1036 Land Dev. Regs.
ORDINANCE NO. 1036
AN ORDINANCE OFTHE CITY OFOKEECHOBEE, FLORIDAAMENDING
LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716 AS
AMENDED, SECTIONS 90-35, 90-39 AND 90-40 THEREOF, WHICH
SECTIONS REGULATE NONCONFORMING STRUCTURES AND THEIR
USE; REQUIRING THAT UPON TRANSFER, EXTENSION OR REPAIR OF
A NONCONFORMING USE, THAT OFF STREET PARKING
REQUIREMENTS BE AMENDED TO PERMIT THE OWNER TO
CONTINUE THE NUMBER OF EXISTING PARKING SPACES UNDER
CERTAIN CIRCUMSTANCES; TO REQUIRE UPGRADING A PARKING
LOT TO MINIMUM STANDARDS TO INCLUDE PAVERS; AND TO
REQUIRE COMPLIANCE WITH CURRENT PARKING CODE
REGULATIONS IF THE OWNER COMMENCES A NEW AND MORE
INTENSIVE USE OF THE PROPERTY THAT WOULD INCREASE THE
NUMBER OF REQUIRED PARKING OF SPACES; PROVIDING FOR
CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida strives to upgrade commercial properties
located with the City upon change of use or ownership, thereby improving the
properties and providing a more uniform and aesthetic look to the City; and
WHEREAS, due to certain constraints existing on commercial properties due to the size
of the structures, set back encroachments and configuration of the land, full
compliance with all current building codes is not always possible; and
WHEREAS, the City seeks to promote increased commercial development in the City, and
to not require business owners or tenants to rigidly comply with every code where
to do so is beyond the ability of the owners; and
WHEREAS, the most difficult code section to comply with upon transfer of ownership or
use of commercial property has proven to be off-street parking requirements; and
WHEREAS, this ordinance will amend certain parking requirements to meet both the goals
of the City to improve commercial properties, and of the business owner or tenant
to conduct a trade within the City in an economically feasible manner.
NOW, THEREFORE, IT IS ORDAINED before the City Council for the 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(d). Transfer of a nonconforming structure. In the event of the
underlying land on which exists a nonconforming structure is sold, assigned
or in any manner transferred from the record title holder of said lands, as
such ownership if is reflected in the records of the Clerk of Court, and
Property Appraiser for Okeechobee County, such nonconforming structure
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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, except off-street parking requirements, of the district
regulations applicable to the structure. Provided however;
(1) That, if by physical evidence, portions of the property have been used
for off-street parking but are unpaved or unimproved, unmarked or
otherwise do not meet the City's design requirements for such
parking, the owner shall improve the quality of such area (or its
equivalent) to at least "paver" quality. The number of spaces to be
provided shall be equal to that which can be accommodated within
the geographic area previously used for parking with said spaces and
interior circulation components meeting the City's minimum design
requirements for off-street parking and vehicular use areas.
That, if the use of the property or structure under the new owner is
different from the prior use such that application of Section 90-512.
Space regulations, results in a greater number of off-street parking
spaces being required than the number of off-street parking spaces
required of the prior owner and use, the new owner shall provide
parking facilities in complete conformance with the Land Development
Regulations as if the use were entirely new.
Section 90-39(a). Extension of nonconforming structure. A nonconforming
structure may be enlarged, improved, or be brought up to current codes
without concern as to whether the existing nonconformity deals with lack of
off-street parking, or on-site water retention, excessive floor area, height or
landscaping, as may be otherwise required of a new structure in these
regulations, so long as such development does not create a nonconforming
use in that district; does not create a new nonconformity as to property line
set-backs; and would not cause or create a significant impact as to drainage;
or parking-and off-street loading requirements. Provided, however, that if the
enlargement or improvement, because of application of the provisions of
Section 90-512. Space regulations, results in a greater number of off-street
parking spaces being required than the number of off-street parking spaces
required before the improvement, the owner shall provide parking facilities
in complete conformance with the Land Development Regulations as if the
use were entirely new.
Section 90-40(a). Repair or reconstruction of nonconforming structure or
use. A nonconforming structure may be maintained, repaired or altered,
without concern as to whether the existing nonconformity deals with lack of
off-street parking, or on site water retention, excessive floor area, height or
landscaping, so long as such repair does not create a new nonconforming
use in that district; does not create new or additional nonconformity as to
property line set-backs; height, or floor area, and would not create a
significant impact as to drainage, or and off-street loading
requirements. Provided, however, that if the repair or alteration, because of
application of the provisions of Section 90-512. Space regulations. results in
a greater number of off-street parking spaces being required than the
number of off-street parking spaces required before the improvement, the
owner shall provide parking facilities in complete conformance with the Land
Development Regulations as if the use were entirely new.
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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.
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 18th day of
November, 2008.
James If Kirk, Mayor
-..ATTEST
Et 5
Lane Garhiote6-, CIVIC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 20T" day of January,
2009.
James E. Kirk, Mayor
ATTEST:
l.r
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SU ICIENCY:
John R. Cook, City Attorney
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