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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS CHAPTER 66-GENERAL PROVISIONS TO INCLUDE A DEFINITION WITHIN SECTION 66-1 FOR YOUTH CENTER; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III-DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY: DIVISION 5-RESIDENTIAL MULTIPLE-FAMILY DISTRICT SECTION , TO INCLUDE YOUTH CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 7- LIGHT COMMERCIAL DISTRICT SECTION , TO INCLUDE CONVENIENCE STORE WITHIN THE LIST OF PERMITTED USES AND SECTION , TO INCLUDE ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 8-HEAVY COMMERCIAL DISTRICT SECTION , TO INCLUDE CONVENIENCE STORE AND INDOOR AUCTION HOUSE WITHIN THE LIST OF PERMITTED USES AND SECTION , TO INCLUDE ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER, INDOOR AUCTION CONVENIENCE STORE WITH FUEL PUMPS, RETAIL POOL SUPPLIES AND EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING STORAGE OF CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 10-INDUSTRIAL DISTRICT, SECTION , TO INCLUDE RETAIL POOL SUPPLIES AND EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING STORAGE OF CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN THE LIST OF PERMITTED USES; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE IV SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 3, OFF-STREET PARKING AND LOADING, SECTION SPACE REGULATIONS, SUBSECTION (2) COMMERCIAL USES, TO INCLUDE MINIMUM PARKING REQUIREMENTS FOR INDOOR AUCTION HOUSES WITH AND WITHOUT FIXED SEATING, NAIL SALON, RETAIL SERVICE AND PERSONAL SERVICE; AMENDING CHAPTER 90-ZONING, SECTIONS AND TO CORRECT A TYPOGRAPHICAL ERROR AND INCORRECT REFERENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and 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 TA, at a duly advertised Public Hearing held on November 19, 2015, 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 No Page 1 of 7

2 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 by 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: SECTION 1: Amendment and Adoption to Section the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 66- General Provisions, Section 66-1 to include and amend the following definition: Youth center means a social and recreational center providing supervision and opportunities for youth to develop their physical, social, emotional, and cognitive abilities and to experience achievement, leadership, enjoyment, friendship, and recognition. They typically offer organized instructional programs for physical activities, academic and arts programs as well as opportunities for unstructured activities such as game playing, socializing, club meetings, and outdoor play. SECTION 2: Amendment and Adoption to Section Zoning, Article III-District and District Regulations, Division 5-Residential Multiple Family District, Section Special Exception Uses to expand the list of uses to include youth center and recovery center/sober home, as follows: The following uses and structures are permitted in the RMF district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Guesthouse, provided that the lot area shall be not less than 12,500 square feet. (2) Boardinghouse. (3) Bed and breakfast establishments. (4) Group home. (5) Day care center. (6) House of worship, on a lot of less than five acres. (7) Community center. (8) Indoor recreation. (9) Outdoor recreation. (10) Public utility. (11) Permitted uses in excess of 45 feet in height. (12) Residential migrant housing facility. (13) Adult family care homes or assisted living facilities as provided by law. (14) Youth center (15) Recovery center/sober home SECTION 3: Amendment and Adoption to Section Zoning, Article III-District and District Regulations, Division 7-Light Commercial Ordinance No Page 2 of 7

3 District, Section Permitted Uses to expand the list of uses to include a convenience store as follows: The following principal uses and structures are permitted in the CLT district: (1) Professional office, business office, medical office. (2) Retail store, retail service. (3) Personal service. (4) Craft studio. (5) Storefront church located in a unit in a multi-use building or shopping center. (6) Pet grooming. (7) Convenience store. SECTION 4: Amendment and Adoption to Section Zoning, Article III-District and District Regulations, Division 7-Light Commercial District, Section Special Exception Uses to expand the list of uses to include alcohol and drug rehabilitation center/detox center, and recovery center/sober home as follows: The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Restaurant, take-out restaurant, cafe. (2) Dry cleaner/laundry, laundromat. (3) Private club, nightclub. (4) Business school. (5) Radio, television or cable reception, transmission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of worship. (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial building. (16) Group home. (17) Adult family care homes, assisted living facilities as defined in F.S (5). (18) Nursing homes. (19) Taxidermist. (20) Alcohol and drug rehabilitation center/detox center. (21) Recovery center/sober home. SECTION 5: Amendment and Adoption to Section Zoning, Article III-District and District Regulations, Division 8-Heavy Commercial District, Section Permitted uses to expand the list of uses to include convenience store and indoor auction house, as follows: The following principal uses and structures are permitted in the CHV district: (1) Professional office, business office, medical office. (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, take-out restaurant, cafe. (4) Personal service. (5) Dry cleaner/laundry, laundromat. (6) Funeral home. Ordinance No Page 3 of 7

4 (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi-use building or shopping center. (14) Taxidermist. (15) Pet Grooming. (16) Convenience store. (17) Indoor auction house. SECTION 6: Amendment and Adoption to Section That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90, ZONING, ARTICLE III-District Regulations, Division 8-Heavy Commercial District, Section Special exception uses to expand the list of uses to include Alcohol and drug rehabilitation center/detox center; Convenience store with fuel pumps; and Retail pool supplies and equipment, water treatment services, and pest control (all including storage of chemicals for use and/or retail sale), to read as follows: The following uses and structures are permitted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive-through service. (2) Auto service station, car wash. (3) Wholesale, warehouse not including bulk storage of flammable liquids. (4) Enclosed warehouse and storage. (5) Outdoor sales and storage, building trades contractor. (6) Flea market. (7) Mechanical and repair services. (8) Commercial outdoor recreation. (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for transient recreation use. (13) Radio, television or cable reception, transmission or operational facilities. (14) Public facility or use. (15) Public utility. (16) Permitted uses in excess of 45 feet in height. (17) One dwelling unit per commercial building. (18) Outdoor vehicle sales lot. (19) House of worship. (20) Hospitals, which means in-patient hospital care. (21) Adult family care homes, assisted living facilities as defined in F.S (5). (22) Nursing homes. (23) Alcohol and drug rehabilitation center/detox center. (24) Convenience store with fuel pumps. (25) Retail pool supplies and equipment (including storage of chemicals for use and/or retail sale). (26) Water treatment services (including storage of chemicals for use and/or retail sale). (27) Pest control (including storage of chemicals for use and/or retail sale). SECTION 7: Amendment and Adoption to Section That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90, ZONING, ARTICLE III-District Regulations, Division 10-Industrial District, Section Ordinance No Page 4 of 7

5 Permitted uses to expand the list of uses to include Retail pool supplies and equipment, water treatment services, and pest control (all including storage of chemicals for use and/or retail sale) to read as follows: The following principal uses and structures are permitted in the IND district: (1) Business office. (2) Business school. (3) Retail service, retail store including outdoor display of merchandise. (4) Research laboratory. (5) Manufacturing, processing, except those which produce explosives. (6) Mechanical and repair services. (7) Bulk storage of nonhazardous material. (8) Off-site sign. (9) Outdoor sales and storage, building contractor. (10) Wholesale sales and distribution. (11) Enclosed warehouse and storage. (12) Commercial laundry, dry cleaner. (13) Printing. (14) Auto service station, car wash. (15) Drive-through service. (16) Parking garage, parking lot. (17) Radio, television or cable reception, transmission or operational facilities. (18) Veterinary service. (19) Railroad facilities. (20) Public utility. (21) Public facility. (22) Storefront church located in a unit in a multi-use building or shopping center. (23) Café. (24) Barbershop, beauty shop. (25) Dry cleaner/laundry. (26) Nail care. (27) Shoe repair. (28) Tailor. (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, (30) Retail pool supplies and equipment, (including storage of chemicals for use and/or retail sale). (31) Water treatment services, (including storage of chemicals for use and/or retail sale). (32) Pest control (including storage of chemicals for use and/or retail sale). SECTION 8: Amendment and Adoption to Section That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90, ZONING, ARTICLE IV-Supplementary District Regulations, Division 3 Off-street parking and loading, Section Space regulations, Subsection (2) Commercial uses, to include minimum parking requirements for indoor auction houses with and without fixed seating, nail salon, retail service, and personal service, to read as follows: (2) Commercial Uses: Shopping center, Rretail store, retail service, and personal service, or Furniture or appliance store Professional office, business Medical office Nursery, lumberyard Restaurant, nightclub 1 per 300 square feet of floor area service, except as may otherwise be specifically identified in this section. 1 per 500 square feet of floor area 1 per 300 square feet of floor area service 1 per 180 square feet of floor area 1 per 250 square feet of floor area 1 per 75 square feet of floor area Ordinance No Page 5 of 7

6 Barbershop, beauty shop, and nail salon Hotel, motel Auto service, repair or wash Automobile sales Auction house (indoor), or storefront church with fixed seating Auction house (indoor), or storefront church without fixed seating 2 per service chair 1 per bedroom, plus 5 spaces, plus accessory uses 1 per 150 square feet of floor area 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. 1 per 3 seats in the area used for the auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. 1 space for each 90 square feet of area used for the auction or assembly area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship in excess of 1,470 square feet. SECTION 9: Amendment and Adoption to Sections (b) and (a)(3) That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90, ZONING, Sections (b) and (a)(3) to correct a typographical error and incorrect reference, respectively, to read as follows: Section (b) Minimum yard requirements. The maximum minimum yard requirements in the RSF 1 district, except where greater distance is required by yard setback, shall be as follows: Section (a) (3) Where building signs are placed upon more than one side of the building, the combined sign face areas, shall not exceed that amount permitted by subsection (a) (1) above. SECTION 10: Conflict. That all laws or ordinances in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. SECTION 11: 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 12: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this day of, ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Ordinance No Page 6 of 7

7 PASSED AND ADOPTED after Second and Final Public Hearing this day of, James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No Page 7 of 7

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