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
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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.
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•
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
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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.