 4 There being no further items on the agenda. Chairman Walker adjourned the meeting at 7:15 p.m.