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0885 Non-Conforming Uses - Res.• ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, CODE OF ORDINANCES, PARTICULARLY CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMENT OF NON- CONFORMING LOT, AS SET OUT IN SECTION 90 -35 THEREOF; AMENDING SAID SECTION TO PERMIT CERTAIN NON - CONFORMING USES WITHIN RESIDENTIAL ZONING CATEGORIES, PROVIDING FOR CONFLICTS, REPEALING ALL SECTIONS INCONSISTENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has historically contained certain land use and zoning categories whose uses are not consistent with enacted land development regulations; and WHEREAS, the business /commercial district is characterized by non - conforming uses that the City has endeavored to correct through enactment of regulations to requirement conformance with codes upon sale or transfer of the real property; and has included residential categories within the same regulation; and WHEREAS, the intent of the original ordinances is to gradually obtain conforming uses within all zoning districts, but the areas of greatest concern are commercial and industrial areas, as inconsistencies in residential categories does not pose the same level of aesthetic harm to the City as a whole; and WHEREAS, the City Council and Staff are concerned that requiring all residentially zoned areas to immediately come into compliance with land use and zoning codes upon sale or transfer places an undue burden on home owners, and restricts the ability for prospective homeowners to obtain financing in an area of non - conforming use, and can be addressed adequately by other or additional land use regulations; NOW, THEREFORE, IT IS ORDAINED before the City Council forthe City of Okeechobee, Florida; presented at a duly advertised public meeting, deliberation and public discussion, and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief president Officer for the City; approves and adopts the following amendments to Chapter 90, of the Land Development Regulations: SECTION 1. THAT ARTICLE II NONCONFORMITIES, Land Development Regulations, shall be amended in the following respects: Sec. 90 -35. Change or transfer of nonconforming uses or structure. (a) Change. A nonconforming use or structure may be changed to a conforming uses or structure forthe 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. (b) Transfer of nonconforming commercial use er-strueture. In the event Language to be added is underlined Language to be deleted is struck through Page 1 of 3 the underlying lands on which exists a nonconforming use in a commercial, commercial business district, commercial professional office, or industrial zoning category within the City 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 or Property Appraiser for Okeechobee County, such nonconforming use shall cease, and not be permitted to likewise be transferred, and the nonconforming use shall extinguish_ d--a- ny such future use of said lands subsequent to transfer shall be in compliance with all current City Codes, and land use and- zoning regulations ut applicable to such zoning or land use designation. Excluded from this prohibition is the transfer of ownership of said lands to a corporation, professional association or limited liability company recognized under Florida law whose majority stockholder is the same person as the previous record owner. Transfer of a nonconforming residential use. In the event the underlying lands on which exists a nonconforming use in a residentially zoned category within the city 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 or Property Appraiser for Okeechobee County, such nonconforming use structure may continue thereafter in such use, so long as such use is residential in nature. However, such nonconforming residential use shall not thereafter be expanded, enlarged or increase in intensity of use, so long as the use remains non - conforming under City Codes. Additionally, such non - conforming residential use shall not be permitted to continue if the structure does not conform to fire safety code: health codes: standard building codes: or fails to comply with Florida Statutes Chapter 381 regarding migrant housing. Transfer of a nonconforming structure. In the event the underlying land on which exists a nonconforming structure is sold, assigned The transfer , or in any manner transferred from the record title holder of said lands, as such ownership if 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 reasonable 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. 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 ordinances is declared by any court of competent jurisdiction to be void, unconstitutional, unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Language to be added is underlined Language to be deleted is stwelt- through Page 2 of 3 • SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 1st day of March, 2005. ATTEST: Lane Gamiote. CMC City Clerk James E. Kirk Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 15th day of March, 2005. ATTEST:, •/'. the.. tirki_ La e Gamic) :: , CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney James E. Kirk Mayor Language to be added is underlined Language to be deleted is struck - through Page 3 of 3 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 239 - 334 -3366 • FAX: 239 -334 -6384 e -mail: larue - planning @att.net j co Memo To: John Cook, City Attorney From: James G LaRue, AICP Date: February 22, 2005 Subject: Nonconforming Uses We have been experiencing difficulty with existing residential dwelling units that have existed for significant periods of time in a nonconforming state. Our difficulty arises when the property is sold with an existing nonconforming structure and the new owner is not able to conform the existing use with the future land use. As such, it would seem appropriate to revise the nonconforming ordinance to exclude residential areas. I think this would alleviate the problems we are encountering as far as the selling and uses of residential property. JGL:lk The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 490-ti in the matter of I%l 4 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. . Swomo aylq subscr ed before me this j day of A.D. 20 Not.ry Public, State of Florida at .rge i CITY LAND PLANNING AGENCY MEETING NOTICE NOTICE The City Land Planning Agency for the City of 0kechobe, will meet on Tuesday February 22, 2005 at 7 :15 p.m. or as soon thereat ter as possible. The meeting will be held at City Hal, 55 Southeast 3m. Avenue, in the Council Chambers, Room 200, Okeechobee Fktdda items to be considered at this public meeting are: _ • Conduct a PUBLIC HEARING to consider Comprehensive Plan Said I Scale Future Lane Use Map Amendment Application No. 05-00145A submitted by D. Robert Willson (applicant) on behalf of the property own- er CR Future LanInvestments designation from Ingle FFaamily (SF) to Multi-Family pa) for vacant property located at the comer of Northwest 3rd Avenue and 12 Street. Legal description being Lots 14, 15 and 16 of Block 19, City of Okeechobee, County, Florida and is approximately 0.52 acre. The pro- posed use of the property is for a multi-family duplex _ ' • Conduct a PUBLIC HEARING to consider a Comprehensive Plan Smal Scale Future Land Use Map Amendment Application No. 05. 002 -SSA submitted by David and Anita Nunez. The application Is to change the Fu- ture Land Use designation from, Single Family (SF) to Commercial (C) for vacant property located at the comer of Northeast 7th Street and 3rd Ave- nue. Legal description beingg Lots 1 and 2 of Block 78, City of Okeecho- bee, Plat Book 5, Page 5,'PUblic Records, Okeechobee, County, Florida ' ' and is approximately 0.321 acre, The proposed use of the property is for a church office. • The LPA will also consider any proposed amendments to the Land De- velopment Regulations (LOR's). A copy of the entire application(s) and agenda are available in the General Services 2 extension 218. Please belladdvisged calling this Katrina � as a meCouncil considered �wurecomndation to the City or fn BLC HEARING on Tues- day, March 1, 2005. HEARD AT ALL INTERESTED PARTIES SHALL HAVE THE OPPORTUNITY TO BE decision by the Board of Ad'ustrr,Nents My person ttoiding to appeal any consid- ered at this hearing will need to ensure that a v�atim y matter pm- ceedings is made and the record includes the testimony n of the pro - upon which the appeal will be based. General Services Dept apes In accordance with Bee Americans with Disabilities Act (ADA) and onda j Statute 286.26, persons with disabilities needing special accommoda- tion to participate in this proceeding should contact Katrina C)ook no later at x218 orassistance;gifdheannng�s impaired dtt�ephone the Rodda clay Service Number 1- 800 - 955 -8771 (TDD) or 1- 800 - 955 -8770 (VOICE) Relay assistance. BY: Bill L. Veach, Zoning Administrator 550716 ON 2/4,14/05 ' rmen R. Brown Commission #DD272118 Expires: Jan 17, 2008 of c' Bonded Thru Atlantic Bonding Co., Inc. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of r / 3 /W a5 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City or Okeechobee, Florida will onTuesday, March 15; 2005 at 6:00 p.m. or as soon thereat- ' ter possible, 'at City Hall,'55 SE 3rd Ave ; Okeechobee. FL, conduct a PUBLIC HEARING on and thereafter to consider final reading of the fol- lowing Ordinance into law:; NO. 885: AN :ORDINANCE OF THE CITY OF OKEECHOBEE,,, FLORIDA, AMENDING ORDINANCE,NO: 716, CODE OF ORDINANCES,: PARTICULARLY CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMEIT OF NON = CONFORMING LOT AS SET OUT IN SECTION 90-35 THEREOF; AMENDING, SAID SECTION TO PERMIT CERTAIN RESIDENTIAL ZONING CATEGO- RIES, PROVIDING FOR CONFLICTS, REPEALING ALL SECTIONS IN- CONSISTENT HEREWITH;', PROVIDING FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its, entirety by members of the public iktile Office of the City Clerk during regular busi- ness hours, Mon -Fn, 8 - 4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council wlth respect to any matter considered at,this hearing, 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 madpee, based: which record includes the testimony ford the sole upon which the of backuppfor official records of the Clerk. tapes are In accordance with the Americans with Disabi'ity:Act (ADA) and Flon- da Statutes 286.26, persons wit disabilities needing special accommo- dation to participate In this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the pmceeding at 863- 763 -3372 x215; if hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1- 888-447 -5620 (TTY), Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. swo o lid before me this 'T d subset' ,day of I �� A.D. 20 Q Lane Gamiotea, CMC, CITY CLERK 558246 ON 3/4/05 Nota y Public, State of Florida at Large rrnen R. Brown ,0. Commission #DD272118 *:. ' Ex ires: Jan 17, 2008 p Bonded Thru " " "' Atlantic Bonding Co., Inc.