2022-07-05 Ex 02Exhibit 2
7/5/2022
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. Only the resident i.yhn ,g linp sed + do so shall be engaged ;n the home
(2) A home occupation shall be clearly incidental secondary to the residential use, and shah net-essupy
more than 20 peF(Gent of the total building fleer area, nor more than 300 square fee .
(3) As viewed from the street, the use of the dwelling is consistent with the uses of the residential areas
that surround the propertV. 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 ere hat a
alteration On the residential GharaGter, or visible evidenc;e of the lsondulat Of SuGh C)GGypa
(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 or electrical
disturbance.
(5) Outdeer—sStorage of materials or disposal at the dwelling of any 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 s. ... reugh
hazardous or flammable used in the home occupation is prohibited, eXGept fbF garden produGe.
(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.
.No goods or sewiGes shall be sold on the property.
(7) individual inStFUGti0n in art, MUSiG OF edUGation may be given to one person at a time.
similar activity; photogFaph'G studio; outdoor repair; retail sales; and a nur-seFy GG111901.
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 71h 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 51h 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 undedined.
If applicable, language to be deleted is skaokihrough
W S,.OF•OHEF ym
z CITY OF OKEECHOBEE, FLORIDA
PLANNING BOARD MEETING
MAY 191 2022
SUMMARY OF BOARD ACTION
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: Peti" N61.
J � - o. c.r,
General Services Department Fee Paid: N/ 1 Juri! Jon: r,
It
55 S.E. 3rdAvenue, Room 101
1s Hearin0
r 2" Hearin CL - ' .
Okeechobee, Florida 39974-2903 g' � �" g 5
Phone: (863) 763-3372, ext. 218 Publication Dates: P ; 5 - y e I I
Fax: (863) 763-1686 Notices Mailed:
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant:I
2
Mailing address: g' 'S ^ 3 r(l A-VL--
3
E-mail address:
4
Daytime phone(s):
Do you own residential property within the City? Yes No
If yes, pro�address(es)
Do you own nonresidential property withirt-the City? (_j Yes (� No
If yes, provide address(es)
6�°,',4
REQUEST INFORMATION
Request is for: Text change to an existing section of the LDRs
(_) Addition of a permitted use C) Deletion of a permitted use
7
_
Addition of a special exception use (__j Deletion of a special exception use
(� Addition of an accessory use C__) 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.)
8
n
LDR Amendment Application Page L of1K
Provide a detailed listing of U ► to be added or deleted and the zoniai 'istrict(s) and section(s) to
be changed. (This description i ; De provided on separate sheets if neces:
REQUIRED ATTACHMENTS
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.
Sinature ! Pr � tN �� I Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 0�
REVISED AS OF 516/2022, 2:00 P.M. FOR 5/19/2022 MEETING
PROPOSED LDR AMENDMENT NO. 22-001-TA (ORDINANCE NO. 12541
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 dwell ing.-Q,, +"^ ��ensed to do so shall be the eme
oGisupatief�-.
(2) A home occupation shall be clearly incidental secondary to the residential use, and shall not GGGypy
than 2n ^^.^ t f thy+ l buildingt �}area, re feet.
n. .�� .. +...awn v
(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,bere-sh4l be ae
al+ .atien in the residential ate , or visible evideRGe of the canduct of SUGh 012icupatiw.
(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 OF elec-trieal
dim+ "
REVISED AS OF 5/6/2022, 2:00 P.M. Ordinance No. 1254, Page 1 of 2
If applicable, language to be added is undedined.
If applicable, language to be deleted is ekuek4hnw p
(5) 9etdeeF-sStorage of materials or disposal at the dwelling of any corrosive, combustible or other
hazardous or flammable used in the home occupation is prohibited,
(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.N g
(7) individual instruGtion in art, musiG or educatiGn may be giveR to one person at a time.
(8) The following shall net be peFMitted as ti d;
dance oF-swfrerning instfueffeR; a-dining-faeitity-er-tea room; antique shop eFgi#shhep� farteneteltiag-or
'f;-fe .
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 71h day of June 2022.
ATTEST:
Lane Gamiotea, CMC, City Clerk
Dowling R. Watford, Jr., Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 5tb day of July 2022.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Dowling R. Watford, Jr., Mayor
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.
It applicable, language to be deleted is etrask {hreugH
All NDEPENDENT
NEWSMEDIA 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, 06/25122, 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 Micros
Sworn to and subscribed before me by means of
Physical Presence OX Online Notarization
physical presence or online notarization, this
23rd day of June, 2022.
�;iF ,;•. JANET SUE Pv1ADRAY
v1Y COMMISSION # HH 129146
in., EXPIRES, iAay 12, 2025
Bonded Thru No!2ry Public Under+%drier
---
(Signature of Notary Public)
STAMP OF NOTARY PUBLIC
Lake Okeechobee News
313 NW 4th Avenue
Okeechobee, FL 34972
863-763-3134
CITY OF OKEEECHOBEE
PUBLIC NOTICE
CONSIDERATION OFADOPTING A CITY ORDINANCE
NOTICE LSHEREBYGIVEN!had-eCltyCarddtheCAycfCl0ec ubee
vrE mnductpatyRbfic H®r ng m ], 5, 2022 6 PM r as s m tl�
=a4awt of the 1 3rd �01)d , R,1254): final re3dng
AN ORDINANCE OF TPE CITY OF OKEEECHOBEE, FLORIDA;
AMENDING SECTION 90-E33, HOME OCCUPATION WUHM
CHAPTER 90, LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES,• PROVIDING FOR CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILTTY; PROVIDING
FORAN EFFECTIVE DATE
Pe ibon Na 22-001 TA, amgr3nents include but are riot krAed bx raluFM
nest pronw pbyeaorrrde dbYmaameorswtodorotr=Dattle
ept
d�irg may wakatthe homeool�tla, Fvneanpatlm shah be semrd-
aryhn resdatialu�deie�e>dstingwordngOukprv�idesforapaoeiage
of theldal buldrg floor area; a daior d the wide ce 5 be mr t wTh
sunw><fny nesddaatl�alt7a�rneas, modfibarsmade bDthedw&mg to amomno-
�aall ot'theneigHxd�d;�tra ata�gnmreedher
Onan the dne6rg are nct albs; remx the �q vadng Out good/
nut be sold m the pioperty, egad theist of n? of r,tafer
aloes tD neighboring ty st xage or disposal of hazardous, fla
n O e mrt ecbonOr a �° gr 5 y be parkedid legal e
not Whn the nghtafway, Woof a sidevslc aryuimpoRd srfaaesu�at
Ore dvxlig; renno%e a asbng wcrdng Out indrviiel ntuton n art music,
== one patenatatine;ren eOnee:dsbnglestof
The public is kivibed to aUeski the PuhGC and be beard on
all matbem The propce3d adunance can be inn I_s entirety at One
address above dung n pJar bushes tars, Mo ri, 8 =3a0 PM, =
for holidays„ or on the websibe hltp_rAvN+w.dVddeadxteemm/p trefe -
ticehbN.
BE ADVISED Onat should you intend to Snow arrydoamet, p cUeG video,
or itemstDOneCaunaln%p;atoropposibm Dany tern mUna
a9arla aa
ycfdnedoat,pidra e,Weo,iemmustbeprmidedhNhe Clerk ma
One OWS reoxis. ANY PERSON DECIDING TO APPEAL ary de: s crn
made One faunal with respal m ary outer oosiderej at Cis n�ng
vrl tD amreoorddOreproa>aingIsmade and itremrd
Includes the O :i and ev daup
on on Wrich the appeal will be based. In
amadanoe vMtn the nerlo Wth Disablbes Act; pesos wIh ds3bilbes
neadng aommodabmto participate Ots pn�'mg shmid wtact
dneUy Cfioeinperson acal 85i-76398L5,Hearing Unpaired: Florida
Relay 7-1-1 ro laterOan far bsnesdays priorhn pooaadig.
By: O!yClerk Lane C; ffxba3,CMC
545012 LONG27jM
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