0976 Special Exceptions - Industrial
ORDINANCE NO. 976
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AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING SECTION
90-343 OF THE LAND DEVELOPMENT REGULATIONS; CREATING PARAGRAPH
ELEVEN THEREIN PROVIDING FOR SPECIAL EXCEPTION USES IN INDUSTRIAL
ZONING CATEGORIES FOR A REHABILITATION FACILITY, OR HALF-WAY HOUSE
FOR SEXUAL OFFENDERS; PROVIDING FOR STANDARDS AND RESTRICTIONS TO
ESTABLISH SUCH FACILITIES; PROVIDING FOR CONFLICTS, SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee adopted Ordinance No. 967 which created certain standards
and restrictions for sexual offenders residing within the City of Okeechobee, and
WHEREAS, such ordinance provides for certain exceptions to residential restrictions for
Rehabilitation Facilities or Half-Way Homes for Sexual Offenders under the Heavy
Commercial or Industrial Zoning categories; and
WHEREAS, the City of Okeechobee had no such exceptions in any zoning category in the City,
and the creation of such exceptions requires amendment to special exception uses in the
City Land Development Regulations; and
WHEREAS, it is in the best interests of the City of Okeechobee to place restrictions on the
placement, design, distance, number of occupants, and other pertinent standards for any
such Rehabilitation Facility.
NOW, THEREFORE, it is resolved before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City:
SECTION 1. THAT Ordinance No. 967 previously adopted is amended to reflect the adoption of
a Special Exception for Rehabilitation Facilities or Half-Way Homes for treatment
of Sexual Offenders, to be included in the Land Development Regulations at
Section 90-343(11), as follows:
Section 90-343 Special Exception Uses.
.u.:u Rehabilitation or Half-Way Homes.
!ill That as orovided in Ordinance No. 967. and included in Section 38-43.
Rehabilitation Facilities or Half-Way Homes for treatment and rehabilitation
of Sexual Offenders shall be a Soecial Exception use in Industrial Zoning
Categories. subiect to the following restrictions.
iQl That any such facility shall be subiect to all State Laws pertinent to such
facilities under the Laws of Florida.
(Q} That such facility shall at no time house in excess of six (6) Sexual
Offenders. excluding emoloyees and staff of the facility.
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@ That such facility shall be licensed by the State of Florida and be staffed by
orofessional and licensed mental health care providers. and orovide an
organized course of treatment and rehabilitation recognized bv the State of
Florida dn the standard of care recognized by the orofessions of osychology
or psychiatry.
Language underlined is to be added.
Language !trickel"l is to be deleted.
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That such facility shall not be located within 1000 feet of school. public or
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private: a child care facility. church. oublic park, adult entertainment facility
or a Zoning District of RSF-1: RSF-2: RMF.
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That Sexual Offender is defined as any oerson convicted under the laws of
the State of Florida or similar statutes of any other state. country or orovince.
for an offense recoanized as a sexual offense. regardless of degree of
offense or whether adiudication of guilt was withheld by the court.
SECTION 2. That this Ordinance shall become effective upon adoption.
INTRODUCED for first reading and set for final public hearing this 6 th day of February, 2007.
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James E. Kirk, Mayor
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PASSED and ADOPTED on second and final public hearing this 20th day of February, 2007.
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JameS' E. Kirk, Mayor
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REVIEWED FOR LEGAL SUFFICIENCY:
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John R. Cook, City Attorney
Language underlined is to be added.
Language ~tri{;kel"l is to be deleted.
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