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1254 #22-001-TA, Home BusinessesORDINANCE NO. 1254 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 90- 633, HOME OCCUPATION WITHIN CHAPTER 90, LAND DEVELOPMENT REGUALATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted Florida Statute 559.955 preempting several areas of home business regulation; WHEREAS, the City Council of the City of Okeechobee, Florida, finds that it is in the best interest of the City's residents and businesses to amend Section 90-633 of the City of Okeechobee Code of Ordinances to bring the City Code into compliance with the legislative enactment; WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 22 -001 -TA, at a duly advertised Public Hearing held on May 19, 2022, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens; NOW, THEREFORE, be it ordained before the City Council of 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; that: SECTION 1: Recitals Adopted. Each of the above stated recitals is true and correct and incorporated herein by this reference: SECTION 2: Amendment and Adoption to Chapter 90. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 90 -Zoning as follows: Sec. 90-633. - Home occupation. A home occupation may be permitted administratively in a dwelling, subject to the following: (1) The employees of the home occupation who work at the dwelling must also reside in the dwelling, except that up to a total of two employees or independent contractors who do not reside at the dwelling may work at the home occupation. The home occupation may have additional remote employees that do not work at the dwelling. Only the resident whe is lieensed to de se shall be engaged in the hem_ (2) A home occupation shall be Glearl i inairien+al secondary to the residential use, and shall RGt GGGYP!' mere than 20 nereen+ of the total building floor area, nor mere than 300 square feet. i (3) As viewed from the street, the use of the dwelling is consistent with the uses of the residential areas that surround the property. External modifications made to the dwelling to accommodate the home occupation must conform to the residential character and architectural aesthetics of the neighborhood. The home occupation may not conduct retail transactions at a structure other than the dwelling; however, incidental business uses and activities may be conducted at the dwelling.There shall he ne (4) No equipment or process shall be used in the occupation which creates interference to neighboring property due to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors er I,--ale^+moi d'sti irhanse (5) Outdeer sStorage of materials or disposal at the dwelling of anv corrosive, combustible, or other Ordinance No. 1254, Page 1 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is stwsk EhreeQk+ hazardous or flammable used in the home occupation is prohibited, eveept for garden nrc)d ine (6) Vehicles and trailers used in connection with the home occupation must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the dwelling.^,�od� er seF ;mss shall ho Geld nn the nrepei4y. I 1� I W I - 01 SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: INCLUSION IN THE CODE. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 5: 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 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 7t" day of June 2022. ATTEST: 4 Lane Gamiotea; CMC, City Clerk < -,Dowling R. atford,�S., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 5t" day of JJ� 2022. Dowling atford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVI FO -SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1254, Page 2 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is a I )d INDEPENDENT NWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 06/22/22 (Print Dates) or by publication on the newspaper's website, if authorized, on 06/22/22. 06/23/22, 06/24/22, 06/25/22, 06/26/22, 06/27/22, 06/28/22. 06/29/22 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Muros Sworn to and subscribed before me by means of E] Physical Presence Q Online Notarization physical presence or online notarization, this 23rd day of June. 2022. JANET SUE MADRAY Pte, FAY COMMISSION # HH 129146 EXPIRES. May 12, 2025 'f W a ;?p° Bonded Thru NOtary Public Unde dters (Signature of Notary Public) STAMP OF NOTARY PUBLIC PLiao" Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CITY OF OKEECHOBEE PUBLIC NOTICE CONSIDERATION OFADOPTING A CITY ORDINANCE NOTICEISHOUBYGIVENthatt eOtyGandloftteGlyofUemhobee Will conduct a Publk Flmdng m Iuly 5, 2022, 6 PM, or as soon t�erm(hr posible, at Hall 55 SE 3rd Aye, Ol�sfnlrP, Fn m mn9da firs reading foradopton oftie t' bmrg Crdrarne 41D law (N0.1254): AN ORDINANCE OF T QTY OF OIO:EEOtOBff, FLORIDA: AMENDING SECTION 9x633, HONff OCCUPATION 1AIIT}iBtl CHAPTER 90, LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILM; PROVIDING FOR AN EFFECTIVE DATE Pebfon No. 22-001-T& amatdmetttrs indulle but are not limited to: reauidnq datethe bane ooa.ryefat mu400nfam Cafe retidatfal drerar�rard ardti- h�nral ae9tt dubs regFtMrttood; reteil earmctors at a strrcwre qua flan the dwelling are nct alb, ; remae tie e>astng wording t:at gmdy S8VUs dhall not be sold m ft propaty, eland fe I'uC d type of inRrfa- a>as to rgghborirg propety; sl,a a dq�osal of ha ,d t flammable comb atble, on 0o ome male els are prdvb �; velida and tra es in the oorrtaiiort wth die have oowpaton mu4 be parlged in legal spas riot within the rght4 -vW, on/aver a sidewalk, as Diimprmed stzboes at fie dwelling, rents e,Wng wording fat irdnndual instnxion in art, mucic, a eduction may be gieei to are person at a foe; rernme the edsfng list of prohbited home omgafom The Public is invited to alfeld the Public Hearing and be heard on all rrlalfPlS The proposal adinanoe mn be u in its entirety at fa address aboe during regular butirtas boos, Monfii, 8 AM4:30 PM, eaept fixhdidays, cr on the w� htps://www.avddeatcbeacmVpdr- fo✓Ittrrd. BE ADVISED fat shonld you inted to sham anydocumart, lure, video, cr term m the Council in srpport or oppa3fon to arty item on fe agada, a fixgpyofthe dmnterk, pidr+e, video, or Them must be pro ided to the OlyClerk the Otys roads ANY PERSON DECIDING TO APPEAL any dedsion made W fte Counal v�lh resaat ton mattes ankle e1 at this meebrrgg win nest to erase a vedafm mord offs proceslirg is made and the renrd includes the te4ffaV and evidence upon whidt fa appeal will be based. In aomdaroe wth the A4nelors with Dwbiliibes Pd, pasons with debiltes needing aammodabonWparfdpatenf►sproosedingshquldoortad tlheety sOfice in pawn or call 863-763-9815, Ha3nnNrg Impaired: Flonda Play 7-1-1 ro lalerfan far bus nes days lonorm procaeong. 8y: City Oerk taneGamiatEa, OAC 595012 WN 022/2022 � 6 416 0 w <, o5c/ ORDINANCE NO. 1254 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 90- 633, HOME OCCUPATION WITHIN CHAPTER 90, LAND DEVELOPMENT REGUALATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted Florida Statute 559.955 preempting several areas of home business regulation; WHEREAS, the City Council of the City of Okeechobee, Florida, finds that it is in the best interest of the City's residents and businesses to amend Section 90-633 of the City of Okeechobee Code of Ordinances to bring the City Code into compliance with the legislative enactment; WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 22 -001 -TA, at a duly advertised Public Hearing held on May 19, 2022, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens; NOW, THEREFORE, be it ordained before the City Council of 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; that: SECTION 1: Recitals Adopted. Each of the above stated recitals is true and correct and incorporated herein by this reference: SECTION 2: Amendment and Adoption to Chapter 90. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 90 -Zoning as follows: Sec. 90-633. - Home occupation. A home occupation may be permitted administratively in a dwelling, subject to the following: (1) The employees of the home occupation who work at the dwelling must also reside in the dwelling, except that up to a total of two employees or independent contractors who do not reside at the dwelling may work at the home occupation. The home occupation may have additional remote employees that do not work at the dwelling, nnh, fho resident who is lironsed to An en shall be eRgaged in the hGMe (2) A home occupation shall be GleaFly secondary to the residential use, and shall R9t OGGIJP�' mere than • perGeRt of the total building fleer aFea, nor more than 300 square feet. (3) As viewed from the street, the use of the dwelling is consistent with the uses of the residential areas that surround the property. External modifications made to the dwelling to accommodate the home occupation must conform to the residential character and architectural aesthetics of the neighborhood. The home occupation may not conduct retail transactions at a structure other than the dwelling; however, incidental business uses and activities may be conducted at the dwelling. T"eF&-,4aVpo-„o alteration in the residential GharaGter, or visible ev1denGe of the GeRdUGt ef SuGh . (4) No equipment or process shall be used in the occupation which creates interference to neighboring property due to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors ote'�tr;eal d+stu rbanc-e. (5) Outdoor sStorage of materials or disposal at the dwelling of any corrosive, combustible, or other Ordinance No. 1254, Page 1 of 2 f applicable, language to be added is underlined. f applicable, language to be deleted is str�slF�!}reugh hazardous or flammable used in the home occupation is prohibited, eXGept f„r garden pmdYGe (6) Vehicles and trailers used in connection with the home occupation must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the dwelling.Nln gars nnsenv+ces-shall be sell on the property. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: INCLUSION IN THE CODE. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 5: 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 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of June 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of July 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1254, Page 2 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is slrusk t#reagh .. .. . .. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: INCLUSION IN THE CODE. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 5: 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 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of June 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of July 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1254, Page 2 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is slrusk t#reagh \y.OF-0;( .Cy6 °m CITY OF OKEECHOBEE, FLORIDA o PLANNING BOARD MEETING 5. a MAY 1% 2022 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, May 19, 2022, at 6:34 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Karyne Brass, Mac Jonassaint and Alternate Board Members Jim Shaw and David McAuley were present. Board Members Phil Baughman and Rick Chartier were absent with consent. Chairperson Hoover moved Alternate Board Members Shaw and McAuley to voting position. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Member Brass, seconded by Member Jonassaint to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Member Brass, seconded by Member Jonassaint to dispense with the reading and approve the March 17, 2022, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:36 P.M. A. Land Development Regulations (LDR) Text Amendment Petition No. 22 -001 -TA proposes to amend the regulations for Home Occupations, provided in Section 90-633 within Chapter 90 of the Code of Ordinances. 1. City Attorney Gloria Velazquez reviewed proposed Ordinance No. 1254. 2. There were no public comments offered. 3. There were no Ex -Parte disclosures offered. 4. Motion by Member Jonassaint, seconded by Member McCoy to recommend the City Council approve LDR Text Amendment Petition No. 22 -001 -TA as presented in [Exhibit 1.] Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for June 7, 2022, and July 5,2022. CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 6:42 P.M. VI. CITY ADMINISTRATOR UPDATE Gary reminded Board Members about the Joint Workshop with the City Council on May 24, 2022, at 6 P.M. VII. Chairperson Hoover adjourned the meeting at 6:43 P.M. Submitted by: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. DRAFT May 19, 2022, Planning Board Meeting Page 1 of 1 City of Okeechobee Date: Petition No. -001_`A General Services Department Fee Paid: N Jurisdiction:C 55 S.E. 3`d Avenue, Room 101 15 Hearing: _(C,_ 2" Hearing: (-01-1 � �(5 a Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: p),, 5 - 4 {" 11 CU -A" q - ' Notices Mailed: MIA Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: I of o eCV0 e__-.' 2 Mailing address: F5, SE 3ret A-Ve_- 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? Yes No If yes, provide address(es) 5 Do you own nonresidential property withl City? (� Yes (_) No If yes, provide address(es) 6 REQUEST INFORMATION Request is for: (_>0 Text change to an existing section of the LDRs (_j Addition of a permitted use Deletion of a permitted use 7 (_j Addition of a special exception use (_) Deletion of a special exception use (_) Addition of an accessory use Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and additions in underline format. (This description may be provided on separate sheets if necessary.) ,��l Kach ro p osed 0 e a,- P 8 LDR Amendment Application Page I ofl� Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) LC d r REQUIRED ATTACHM Non-refundable application fee of $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - 10 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Si mature Print d N Date Cdi cep For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 LDR Amendment Application Page 2 of 3' REVISED AS OF 5/6/202212:00 P.M. FOR 5/19/2022 MEETING PROPOSED LDR AMENDMENT NO. 22 -001 -TA (ORDINANCE NO. 1254) AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 90- 633, HOME OCCUPATION WITHIN CHAPTER 90, LAND DEVELOPMENT REGUALATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted Florida Statute 559.955 preempting several areas of home business regulation; WHEREAS, the City Council of the City of Okeechobee, Florida, finds that it is in the best interest of the City's residents and businesses to amend Section 90-633 of the City of Okeechobee Code of Ordinances to bring the City Code into compliance with the legislative enactment; WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 22 -001 -TA, at a duly advertised Public Hearing held on May 19, 2022, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens; NOW, THEREFORE, be it ordained before the City Council of 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; that: SECTION 1: Recitals Adopted. Each of the above stated recitals is true and correct and incorporated herein by this reference: SECTION 2: Amendment and Adoption to Chapter 90. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 90 -Zoning as follows: Sec. 90-633. - Home occupation. A home occupation may be permitted administratively in a dwelling, subject to the following: (1) The employees of the home occupation who work at the dwelling must also reside in the dwelling, except that up to a total of two employees or independent contractors who do not reside at the dwelling may work at the home occupation. The home occupation may have additional remote employees that do not work at the dwelling. ecGupatien. (2) A home occupation shall be Gleady secondar to the residential use, and shall not OGGUpy more than • perGent of the total building floor area, nor moFe than 300 square fee -t. (3) As viewed from the street the use of the dwelling is consistent with the uses of the residential areas that surround the property. External modifications made to the dwelling to accommodate the home occupation must conform to the residential character and architectural aesthetics of the neighborhood. The home occupation may not conduct retail transactions at a structure other than the dwelling; however, incidental business uses and activities may be conducted at the dwellinq.T eFe oha be r49 alteration in the Fesmdent4al G-haraGter, or visible evidenGe of the cE)ndUGt of suGh occupation. (4) No equipment or process shall be used in the occupation which creates interference to neighboring property due to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors ori, e!eGtFhGal d'stu rbaRGe. REVISED AS OF 5/6/2022, 2:00 P.M. Ordinance No. 1254, Page 1 of 2 Ifapplicable, language to be added is underlined. If applicable, language to be deleted isgh (5) OutdeeF sStorage of materials or disposal at the dwelling of any corrosive, combustible, or other hazardous or flammable used in the home occupation is prohibited, except for garden nred Ge (6) Vehicles and trailers used in connection with the home occupation must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the dwelling.Pfe-geeds�erviGes shall be sold on the property. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: INCLUSION IN THE CODE. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 5: 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 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage, INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of June 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of IUI 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney REVISED AS OF 5/6/2022, 2:00 P.M. Ordinance No. 1254, Page 2 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is'� ^ g Patty Burnette From: Patty Burnette Sent: Wednesday, May 25, 2022 10:38 AM To: City Attorney; gvelazquez@nasonyeager.com Cc: Keli Trimnal Subject: Draft Minutes from the 5/19/22 Planning Board Meeting Attachments: 2022-05-19 PB Minutes-DRAFT.pdf Attached is a copy for your records. Path N. Burnette Cj, eneraCServices Coordinator City of Okeechobee 55 SE 3rd Avenue Okeechobee, ''.L 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 'Fax: (863) 763-1686 e-mail: aburnette@citilofokeechobee.co-ni website: www.ciMofokeechobee.coin Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. NWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 05/04/22. 05/11/22 (Print Dates) or by publication on the newspaper's website, if authorized, on 05/04/22. 05/05/22, 05/06/22, 05/07/22, 05/08/22, 05/09/22, 05/10/22. 05/11/22 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Muros Sworn to and subscribed before me by means of Physical Presence [X Online Notarization Physical Presence or online notarization, this 20th day of May. 2022. JANET SUE MADRAY t jy COMMISSION # HH 129146 EXPIRES: May `12,2025 Bonded Thru Notary Public Underarltets (Signature of Notary Public) STAMP OF NOTARY PUBLIC #X-00 Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CRY OF OKEECHOBEE PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE 15 HEREBY GIVM theta PUBLIC HEARING uw11 be held bdae the Cly d Okee lee PlainnnPPggMMB,oard (PB), meeting as the tool Plamrg Hall, 55 SE aid AVIF Roam 2W6q�dmiobee, R, to mrigder and iry�ut on amendnngg the Code of Ordiran es, Stibpart B, Land Developrtie't Regu- tatiars (LDRS). Rtition #22-0017A, pprroapp�s fn amad the regulations for Horre 00vpa- tions, provided In Sec.Gon90633 dthe CodedOrdnanres.The amendmeils induce but are nct Gm'fed m: requiring who Rork at the finding rrhu4 also rc-tident in the dwdGrg, aeept ip to dw emplo,ees or inde- padertawta�rs who do not nada at tta d,dlmg rtay work at tlhe home ooaipation; home o¢upation shall be secor dory 67 the esda tial um; delHe edsbrg wording tlat provkJs for a per0erh�ge orihe �I budding Odor area; e dei& of the rrsdaxe is be oxsstent wth surrounding r Intal areas, modA'mbons node to tlhe dwelling m aooxrmodahe the home 0aapation nest m ft.. m the residr�l dharacl r and ardhi2Nral aestt retia of the intabyneighboring rissfftrWotwe to neig borirg popey:===I erd dd'®� rialsre piuhbiled;vehicles and balers ti=.10 *.A -.= home occupation nxst be parked in legal spa0sriot wr hinthe rightof�ey on/aera sidewalk onarry uumpro ed surfaosatthedwdlirg; Ter e>atig ung thatindiddtelInstructionhart,mrsc,oreducM.maybeg, toorepeson at a time; mno,edhe aastirg Gstcf prahibihsl home 001pa§o Thep�maybevieva doAnbadedfromhaps://www. athaddrss aboe durng ra3ular nesshoa Md8icMW114,or eptforholidays. The PB will drera remrnT ab 1ntheOlyOoudlfarooeationTEN- TATDALY sdheduled for 6 PM on June 7, 2022 (first reading) and July 5, 2022 (final adoption). BE ADVISED that shone you intend ha show any doajZaMg ,na video, or mina to the PB in =or opposition m any theagexla,aDopy0f the davnat,pirhae,video, m iUrr r be to the Board Semtary for the Gtys rerords. ANY PER90N DECIDING TO APPEAL any dai�on node a' the PB wish respect ha any matter mrsdeiad at anis m, ti will rhead to errsrre a vebatim reoad cf the pra>°eding 's rtade and the record includes the hsorrn V and eridahoe Wan which the appeal will be based. In accordance widh tlhe Ammons wdh abilbes Act, Pasms with disablbes needing special accommodation to participate in t prme�irg shodd contact the General Services Office it person or call 863-763-9824, Hearinrgg Impaired: Faida Relay 7-1-1 m krthan far bLsness days prior to prma97ng. By. Ben Smitlh, City Planning Const wk #22 -001 -TA 536380 LON 5/4,11/2022 L y.OF'OI(FfC'Y PUBLIC MEETING NOTICE 1111"00IFY 's a PLANNING BOARS NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board (PB) meeting as the Local Planning Agency, will conduct a meeting on May 19, 2022, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting, or prior to the meeting and may be viewed and/or downloaded from https://www.cityofokeechobee .com/AgendaMinutes-Planning Board.html. The following Application(s)/Petition(s) will be considered at a Public Hearing during this meeting, which can be viewed/downloaded in its entirety at https://www.cityofokeechobee.com/public-notice.htmI or inspected in the General Services Office at the address above, during normal business hours, Monday -Friday, 8:00 AM -4:30 PM, excluding holidays: • No. 22 -001 -TA, to consider and receive input on amending the regulations for Home Occupations, provided in Section 90-633 of the Land Development Regulations within the Code of Ordinances. The amendments include but are not limited to: requiring employees who work at the dwelling must also resident in the dwelling, except that up to two employees or independent contractors who do not reside at the dwelling may work at the home occupation; home occupation shall be secondary to the residential use; delete existing wording that provides for a percentage of the total building floor area; exterior of the residence is be consistent with surrounding residential areas, modifications made to the dwelling to accommodate the home occupation must conform to the residential character and architectural aesthetics of the neighborhood; retail transactions at a structure other than the dwelling are not allowed; remove the existing wording that goods/services shall not be sold on the property; expand the list of types of interferences to neighboring property; storage or disposal of hazardous, flammable, combustible, or corrosive materials are prohibited; vehicles and trailers used in the connection with the home occupation must be parked in legal spaces not within the right-of-way, on/over a sidewalk, or any unimproved surfaces at the dwelling; remove existing wording that individual instruction in art, music, or education may be given to one person at a time; remove the existing list of prohibited home occupations. The recommendation to approve or deny this Petition will be forwarded to the City Council TENTATIVELY scheduled for 6 PM on June 7, 2022 (first reading) and July 5, 2022 (final adoption). BE ADVISED that should you intend to show any document, picture, video, or items to the PB in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the PB with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Dawn Hoover, Board Chairperson BB/Website Notice Posted 5/3/22, FB Posted 5/12/22 -MC Keli Trimnal From: Keli Trimnal Sent: Friday, May 13, 2022 8:53 AM Cc: Keli Trimnal; Patty Burnette Subject: 05/19/2022 Planning Board & Board of Adjustment Meeting Attachments: 2022.05.19 PB Agenda.pdf, 2022.05.19 BOA Agenda.pdf Good morning Board Members, Attached is the May 19, 2022, Planning Board and Board of Adjustment Meeting Agenda. The exhibits and all related information for these meetings will be posted on the City's website by the end of the day, today. Website: https://www.citvofokeechobee.comiagendas.htmI Once on this page, choose Planning Board and then scroll down until you locate the 05/19/2022 date. Please confirm if you will be attending. Should you have any questions about items on the agenda, please let me know. lCeCt TrimnaC City of Okeechobee, generaCServices Administrative Secretary SS SF 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9824 Direct: (863) 763-9824 Fax: (863) 763-1686 e-maiC- Ctr,imii.aC@cittijofoleecrio6ee.collI website:v*ti�,,1A�.ci.t_ilo�OEzccc(obee.coni. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law Most written communications to or from local officials regarding city business are public records available to Patty Burnette From: Keli Trimnal Sent: Friday, May 13, 2022 10:08 AM To: City Attorney Cc: Keli Trimnal; Patty Burnette; Gloria M. Velazquez Subject: May 19, 2022 Planning Board and Board of Adjustment Meetings Attachments: 2022.05.19 BOA Agenda.pdf, 2022.05.19 PB Agenda.pdf Good Morning, Attached you will find the Agendas for the Planning Board and Board of Adjustment meetings being held on Thursday May 19, 2022, 6 PM. Thank you, Keli 7CeCi TrimnaC City of Okeechobee, C3eneraCServices Administrative Secretary ss SE 3.d Avenue Okeechobee, TL 34974 Phone: (863) 763-3372 ext. 9824 Direct: (863) 763-9824 Tax: (863) 763-1686 e -maid ktrintiiiaC@cittilofokeec(obee.cont -website: www.cittiofokeec(obee.com g,p•crTh4,� `�� a .., t� r, a 1 � Y Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Patty Burnette From: Keli Trimnal Sent: Friday, May 13, 2022 10:11 AM To: Ben Smith Cc: Keli Trimnal; Patty Burnette Subject: May 19, 2022 Planning Board and Board of Adjustment Meetings Attachments: 2022.05.19 BOA Agenda.pdf, 2022.05.19 PB Agenda.pdf Good Morning Ben, Attached you will find the Agendas for the Planning Board and Board of Adjustment meetings being held on Thursday May 19, 2022, 6 PM. Thank you, Keli gceCi TrimnaC City of Okeechobee, GeneraCServices Administrative Secretary 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9824 Direct: (863) 763-9824 Fax: (863) 763-1686 e -maid ktri:miiaC@citltofokeec6o6ee.com website: www.cit11ofokeec6o6ee.com K513nk� 4� F a x 1 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.