The city is hereby divided into zoning districts designated as follows:

(LDR 1998, § 301)

(a)

The official zoning map of the city is established and shall be made a part of, and incorporated into, the regulations of this chapter, and shall be part of the public record.

(b)

The zoning map shall be available for public inspection at the city hall, and shall be the final authority as to the current zoning status of land. The zoning map shall be maintained by the city clerk who is the custodian thereof, and in whose office the map shall be kept.

(c)

Zoning districts are bounded and defined, as shown on the official zoning map.

(d)

No changes to the zoning map shall be made except in compliance with procedures set forth in the regulations of this chapter. When changes are made in district boundaries, such changes shall be made promptly on the zoning map after adoption of the amendment.

(LDR 1998, § 302)

Interpretations of zoning district boundaries on the zoning map shall be made as follows:

(1)

Boundaries following a street shall be construed as following the street centerline.

(2)

Boundaries following a property or section line shall be construed as following such line.

(3)

Boundaries following a natural feature shall be construed as following such feature.

(LDR 1998, § 303)

Land which may be annexed into the city shall be placed into the nearest comparable zoning district to its previous county zoning. Annexed land zoned agricultural in the county shall be placed into the residential single-family one zoning district until changed by the city council. The provisions of F.S. ch. 171 shall otherwise prevail on all issues of annexation.

(LDR 1998, § 304)

For the purposes of calculating the maximum allowable number of dwelling units per acre of undeveloped land in various residential zoning districts, the following densities shall be used:

(LDR 1998, § 305)

Residential developments which qualify as affordable housing are allowed a density bonus. Where at least ten percent of total housing units in a development qualify as affordable housing, the density of the site devoted to such housing may be increased by one dwelling unit per acre as follows:

(LDR 1998, § 306)

Residential developments which qualify as substandard are allowed a density bonus when cleared and renewed. Such residential areas may be increased by one dwelling unit per acre as follows:

(LDR 1998, § 307)

_____

This part sets forth the minimum standards for residential single-family dwellings. Townhouses, trailers, mobile homes, and manufactured housing as defined in Code section 66-1 shall be subject to this part. Except as specifically set out in this Code, no mobile home, manufactured home, trailer, travel trailer, recreational vehicle (RV), park model recreational vehicle, building, or other structure shall be used for sleeping or dwelling purposes in the city.

(Ord. No. 1203, § 2, 2-4-2020)

Properly designed and constructed foundations are essential for the public safety and welfare. Regardless of the method of housing construction, securely anchored and installed dwelling units serve not only to reduce the likelihood of widespread hurricane or storm damage but contribute to architectural and aesthetic compatibility important to the long term value and viability of neighborhood communities. The following foundation and onsite installation requirements are intended to be reasonable, uniformly applied and enforced without distinction as to the type of dwelling unit.

(1)

Foundation requirements for single-family dwellings in all zoning classifications except RMH.

a.

Foundation and elevation requirement. All dwelling units shall be placed on a foundation in accordance with the Florida Building Code; or the codes adopted by Code section 66-10; or for manufactured homes shall be set up in accordance with the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter 15C-1, F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material and shall be prepared to ensure drainage as required by applicable codes and approval of the city building official and/or the technical review committee. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12 inches above the crown of the roadways immediately adjacent to such lot or area. The city reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height.

b.

Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall be compacted as follows:

1.

Remove any organic topsoil and other deleterious materials to their horizontal and vertical extremities to three feet beyond concrete slab lines.

2.

Compact the entire area under the concrete slab as needed to achieve a compaction of at least 95 percent of ASTM D1557 maximum density. Place fill as needed in not greater than 12 inches compacted thickness layers. Minimum compaction density shall be 2,000 pounds per square feet.

c.

Perimeter footer. A perimeter footer, where required by the Florida Building Code, shall be in accordance with the Florida Building Code.

d.

Piers and blocking. Where piers or blocking are utilized to elevate structure from the slab, poured concrete runners or finished grade, support and anchoring/tie-down of the structure shall be in accordance with the Florida Building Code requirements incorporated by Code section 66-10; or the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989); or the manufacturer's specifications provided they meet or exceed the requirements of the F.A.C. Stabilizing plates or collars shall be required where auger anchors are used. Where piers and blocking are utilized, the following shall be required:

1.

The site shall be graded to ensure adequate drainage away from the unit;

2.

All piers must have the top course filled with concrete or have a solid cap block;

3.

The maximum proposed pier height and the maximum pier height beyond which the manufacturer requires or recommends that an engineer design the foundation shall be indicated on the development permit application;

4.

Where a concrete slab or the interior poured runners are not used, the development permit application shall indicated the bearing capacity of the soil and the methodology used to determine that bearing capacity;

5.

The development permit application shall include the calculations used to determine the sizing and spacing of footers required based on the soil bearing capacity and based on other criteria of the manufacturer, such as piers required to support sidewall openings, heavy appliances or other load bearing points. The relevant pages from the manufacturer's specifications shall be included with the application, with the appropriate calculations and guidelines highlighted. A plot plan or site plan shall indicate the number, location and construction of proposed piers and footings;

6.

The development permit application shall indicate the type and model of anchor to be used, the gauge and model of the strap to be used, the soil type, the methodology used to determine the soil type; and

7.

The development permit application shall include all relevant pages from the manufacturer's specifications and highlight the specific methods to be used to assemble double-wide or larger units, and to connect utility systems.

e.

Crawl space and closure wall. A crawl space shall be defined as the area between the slab or finished grade and the floor of any structure elevated above that slab or finished grade. A closure wall shall be defined as the load bearing or non-load bearing wall structurally attached between the floor or bottom of the structure and the required perimeter footer, perimeter runner or the ground. Where a slab is used, and where load bearing points are interior to the perimeter slab, a perimeter footer or concrete runner is not required, and the closure wall shall be attached to the slab. All dwelling units installed or constructed with a crawl space of less than seven feet in height shall have a closure wall constructed of one of the following:

1.

Brick.

2.

Concrete block or poured concrete finished by painting or extending the dwelling siding to the slab or footer. Where the slab or footer is more than eight inches of the finished grade level.

3.

Frame and sheathing finished with either lathe and stucco or by extending the dwelling siding to the slab or footer. Where the slab is more than eight inches above the finished grade level, the siding shall extend to within eight inches of the finished grade level.

4.

Framing, lathing and stucco in accordance with Florida Building Code requirements incorporated by Code section 66-10.

5.

Continuous interlocking vinyl skirting provided that the skirting is architecturally compatible with the residential dwelling, and provided that the following minimum specifications are met: panel thickness shall be at least 0.035 inches; top front and top back rail thickness shall be at least 0.050 inches; and bottom rail thickness shall be at least 0.045 inches. A crawl space enclosed by vinyl skirting shall not exceed 28 inches in height from the finished grade to the floor of the dwelling. Perforated panels may be used for ventilation, provided that such panels shall not exceed 30 percent of the total number of panels per side of the dwelling. Vinyl skirting shall be attached to the perimeter concrete footer or runner where a footer or runner exists or is required to exist. The skirting shall be fastened using less than ¼-inch in diameter or by rust expansion anchors no less than 5/16 -inch in diameter. The fasteners shall be spaced no more than 18 inches apart. Where no perimeter concrete footer or runner exists, or is required to exist, vinyl skirting shall be attached to the ground using rust-resistant ground spikes no less than eight inches in length, and spaced no more than 18 inches apart.

Any access point in the closure wall shall be fitted with a removable panel or door and shall be similar in appearance with the remaining wall unless a vent is used as an access point. No more than a single three-foot access point per side shall be permitted.

Dwelling units to be installed or constructed with a crawl space of seven feet or greater in height shall be submitted to the city building official engineering plans demonstrating compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the building official may be appealed to the board of adjustments as provided in Code section 70-371.

f.

Standard codes. All foundation types shall meet the Florida Building Code requirements incorporated by Code section 66-10.

(2)

Foundation and elevation requirements for RMH zones.

a.

All dwelling units shall be placed either on a permanent reinforced concrete slab as described in subsection (1) of this section, or on poured concrete strip footers with blocking and tie-down as provided in subparagraph c. below, or may be set up according to the manufacturer's specifications, units may be set up in accordance with Chapter 15C-1, F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12 inches above the crown of the roadways immediately adjacent to such lot or area. The city reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height.

b.

Either foundation type shall meet the Florida Building Code requirements incorporated by Code section 66-10.

c.

Blocking and tie-down shall be in accordance with provisions of the Florida Building Code requirements incorporated by Code section 66-10 for conventional construction; Chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code) for manufactured housing. Stabilizing plates or collars shall be required where auger anchors are used. In addition, the requirements of Code section 90-79(1)d.1—7 above must also be met.

d.

Where a crawl space exists, the crawl space shall be enclosed by a bearing or non-bearing perimeter concrete, lathe and stucco, masonry or architecturally compatible skirting/enclosure. Extending the unit siding to the ground as described in Code section 90-169(4) shall be permitted skirting/enclosure provided it is securely fastened to the ground.

(3)

Foundation requirements for mobile home and manufactured home parks. Regardless of zone, mobile home parks are designed for transitory use by mobile and manufactured homes. Accordingly, the requirements of subsections (1) and (2) above to the contrary notwithstanding, where a manufactured home or mobile home is to be located inside a mobile home or manufactured home park as defined in Code section 66-1, mobile home or manufactured home blocking and tie-down shall be in accordance with the provisions of Chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code). All such units shall be fully skirted. Stabilizing plates or collars shall be required where auger anchors are used. Prior to the poring of any concrete or the placement of concrete blocks or footings, the area under which concrete will be placed shall be clear of all organic material. In addition, the requirements of Code section 90-79 above must also be met.

(4)

Foundation requirements for miscellaneous dwellings. Foundation requirements for dwelling units not classified by subparagraphs (1) through (3) above shall be as described in subparagraph (1) above regardless of zone.

(Ord. No. 1203, § 2, 2-4-2020)

Any single-family dwelling located in a RSF 1; RSF 2; RMF; or RMH zoning district shall comply with the following appearance and design standards:

(1)

Minimum living area. The minimum living area shall be calculated to include all areas within the enclosing walls of a building except garages, outside utility rooms, carports, cabanas, porches, patios and unroofed or unenclosed areas.

(2)

Roof overhang. All main buildings shall have a pitched roof with a 12-inch roof overhang on two sides of the dwelling's perimeter walls and a minimum of a six-inch roof overhang on the remaining two sides such that the overhang is architecturally integrated into the design of the dwelling. Where the design of the dwelling is such that there are more or less than the four sides, the city building official shall determine the overhang necessary for each side pursuant to Code section 90-80(1).

(3)

Roofing material. All main buildings and all garages or carports shall have a roof surface of wood shakes, asphalt, composition or wood shingles, clay, concrete tiles, slate, or built-up gravel materials.

(4)

Siding materials. All main buildings and all garages shall have exterior siding material consisting of either wood, masonry, concrete, stucco, masonite, fiberglass, vinyl, or metal lap. The exterior siding must be residential in appearance. The exterior siding material shall be extended to ground level, except when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

(5)

Design suitability. The city recognizes that mobile home/modular homes/manufactured housing units may be constructed in areas outside the State of Florida, and such units are sold for their final destination in Florida. Any such home sought to be permitted within the City of Okeechobee must comply with this Code, and any other applicable building codes in effect for South Florida that pertains to mobile homes/modular homes/manufactured housing.

(6)

Minimum width. The minimum width and depth of a dwelling located on a lot outside of a mobile home park or subdivision shall be 20 feet.

(7)

Wheels and axles. All mobile home, manufactured home, or trailer tow bars, wheels and axles shall be removed when the dwelling is installed outside a mobile home park or subdivision. Trailer tow bars and wheels shall be removed when the dwelling is installed within a mobile home subdivision.

(8)

Relocation and installation of used dwelling units. Any used dwelling unit built and remaining in compliance with the Florida Building Codes incorporated by Code section 66-10, or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Code section 90-81, shall be eligible for relocation and/or placement, replacement, installation, or reinstallation in any residential zoning district in accord with regulations as established by the schedule of district regulations upon demonstration of continued compliance with the applicable building codes and standards as well as compliance with the appearance and design standards of this section and with the provisions of Code section 90-80. There shall be a rebuttable presumption that a unit that is five years of age or less as of the date of application meets the appearance and design standards of the city or the minimum applicable building codes. Except as otherwise permitted by this subsection, no used dwelling unit shall be placed, replaced, located, relocated, installed or reinstalled from the site upon which it was first placed, constructed or installed.

a.

An application shall be submitted which contains the following:

1.

The applicant's name and address and a statement of ownership.

2.

Legal description, street address, lot number and subdivision name, if any, of the property upon which the dwelling is to be located.

3.

Size of the property in square feet and acres.

4.

Statement describing the type and dimensions of the dwelling proposed to be relocated on the property.

5.

Elevations and photographs of all sides of the dwelling proposed to be relocated on the property.

6.

A statement describing the exterior dimensions and roof sloop of the dwelling proposed to be relocated on the property.

7.

A description of the exterior finish of the dwelling, including exterior walls and roof.

8.

A description of the dimensions of the dwelling.

9.

Proof that the dwelling continues to meet either the Florida Building Codes incorporated by Code section 66-10 or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development.

10.

A site plan drawn to scale illustrating the proposed use and including the following:

i.

Location of the property by lot number, block number and street address, if any.

ii.

The dimensions of the lot or parcel of land on which the manufactured home is to be located.

iii.

The proposed location of the dwelling on the property, including all setback information.

11.

A schematic design of the dwelling showing the roof, siding and other improvements.

12.

An engineering or architectural plan of the foundation to be utilized.

13.

Such other plans, surveys and documentation as may be required pursuant to Code section 66-10.

14.

For purposes of notification, the names and addresses of property owners, as they appear on the latest tax roll of Okeechobee County, within 150 feet of the subject property.

b.

Procedure for review of application for used units that were constructed or manufactured more than five years from the date that a complete permit application is submitted.

1.

Within ten days after an application has been submitted, the city building official shall determine whether the application is complete. If the building official determines the application is not complete, he shall send a written statement specifying the applicant's deficiencies to the applicant by mail. The building official shall take no further action on the application unless the deficiencies are remedied.

2.

Within 30 days after the city building official determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the appearance and design standards of this section and whether the unit is consistent with and compatible with surrounding units at the proposed relocation site and whether the unit is consistent with and compatible with the general character of the neighborhood or community.

3.

Following the determination of compliance, the city building official shall place the application for the determination of suitability for dwelling unit relocation on the agenda of the next available regular meeting of the board of adjustments and appeals in accordance with the procedures contained in this code. Notice of public hearing shall be given as provided in Code section 70-371.

4.

The board of adjustments shall determine whether the dwelling unit continues to meet the Florida Building Codes incorporated by Code section 66-10, or Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Code section 90-170 and the appearance and design standards of this section, and whether the unit is consistent with and compatible with the general character of the neighborhood or community. Within a reasonable time of the conclusion of a public hearing, the board of adjustments shall make a determination as to whether the dwelling unit meets the standards described in this section. Appeals of the board's determination shall be in accordance with the provisions of Code section 70-371.

5.

Notification of the board's decision shall be mailed to the petitioner and filed with the city building official.

6.

A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met, and subject to any conditions that the board of adjustments may impose. Where such conditions require repairs, renovations, construction or other like activity in order to meet appearance and designs standards or minimum code compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be 110 percent of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed by the board, including any established time frame for their completion, the applicant shall forfeit the security and the city may initiate action to demolish, remove and dispose of the unit and appurtenances.

7.

A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of noncompliance was the failure to meet the Florida Building Codes incorporated by Code section 66-10 or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of noncompliance was the failure to meet the appearance and design standards of this section or the failure to determine to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a RMH zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for the location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a RMH district.

c.

Procedure for review of application for used units that were constructed or manufactured five years or less from the date that a complete permit application is submitted.

1.

Within ten days after an application has been submitted, the city building official shall determine whether the application is complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The building official shall take no further action on the application unless the deficiencies are remedied.

2.

Within 30 days after the city building official determines the application is complete, they shall review the application and shall determine whether the dwelling unit continues to meet the standard building codes incorporated by Code section 66-10 or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Code section 90-80 and the appearance and design standards of this section, and whether the unit is consistent with and compatible with the general character of the neighborhood or community.

3.

A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met, and subject to any conditions that may be imposed to ensure compliance with applicable city regulations. Where such conditions require repairs, renovations, construction or like activity in order to meet appearance and design standards or minimum code compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be 110 percent of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean-up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed, including any established time frame for their completion, the applicant shall forfeit the security and the city may initiate action to demolish, remove and dispose of the unit and appurtenances.

4.

A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of noncompliance was the failure to meet the Florida Building Codes incorporated by Code section 66-10 or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of noncompliance was the failure to meet the appearance and design standards of this section or the failure to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a RMH zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for the location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a RMH district.

5.

An affected party may file an appeal of a final determination to the board of adjustments as established by Code sections 70-375 and 70-376.

(9)

Deviations. The city building official may approve deviations from one or more of the appearance and design standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the building official may be appealed to the board of adjustments as provided in Code section 70-371.

(10)

Minimum floor area exemptions.

a.

The city is periodically the recipient of federal and state community development block grants that are a great benefit to the city and its citizens. The maximization of the impact of these, and other similar funds is in the best interest of the citizens of the city. As such, the minimum floor area of a dwelling unit described in Code section 90-80 shall be reduced from 800 square feet to 600 square feet in the case of construction funded or assisted by a community development block grant or similar federal or state grant.

b.

As a transitional measure to lessen the immediate cost and disruption to conforming sites, any existing single-family dwelling, mobile home, manufactured home, or trailer having less than 1,000 square feet that was lawfully placed upon a conforming lot or parcel in accordance with applicable codes prior to adoption of the city land development regulations may be replaced with an otherwise conforming dwelling unit of not less than 800 square feet. For the purpose of this section only, the roof overhang requirements herein shall be reduced to a minimum of 12 inches on two sides and zero inches on the remaining two sides and the minimum width requirement herein shall be reduced to 12 feet.

(11)

Restrictions on land use. The city recognizes that certain landowners, mobile home parks, and others may have placed land use restrictions by recorded deed restrictions or pursuant to homeowners association by-laws, that may or may not be recorded of record, that affect the ability of a unit owner to place a mobile home/manufactured housing unit on such lands, and that these restrictions may contain design or other standards contrary to those required in this Code. While the city will attempt to honor such recorded or non-recorded restrictions on a case by case basis, the burden is on each applicant to discover and deliver to the city all such restrictions that may affect the lands, and the city will not acknowledge any responsibility or liability for an application that is inaccurate or incomplete in this regard.

(Ord. No. 1203, § 2, 2-4-2020)

(a)

Generally. All mobile homes, manufactured homes, trailers, buildings, or other structures used or intended to be used for human habitation or the storage of materials associated with human habitation in the city should be reviewed to ensure that they provide the basic minimum housing and building construction standards essential for safe and healthful living. To facilitate such a review, no mobile home, manufactured home, trailer or building shall be located, placed, deposited, installed or connected or reconnected to utilities in the city unless and until said mobile home, manufactured home, trailer or building has been either inspected or exempted in accordance with the provisions of this section. Any person or corporation transporting, installing or connecting to utilities a mobile home, manufactured home, trailer or building in violation of this section shall be subject to fine and/or imprisonment in accordance with Code sections 66-10 and 18-31 through 18-75.

(b)

New dwelling units. All new manufactured homes built in compliance with the Manufactured Home Construction and Safety Standards (HUD Code), F.S. ch. 320, and provisions of the Florida Administrative Code pertaining thereto shall be presumed to comply with the minimum standards of this Code upon written certification by a mobile home or manufactured home dealer licensed under F.S. ch. 320, that the mobile home or manufactured home was constructed and remains in compliance with said statutes and codes. Additionally, any permit application intending or proposing to place, replace, construct, reconstruct, locate, relocate, install or reinstall a new manufactured home or building in the City of Okeechobee must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone II as established by HUD regulations CFR Part 3280, Sections 3280.305 and 3280.306, or the equivalent code, statute or regulation to which the construction of a particular building or structure is subject.

(c)

Used dwelling units. This section applies to trailers, mobile homes, and used manufactured homes and buildings and shall ensure safe and liable housing. The provisions of this section shall not be construed to be more stringent than those standards required to be met in the manufacture or construction of new dwelling units.

(1)

All trailers, mobile homes, and used manufactured homes and buildings located within the City of Okeechobee on the effective date of this Code shall be inspected by the city building official prior to being transported, reinstalled or relocated in the city. The person transporting or relocating the structure shall make application with the general services department and pay the applicable fees including mileage, in full, for the off-site inspection. The off-site inspection shall ensure that trailers, mobile homes, or used manufactured homes and buildings will meet the requirements of this Code or any code incorporated by reference into this Code but said requirements shall not be construed to be more stringent than the code to which the unit was originally constructed.

(2)

All used trailers, mobile homes and used manufactured homes and buildings prior to being transported into the city for the purpose of installation, use as a dwelling or resale within the city shall have an architect or professional engineer registered in the state certify that the trailer, mobile home or used manufactured home or building is in compliance with this Code or any code incorporated by reference into this Code and affix his impression-type seal and registration number, telephone number and address. Any permit application intending or proposing to import into the city from outside of the city a trailer, mobile home, or used manufactured home or building must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone II as established by HUD regulations CFR Part 3280, Sections 3280.305 and 3280.306, or the equivalent code, statute or regulation to which the construction of the particular building is subject. Upon meeting applicable requirements and subsequent relocation to the city, the provisions in paragraph (1) above shall apply. Upon city inspection, failure to meet the requirements of this Code shall require the immediate disposal of the unit or removal of the unit from the City of Okeechobee.

(3)

The city building official may establish agreements of reciprocity with other cities and municipalities within this state to conduct inspections required by this section.

(4)

Due to the lack of federal building and safety standards for transportable structures manufactured prior to June 15, 1976, as well as the adoption of local Florida Building Codes (see Code Section 66-10) that for the most part would prohibit such structures, any mobile home manufactured prior to June 15, 1976, shall be imported into the City of Okeechobee for use or resale as a dwelling either temporarily or permanently, nor shall any mobile home manufactured prior to June 15, 1976 be installed, reinstalled, located, relocated, placed or replaced within the City of Okeechobee, or moved from one location in the city to another location in the city. The sale, resale, installation or transportation of a mobile home in violation of this subsection is strictly prohibited. The city building official may grant limited waivers for the sole purpose of transporting a substandard mobile home out of the City of Okeechobee or to a permitted site for demolition and disposal.

(d)

Standards for review.

(1)

Trailers, mobile homes and used manufactured homes and buildings shall meet the following standards for safety and structural adequacy:

a.

Exterior exit doors, including sliding glass doors, shall be in good and safe working order.

b.

Exterior doors shall have safe and operable locks.

c.

If constructed after June 15, 1976, shall have operable egress windows or an exterior egress door located in each sleeping room.

d.

All windows and operators shall be safe and operable and all glass in place.

e.

Screens shall be on each window.

f.

All floors shall be of solid decking. All holes or damaged floors caused by leaks or broken decking shall be replaced or repaired, as needed.

g.

All interior wall coverings shall be in place.

h.

The bottom board covering the floor joist shall be insect proof and rodent proof throughout, and securely sealed.

i.

The roof shall be in good condition with no apparent leaks.

j.

There shall be at least three over-the-roof tie down straps, properly spaced and in good condition, on every single-wide mobile home. All double-wide mobile homes that were factory equipped with over-the-roof tie down straps must meet manufacturer's specifications.

k.

All running gear such as axles, wheels and springs shall be in good and safe working order.

l.

Chassis and hitch assemblies shall be in a safe, undamaged condition.

m.

The exterior wall covering shall be as necessary to prevent the entrance of water.

(2)

Trailers, mobile homes or used manufactured homes and buildings shall meet the following standards for plumbing adequacy:

a.

All plumbing fixtures shall be in place and in good workable condition.

b.

The relief valve on the water heater shall have unthreaded three-quarter-inch drain pipe extended beneath the mobile home.

(3)

Trailers, mobile homes or used manufactured homes and buildings shall meet the following standards for heating system adequacy:

a.

All heating appliances shall be in place and in good and safe workable condition.

b.

All duct systems shall be in place and in good workable condition.

(4)

Trailers, mobile homes or used manufactured homes and buildings shall meet the following standards for electrical system adequacy:

a.

All shall comply with the provisions of Article 550 of the National Electrical Code.

b.

Distribution panel boards shall be properly installed, complete with required breakers or fuses, with all unused openings properly covered.

c.

All electrical fixtures shall be safe and properly installed.

(5)

All electrical outlets shall be of the grounded type.

(6)

All trailers, mobile homes or used manufactured homes and buildings shall have approved smoke detectors located outside of each sleeping area.

(e)

Certificate of inspection. Upon satisfactory completion of the inspection described in this section, receipt of a satisfactory written inspection report from a county or municipality of this state, satisfactory written certification from an engineer in accordance with subsection (c)(2) above, or the satisfactory written certification from a licensed mobile home dealer, the city building official shall issue a permit authorizing transportation and installation of the trailer, mobile home, manufactured home or used manufactured home or building. Provided however no such permit shall be issued until the site on which the unit is to be place is determined by the building official to be in compliance with all provisions of this Code. All permits shall be issued until the site on which the unit is to be placed is determined by the building official to be in compliance with all provisions of this Code. All permits shall be valid only for the site inspected. Any subsequent relocation of the trailer, mobile home, manufactured home or used manufactured home or building shall require another inspection and permit prior to removal or transportation.

(f)

Minimum code review required. Any building or structure used or intended to be used for human habitation or the storage of materials associated with human habitation not otherwise reviewed in accordance with this section shall be inspected to ensure that they comply with basic minimum standards prior to the installation, connecting or provision of utilities in accordance with the provisions of the Florida Building Code. See Code section 66-10. A certificate of inspection shall be issued by the building official, or as other applicable provisions of this Code shall apply.

(Ord. No. 1203, § 2, 2-4-2020)

Any agency of municipal, county, state or federal government may utilize a mobile home, manufactured home, recreational vehicle, or other type of trailer for temporary purposes in the City of Okeechobee, providing such uses shall not be or include a residential or dwelling use. On governmentally owned land within the city by any county, state, or federal government may utilize a mobile home, manufactured home or recreational vehicle for residential uses, subject to a showing that all other applicable regulations, such as those on health and sanitation, have been met.

(Ord. No. 1203, § 2, 2-4-2020)

(a)

Use of a dwelling. No recreational vehicle as defined in Code section 66-1, shall be used for dwelling purposes within the City of Okeechobee unless located within a licensed recreational vehicle park, subdivision, or campground.

(b)

Appurtenances to recreation vehicles. Upon application and receipt of a permit from the general services department appurtenances such as garages, carports, Florida rooms, screened rooms, sun rooms, greenhouses, cabanas, or patios (excluding kitchen and cooking facilities) may be placed along with any recreational vehicle unless specifically prohibited in subsection (c) below.

In no event shall the combined square footage of all structures, including the recreational vehicle, exceed two, 100 square feet or a 60 percent lot coverage whichever is less, nor shall the total of all impervious surfaces exceed 70 percent lot coverage.

Unless prohibited by subsection (c) below, recreational vehicles may be placed on a foundation and tied-down as provided in the Florida Administrative Code provided they are fully skirted.

(c)

Exception to appurtenances and foundation. No foundations or external appurtenances shall be constructed or placed along with any camping trailer, truck camper, motor home, private motor coach or van conversion as defined in Code section 66-1.

(d)

Tie down of recreational vehicles. Any recreational vehicle stored or remaining on a site for longer than six months shall obtain a permit and be tied down utilizing approved straps and anchors. This subparagraph shall not be deemed to authorize the use of such vehicle for year round occupancy in violation of this Code. The city building official may require tie down of recreational vehicles that have not yet been located on a site for six months where:

(1)

The nature of extent of appurtenances would indicate a likelihood that the recreational vehicle will remain for greater than six months, or

(2)

The recreational vehicle is moved or relocated in such a manner that the intent of this subsection to provide for the public safety is evaded.

(e)

Use as a permanent residence. No recreational vehicle, regardless of size, extent or appurtenances or the fact that it is placed on a foundation, shall be used within the City of Okeechobee as a permanent residence as defined by F.S. § 196.012.

(Ord. No. 1203, § 2, 2-4-2020)

(a)

Storm shutters or storm panel systems permanently installed, hung, or attached to a commercial or residential structure which serve as protective coverings when closed in the event of a storm shall not remain in a closed/secured position so as to block windows or doors unless a hurricane or tropical storm warning or watch has been issued. In the event of the issuance of a hurricane or tropical storm warning or watch, storm shutters or storm panel systems are allowed to cover the window and/or door openings, but must be removed or opened, as applicable, within two weeks of the end of the storm event for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within four weeks of the end of the storm event for all other windows and doors.

(b)

Storm shutters or hurricane protection devices that are composed of removable panels shall not be installed so as to block windows or doors unless a hurricane or tropical storm warning or watch has been issued. In the event of the issuance of a hurricane or tropical storm warning or watch, storm shutters or hurricane protection devices are allowed to cover the window and/or door openings, but must be removed or opened, as applicable, within two weeks of the end of the storm event for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within four weeks of the end of the storm event for all other windows and doors.

(c)

Notwithstanding the above, residents who are planning to be away from the city may be permitted to install storm shutters, storm panels, or hurricane protection devices even when no storm warning or watch has been issued by providing notification to the city general services department. The notice shall include statements which certify that the residence will remain vacant during the resident's absence from the city and the exact duration of such vacancy. The notice form will be made available on the city website.

(d)

Nothing hereinabove shall be construed as to conflict with the Florida Building Code or the Florida Fire Prevention Code as administered by the appropriate city official(s).

(Ord. No. 1276, § 2, 9-5-2023)

(a)

Residential single-family one (RSF 1) zoning districts shall be permitted only on land designated as future land use category single-family residential in the comprehensive plan.

(b)

Uses in residential single-family one (RSF 1) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 320)

The following principal uses and structures are permitted in the RSF 1 district:

(1)

Single-family dwelling.

(2)

Public and private schools.

(3)

House of worship, on a lot at least five acres.

(4)

Open space.

(5)

Public facility or use.

(6)

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, 2013.

(LDR 1998, § 321; Ord. No. 1108, § 3, 3-18-2014)

The following uses and structures are permitted in the RSF 1 district after the issuance of a special exception use petition:

(1)

Boardinghouse.

(2)

Bed and breakfast establishments with six or fewer sleeping rooms.

(3)

Adult family care homes or assisted living facilities as provided by law.

(4)

Guesthouse, servant's quarters, or pool house, provided that the lot area shall be not less than 12,500 square feet.

(5)

House of worship, on a lot less than five acres.

(6)

Community center.

(7)

Indoor recreation.

(8)

Outdoor recreation.

(9)

Golf course.

(10)

Public utility.

(11)

Permitted uses in excess of 30 feet in height.

(LDR 1998, § 322; Ord. No. 781, § 1, 10-2-2001; Ord. No. 866, § 1, 8-17-2004; Ord. No. 1079, § 4, 1-17-2012)

Each permitted principal use and special exception use in the RSF 1 district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 323)

_____

(a)

Minimum lot area. Except where further restricted by these regulations for a particular use, minimum requirements for the RSF 1 district shall be as follows:

(b)

Minimum yard requirements. The minimum yard requirements in the RSF 1 district, except where a greater distance is required by yard setbacks, shall be as follows:

(c)

Maximum lot coverage by all buildings. Maximum lot coverage by all buildings in the RSF 1 district shall be as follows:

(d)

Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures in the RSF 1 district shall be as follows:

(e)

Single-family dwelling unit minimum living area. 1,000 square feet.

(LDR 1998, § 324; Ord. No. 1130, § 9, 1-19-2016; Ord. No. 1203, § 2, 2-4-2020)

_____

Additional regulations which shall apply to all uses in the RSF 1 district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 325)

(a)

Residential single-family two (RSF 2) zoning districts shall be permitted only on land designated as future land use category multifamily residential in the comprehensive plan.

(b)

Uses in residential single-family two (RSF 2) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 330)

The following principal uses and structures are permitted in the RSF 2 district:

(1)

Single-family dwelling, zero lot line single-family dwelling.

(2)

Public and private schools.

(3)

House of worship, on a lot of at least five acres.

(4)

Open space.

(5)

Public facility or use.

(LDR 1998, § 331)

The following uses and structures are permitted in the RSF 2 district after issuance of a special exception use petition:

(1)

Boardinghouse.

(2)

Bed and breakfast establishments with six or fewer sleeping rooms.

(3)

Adult family care homes or assisted living facilities as provided by law.

(4)

Guesthouse, servant's quarters, or pool house, provided that the lot area shall be not less than 12,500 square feet.

(5)

House of worship on a lot less than five acres.

(6)

Community center.

(7)

Indoor recreation.

(8)

Outdoor recreation.

(9)

Golf course.

(10)

Public utility.

(11)

Permitted uses in excess of 30 feet in height.

(LDR 1998, § 332; Ord. No. 781, § 2, 10-2-2001; Ord. No. 866, § 1, 8-17-2004; Ord. No. 1079, § 4, 1-17-2012)

Each permitted principal use and special exception use in the RSF 2 district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 333)

_____

(a)

Minimum lot area. Except where further restricted by these regulations for a particular use, the minimum requirements for lot area in the RSF 2 district shall be as follows:

(b)

Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RSF 2 district shall be as follows:

(c)

Maximum lot coverage by all buildings. Maximum lot coverage by all buildings in the RSF 2 district shall be as follows:

(d)

Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height of structures in the RSF 2 district shall be as follows:

(e)

Single-family dwelling unit minimum living area. 900 square feet.

(LDR 1998, § 334; Ord. No. 1079, § 5, 1-17-2012; Ord. No. 1203, § 2, 2-4-2020)

_____

Additional regulations which shall apply to all uses in the RSF 2 district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 335)

(a)

Residential mobile home (RMH) zoning districts shall be permitted only on land designated as future land use category single-family residential in the comprehensive plan.

(b)

Uses in residential mobile home (RMH) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 340)

The following principal uses and structures in the RMH district are permitted:

(1)

Mobile home subdivision, with one mobile home per lot.

(2)

Mobile home park, with one mobile home per site (each site meeting the lot and site area requirements of section 90-165(2)(a)).

(3)

Hurricane shelter.

(4)

Public and private schools.

(5)

House of worship, on a lot of at least five acres.

(6)

Open space.

(7)

Public facility or use.

(8)

Site-built or modular single-family homes.

(9)

Mobile homes and single-family homes on undersized lots that have existed since November 17, 2020.

(LDR 1998, § 341; Ord. No. 997, § 1, 9-19-2007; Ord. No. 1218, § 2, 11-17-2020)

The following uses and structures are permitted in the RMH district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval:

(1)

Adult family care homes or assisted living facilities as provided by law.

(2)

Day care center.

(3)

House of worship on a lot less than five acres.

(4)

Recreation vehicle park for transient recreation use only.

(5)

Community center.

(6)

Indoor recreation.

(7)

Outdoor recreation.

(8)

Golf course.

(9)

Public utility.

(LDR 1998, § 342; Ord. No. 781, § 3, 10-2-2001; Ord. No. 866, § 1, 8-17-2004)

Each permitted principal use and special exception use in the RMH district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 343)

_____

Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows:

(LDR 1998, § 344; Ord. No. 997, § 1, 9-19-2007; Ord. No. 1203, § 2, 2-4-2020; Ord. No. 1218, § 3, 11-17-2020)

_____

Additional regulations which shall apply to all uses in the RMH district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 345)

Editor's note— Ord. No. 1203, § 2, adopted Feb. 4, 2020, repealed §§ 90-167—90-172, which pertained to standards for single-family dwelling units; dwelling foundations; appearance and design standards; minimum code compliance review; governmental use; and recreational vehicles, and derived from Ord. No. 846, § 1(Exh. A), adopted Jan. 6, 2004 and Ord. No. 1087, § 1, adopted July 17, 2012.

(a)

Residential multiple-family (RMF) zoning districts shall be permitted only on land designated as future land use category multifamily residential in the comprehensive plan.

(b)

Uses in residential multiple-family (RMF) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 350)

The following principal uses and structures are permitted in the RMF district:

(1)

Single-family dwelling, zero lot line single-family dwelling.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Public and private schools.

(5)

House of worship, on a lot of at least five acres.

(6)

Open space.

(7)

Public facility or use.

(8)

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, 2013.

(LDR 1998, § 351; Ord. No. 1108, § 4, 3-18-2014)

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.

(LDR 1998, § 352; Ord. No. 866, § 1, 8-17-2004; Ord. No. 1079, § 4, 1-17-2012; Ord. No. 1130, § 2, 1-19-2016)

The city, in the interest of aesthetics, health, safety and welfare of the general population, deems it desirable and necessary to define and set forth the minimum requirements to obtain a special exception for residential migrant housing facilities in the RMF district as follows:

(1)

Any application for special exception for residential migrant housing facility shall also include the additional information of this section.

(2)

The applicant shall submit a site plan which shall include floor plans showing the size and dimensions of all rooms, and list the maximum number of persons who may occupy each structure pursuant to the provisions of F.S. § 381.008, or other applicable state or federal provisions. Such application shall include a state permit to operate a migrant housing facility pursuant to F.S. § 381.0081.

(3)

The owner of the facility shall submit an affidavit stating that the facility shall be inhabited solely by individuals and their families who are migrant farm workers employed in active agricultural operations, together with the name and location of such operation; and that the facility shall not be inhabited on a yearround basis, except that single individual or family may occupy the facility yearround if they act as caretakers under a contract therefor with the owner.

(4)

The facility shall not house a number of persons in excess of dwelling unit densities for affordable housing set out in section 90-76.

(5)

No migrant facility shall be located closer than one mile from any other licensed migrant facility, and no migrant facility shall be located within 1,000 feet of any church or school.

(6)

Any migrant facility shall comply with all other regulations and land use regulations for density, setbacks or other requirements of this zoning classification.

(LDR 1998, § 352)

Each permitted principal use and special exception use in the RMF district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 353)

_____

Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMF district shall be as follows:

(LDR 1998, § 354; Ord. No. 1079, § 5, 1-17-2012; Ord. No. 1203, § 2, 2-4-2020)

_____

Additional regulations which shall apply to all uses in the RMF district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 355)

(a)

Commercial professional and office (CPO) zoning districts shall be permitted only on land designated as future land use category commercial in the comprehensive plan.

(b)

Uses in commercial professional and office (CPO) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 360)

Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three-quarters ton capacity shall be used, the following principal uses and structures are permitted in the CPO district:

(1)

Professional office, business office, medical office.

(2)

Funeral home.

(3)

Storefront church located in a unit in a multi-use building or shopping center.

(LDR 1998, § 361; Ord. No. 1070, § 2, 1-18-2011)

The following uses and structures are permitted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval:

(1)

Day care center.

(2)

Personal service and dry cleaning on premises.

(3)

Cafe.

(4)

Business school.

(5)

Private club.

(6)

House of worship.

(7)

Public facility and use.

(8)

Public utility.

(9)

Permitted uses in excess of 45 feet in height.

(10)

Adult family care homes, assisted living facility as defined in F.S. § 429.02(5).

(11)

Free-standing drive-up ATM which is owned and operated by a bank or other financial institution with an office located Okeechobee County.

(12)

One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use.

(13)

Pawnshop.

(14)

MFDV.

(LDR 1998, § 362; Ord. No. 1008, § 1, 2-19-2008; Ord. No. 1115, § 1, 10-21-2014; Ord. No. 1127, § 2, 9-28-2015; Ord. No. 1170, § 4, 10-2-2018; Ord. No. 1185, § 2, 8-6-2019; Ord. No. 1272, § 3, 7-18-2023)

Each permitted principal use and special exception use in the CPO district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 363)

_____

Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the CPO district shall be as follows:

(LDR 1998, § 364)

_____

Additional regulations which shall apply to all uses in the CPO district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 365)

(a)

Light commercial (CLT) zoning districts shall be permitted only on land designated as future land use category commercial in the comprehensive plan.

(b)

Uses in light commercial (CLT) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 370)

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.

(LDR 1998, § 371; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1119, § 2, 2-17-2015; Ord. No. 1130, § 3, 1-19-2016; Ord. No. 1163, § 1, 1-16-2018; Ord. No. 1281, § 3, 12-5-2023)

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, and bar.

(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, provided that the dwelling unit is located either above or behind the ground floor commercial use.

(16)

Group home.

(17)

Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5).

(18)

Nursing homes.

(19)

Taxidermist.

(20)

Free-standing drive-up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County.

(21)

Alcohol and drug rehabilitation center/detox center.

(22)

Recovery center/sober home.

(23)

Pawnshop.

(24)

MFDV.

(LDR 1998, § 372; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1008, § 2, 2-19-2008; Ord. No. 1067, § 1, 9-14-2010; Ord. No. 1079, § 6, 1-17-2012; Ord. No. 1119, § 3, 2-17-2015; Ord. No. 1127, § 3, 9-28-2015; Ord. No. 1130, § 4, 1-19-2016; Ord. No. 1170, § 5, 10-2-2018; Ord. No. 1185, § 3, 8-6-2019; Ord. No. 1272, § 3, 7-18-2023)

Each permitted principal use and special exception use in the CLT district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 373)

_____

Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the CLT district shall be as follows:

(LDR 1998, § 374)

_____

Additional regulations which shall apply to all uses in the CLT district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 375)

(a)

Heavy commercial (CHV) zoning districts shall be permitted only on land designated as future land use category commercial in the comprehensive plan.

(b)

Uses in heavy commercial (CHV) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 380)

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.

(7)

Hotel, motel.

(8)

Private club, nightclub and bar.

(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.

(18)

Pawnshop.

(LDR 1998, § 381; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1079, § 6, 1-17-2012; Ord. No. 1119, § 4, 2-17-2015; Ord. No. 1130, § 5, 1-19-2016; Ord. No. 1163, § 1, 1-16-2018; Ord. No. 1170, § 6, 10-2-2018; Ord. No. 1185, § 4, 8-6-2019; Ord. No. 1281, § 3, 12-5-2023)

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, provided that the dwelling unit is located either above or behind the ground floor commercial use.

(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. § 429.02(5).

(22)

Nursing homes.

(23)

Free-standing drive-up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County.

(24)

Alcohol and drug rehabilitation center/detox center.

(25)

Convenience store with fuel pumps.

(26)

Retail pool supplies and equipment (including storage of chemicals for use and/or retail sale).

(27)

Water treatment services (including storage of chemicals for use and/or retail sale).

(28)

Pest control (including storage of chemicals for use and/or retail sale).

(29)

MFDV.

(LDR 1998, § 382; Ord. No. 867, § 1, 8-17-2004; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1008, § 3, 2-19-2008; Ord. No. 1067, § 2, 9-14-2010; Ord. No. 1127, § 4, 9-28-2015; Ord. No. 1130, § 6, 1-19-2016; Ord. No. 1170, § 7, 10-2-2018; Ord. No. 1272, § 3, 7-18-2023)

Each permitted principal use and special exception use in the CHV district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 383)

_____

Except where further restricted by these regulations for a particular use, the minimum requirements for lots and structures in the CHV district shall be as follows:

(LDR 1998, § 384)

_____

Additional regulations which shall apply to all uses in the CHV district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 385)

(a)

Central business (CBD) zoning districts shall be permitted only on land designated as future land use category commercial in the comprehensive plan.

(b)

Uses in central business (CBD) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 390)

The following principal uses and structures are permitted in the CBD 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.

(6)

Private club, nightclub, bar.

(7)

Craft studio.

(8)

Business school.

(9)

Commercial indoor recreation.

(10)

Commercial parking garage or lot.

(11)

Storefront church located in a unit in a multi-use building or shopping center.

(LDR 1998, § 391; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1163, § 1, 1-16-2018; Ord. No. 1185, § 5, 8-6-2019; Ord. No. 1281, § 3, 12-5-2023)

The following uses and structures are permitted in the CBD district after issuance or 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)

Radio, television or cable reception, transmission or operational facilities.

(4)

Mechanical and repair services.

(5)

House of worship.

(6)

Marina, dock, pier.

(7)

Public facility or use.

(8)

Public utility.

(9)

Permitted uses in excess of 45 feet in height.

(10)

One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use.

(11)

Outdoor vehicle sales lot.

(12)

Free-standing drive-up ATM which is owned and operated by a bank or other financial institution with an office located in Okeechobee County.

(13)

Pawnshop.

(14)

MFDV.

(LDR 1998, § 392; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1127, § 5, 9-28-2015; Ord. No. 1170, § 8, 10-2-2018; Ord. No. 1185, § 5, 8-6-2019; Ord. No. 1272, § 3, 7-18-2023)

Each permitted principal use and special exception use in the CBD district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 393)

_____

Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the CBD district shall be as follows:

(LDR 1998, § 394)

_____

The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements in section 90-315, such applicant may, in conjunction with the site plan review by the technical review committee, request a waiver of any such additional regulation.

Additional regulations which shall apply to all uses include but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory regulations.

(6)

Supplementary regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(9)

Building design guidelines.

(LDR 1998, § 395; Ord. No. 816, § 1, 2-4-2003; Ord. No. 1079, § 7, 1-17-2012)

(a)

Industrial (IND) zoning districts shall be permitted only on land designated as future land use category industrial in the comprehensive plan.

(b)

Uses in industrial (IND) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 400)

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)

Restaurant, take-out restaurant, cafe.

(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, 2013.

(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).

(33)

Pawnshop.

(34)

Bar.

(LDR 1998, § 401; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1079, § 8, 1-17-2012; Ord. No. 1108, § 5, 3-18-2014; Ord. No. 1130, § 7, 1-19-2016; Ord. No. 1163, § 1, 1-16-2018; Ord. No. 1185, § 6, 8-6-2019; Ord. No. 1281, § 3, 12-5-2023)

The following uses and structures are permitted in the IND district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval:

(1)

Manufacturing chemical or leather products.

(2)

Bulk storage of hazardous material and flammable liquid.

(3)

Salvage yard.

(4)

Other industrial uses not listed.

(5)

Reserved.

(6)

Crematory.

(7)

Fortuneteller.

(8)

Permitted uses in excess of 45 feet in height.

(9)

Outdoor vehicle sales lot.

(10)

Adult entertainment:

a.

Notwithstanding any other provision of this Code, adult entertainment establishments subject to article V, chapter 14 of subpart A of this Code may not be permitted in any area of the city except as permitted within the industrial district within the provisions and conditions of this Code.

b.

Distance minimums. In addition to subsection (10)a of this section, an adult establishment shall not be permitted to open, operate, or be enlarged so as to come within the following distances:

1.

One thousand feet of a permitted, preexisting adult entertainment establishment;

2.

One thousand feet of a preexisting commercial establishment that in any manner sells or dispenses alcoholic beverages for on-premises or off-premises consumption;

3.

One thousand feet of a preexisting religious institution;

4.

One thousand feet of a preexisting educational institution, or library;

5.

Five hundred feet of an area zoned for residential uses;

6.

One thousand feet of a park, whether improved or not;

7.

Two hundred feet of a preexisting government facility, and any halfway house.

(11)

Rehabilitation or half-way homes.

a.

That as provided 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 special exception use in industrial zoning categories, subject to the following restrictions.

b.

That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida.

c.

That such facility shall at no time house in excess of six sexual offenders, excluding employees and staff of the facility.

d.

That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry.

e.

That such facility shall not be located within 1,000 feet of school, public or private; a child care facility, church, public park, adult entertainment facility or a zoning district of RSF-1; RSF-2; RMF.

f.

That sexual offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court.

(12)

Nursing homes.

(13)

MFDV.

(LDR 1998, § 402; Ord. No. 743, § 1(11-80), 3-21-2000; Ord. No. 976, § 1, 2-20-2007; Ord. No. 1067, § 3, 9-14-2010; Ord. No. 1079, § 8, 1-17-2012; Ord. No. 1272, § 3, 7-18-2023)

Each permitted principal use and special exception use in the IND district is also permitted to have the customary accessory uses for that use.

(LDR 1998, § 403)

_____

Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the IND district shall be as follows:

(LDR 1998, § 404; Ord. No. 898, § 1, 7-19-2005)

_____

Additional regulations which shall apply to all uses in the IND district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 405)

(a)

Public use (PUB) zoning districts shall be permitted only on land designated as future land use category public facilities in the comprehensive plan.

(b)

Uses in public use (PUB) zoning districts shall be subject to the regulations of this division.

(LDR 1998, § 410)

The following principal uses and structures are permitted in the PUB district: public facility or use.

(LDR 1998, § 411)

Special exception uses in the PUB district are as follows:

(1)

Public utility.

(2)

Permitted uses in excess of 45 feet in height.

(3)

Group home.

(LDR 1998, § 412)

Each permitted principal use and special exception use in the PUB district is also permitted accessory uses for that use.

(LDR 1998, § 413)

_____

Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the PUB district shall be as follows:

(LDR 1998, § 414)

_____

Additional regulations which shall apply to all uses in the PUB district include, but are not limited to:

(1)

Concurrency regulations.

(2)

Parking and loading regulations.

(3)

Landscaping regulations.

(4)

Sign regulations.

(5)

Accessory use regulations.

(6)

Supplementary use regulations.

(7)

Environmental and stormwater regulations.

(8)

Utilities regulations.

(LDR 1998, § 415)

(a)

Defined. Provision is made for mixed-use planned unit development (PUD-M) zoning districts in which diverse residential, commercial, institutional or recreation uses may be brought together within a residential setting under a unified plan of development which is in the interest and general welfare of the public.

(b)

Purpose and intent. The PUD-M district is established to:

(1)

Encourage innovative creative designs;

(2)

Ensure enhanced open space and/or amenities and an improved living environment;

(3)

Encourage the use of land in accordance with its character and adaptability and to protect environmentally sensitive areas;

(4)

Promote and ensure high standards in layout, design and construction and greater compatibility in design and use between neighboring properties;

(5)

Ensure development of the site in a manner harmonious with surrounding areas and community facilities;

(6)

Provide for well located, clean, safe and pleasant developments of multiple uses within a residential setting include clustering of uses to maximize opens space and minimize strain upon transportation facilities; and

(7)

Provide for safe and efficient internal and external vehicular and non-vehicular traffic circulation.

(c)

Location. PUD-M zoning districts shall be permitted only on land designated as mixed-use residential in the comprehensive plan.

(d)

Petition submittal requirements and other requirements and conditions for rezoning to the PUD-M zoning district, and amendments to an approved PUD-M, shall be governed by the provisions of sections 90-428 through 90-433.

(e)

In addition to the requirements and limitations of sections 90-401 through 90-405, a PUD-M shall comply with all limitations and standards set forth in Policy 2.1 of the future land use element of the comprehensive plan.

(Ord. No. 989, § 1, 7-3-2007)

The following principal uses and structures are permitted in the PUD-M district:

(1)

Attached and detached single-family dwellings.

(2)

Zero lot line single-family dwellings.

(3)

Two-family dwellings.

(4)

Town homes.

(5)

Multiple-family dwellings.

(6)

Adult family care homes or assisted living facilities.

(7)

Day care center, nursing home.

(8)

Professional office, business office, medical office.

(9)

Retail store, retail service.

(10)

Restaurant, take-out restaurant, cafe.

(11)

Personal service, dry cleaner.

(12)

Mechanical and repair services.

(13)

Auto service station.

(14)

Private club, nightclub, bar.

(15)

Hotel, motel.

(16)

Craft studio.

(17)

Business school.

(18)

Commercial indoor recreation.

(19)

Outdoor recreation, commercial outdoor recreation, golf course.

(20)

Marina.

(21)

Community center.

(22)

School.

(23)

House of worship.

(24)

Public facility or use.

(25)

Open space.

(26)

Public utility.

(27)

Pawnshop.

(Ord. No. 989, § 1, 7-3-2007; Ord. No. 1185, § 7, 8-6-2019)

Each permitted principal use in the PUD-M district is also permitted to have accessory uses and structures that are customary and incidental to that use. Accessory uses and structures that are customary and incidental to residential development areas include, but are not limited to clubhouses, common meeting areas, recreation areas or recreation structures that may be provided as an amenity by the developer or owners.

(Ord. No. 989, § 1, 7-3-2007)

The dimensional standards for the PUD-M zoning district shall be as follows:

(1)

Minimum area. Minimum size of PUD-M zoning district shall be 30 contiguous acres under single ownership with a minimum frontage of 100 feet on a public street. Properties will be considered contiguous if they are separated only by public rights-of-way and no individual parcel is less than five acres in area.

(2)

Maximum overall density. Maximum overall density in a PUD-M district shall not exceed 7.5 dwelling units per gross acre.

(3)

Aggregate land use mix and density/intensity standards. All development within a PUD-M district shall comply with the mix of land uses; and density and intensity standards set forth in the following table:

⁽¹⁾ Floor Area Ratio

(4)

Maximum building dimension. The maximum dimension of any structure or group of attached structures shall not exceed 160 feet for any one building face.

(5)

Minimum perimeter setback. No building or structure shall be located closer than 20 feet to any perimeter boundary of the PUD-M district.

(6)

Minimum separation between structures and/or buildings.

a.

Residential buildings shall be separated from each other by a distance equal to not less than 12 feet.

b.

Nonresidential structures shall be separated from residential buildings by not less than 20 feet or the height of the nonresidential structure, whichever is greater.

(7)

Maximum lot coverage and impervious surface coverage. Maximum allowable lot coverage is 40 percent and the aggregate of lot coverage and impervious surface area is 60 percent of the gross land area of the PUD-M district.

(8)

Maximum height of structures. Allowable height in a mixed-use PUD-M district shall be determined after review of surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed. No building, structure, or part thereof shall exceed a total height of 45 feet, except as approved by special exception.

(9)

Open space requirement. A minimum of 40 percent of the PUD-M district area shall be reserved for landscaping and open space. The following uses may contribute to the open space requirements provided the minimum dimensions are met:

a.

Buffers and landscaped areas in off-street parking areas;

b.

Dry detention areas and existing or proposed bodies of water, including wet stormwater management areas, may count up to a maximum of 50 percent of the open space requirement;

c.

Golf course fairways may account for no more than 50 percent of the required open space.

d.

Active and passive recreation areas and public use areas such as playgrounds, golf courses, lake-beach frontage, nature trails, bike paths, pedestrian ways, tennis courts, swimming pools, plazas, atriums, courtyards and other similar areas count as open space as long as not more than 20 percent of the recreational or public area counted as open space consists of impervious surface;

e.

Areas must have a minimum dimension of at least ten feet (length and width) and comprise an area of not less than 200 square feet to count towards meeting the minimum open space requirement.

(10)

Improved recreation areas required.

a.

Except as set forth in subsection b, multi-family areas of five acres or more or multi-family developments containing 50 or more dwelling units; or, single-family, zero lot line single-family, or two-family developments containing 50 or more dwelling units and built on lots smaller than 6,250 square feet (12,500 square feet for duplexes) or developed at a density greater than five units per gross acre, shall provide an improved recreation/play area or areas that meet(s) the following standards:

1.

Said recreation area shall have at least 15 square feet of land area for each dwelling unit with two or more bedrooms;

2.

The minimum size for said recreation area shall be 750 square feet and the improved recreation area shall be located away from streets, lakes or canals or shall be fenced; and

3.

The improved recreation area shall be constructed in accordance with the U.S. Consumer Products Safety Commission guidelines.

b.

This requirement shall not apply to developments, or portions thereof, that are restricted by deed, notation on the face of the plat, or other recorded instrument which, in the opinion of the city attorney, limits occupancy within the development, or portion thereof, to adults.

(Ord. No. 989, § 1, 7-3-2007)

Additional regulations which shall apply to all uses in the PUD-M district include, but are not limited to:

(1)

Conditions, requirements, and standards contained in sections 90-428 through 90-433.

(2)

Utilities shall be placed underground in accordance with section 78-72.

(3)

All development shall be connected to central water and sewer.

(4)

Concurrency regulations.

(5)

Parking and loading regulations.

(6)

Landscaping regulations.

(7)

Sign regulations.

(8)

Accessory use regulations.

(9)

Supplementary use regulations.

(10)

Environmental and stormwater regulations.

(11)

Utilities regulations.

(Ord. No. 989, § 1, 7-3-2007)

(a)

Defined. A parcel to be planned and developed as a single entity containing one or more types of residential dwelling units. Appropriate recreational, public and semipublic uses may be included if such uses are primarily for the benefit of the residential development.

(b)

Purpose and intent. The PUD-R district is established to:

(1)

Encourage innovative creative designs;

(2)

Ensure enhanced open space and/or amenities and an improved living environment;

(3)

Encourage the use of land in accordance with its character and adaptability and to protect environmentally sensitive areas;

(4)

Promote and ensure high standards in layout, design and construction and greater compatibility in design and use between neighboring properties;

(5)

Ensure development of the site in a manner harmonious with surrounding areas and community facilities;

(6)

Provide for well located, clean, safe and pleasant residential developments that minimize strain upon transportation facilities; and

(7)

Provide for safe and efficient internal and external vehicular and non-vehicular traffic circulation.

(c)

Location. A PUD-R district is permissible only on tracts within areas designated on the future land use map in the comprehensive plan as residential single family or residential multi-family.

(d)

Petition submittal requirements and other requirements and conditions for rezoning to the PUD-R zoning district, and amendments to an approved residential PUD, shall be governed by the provisions of sections 90-428 through 90-433.

(Ord. No. 989, § 1, 7-3-2007)

(a)

Allowable uses in a PUD-R district located on lands designated residential single family on the future land use map include:

(1)

Detached single-family dwellings, zero lot line single-family dwellings.

(2)

Public facilities.

(3)

Accessory uses and structures that are customary and incidental to the primary residential use, including but not limited to clubhouses, common meeting areas, recreation areas or recreation structures that may be provided as an amenity by the developer or owners.

(4)

Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development.

(b)

Allowable uses in a PUD-R district located on lands designated residential multi-family on the future land use map include:

(1)

Detached single-family dwellings, zero lot line single-family dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Adult family care or assisted living facilities.

(5)

Public facilities.

(6)

Accessory uses and structures that are customary and incidental to the primary residential use, including but not limited to clubhouses, common meeting areas, recreation areas or recreation structures that may be provided as an amenity by the developer or owners.

(7)

Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development.

(Ord. No. 989, § 1, 7-3-2007; Ord. No. 1108, § 6, 3-18-2014)

The dimensional standards for the PUD-R zoning district shall be as follows:

(1)

Minimum parcel size: Five contiguous acres under single ownership with a minimum frontage of 100 feet on a public street. Properties will be considered contiguous if they are separated only by public rights-of-way and no individual parcel is less than two acres in area.

(2)

Maximum density: Maximum density allowable in the PUD-R zoning district shall be as follows:

^*1 Gross acreage in PUD (excluding public streets and rights-of-way existing prior to rezoning to the PUD-R district) divided by the total number of dwelling units.

(3)

Maximum height. Allowable height in developments in a PUD-R district shall be determined after review of surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed. No building, structure, or part thereof shall exceed a total height of 45 feet, except as approved by special exception.

(4)

Maximum building dimension. The maximum dimension of any structure or group of attached structures shall not exceed 160 feet for any one building face.

(5)

Minimum perimeter setback. No building or structure shall be located closer than 20 feet to any perimeter boundary of the PUD-R district.

(6)

Minimum separation between buildings. Buildings shall be separated from each other by a distance equal to not less than 12 feet.

(7)

Maximum lot coverage and impervious surface coverage. Maximum allowable lot coverage is 40 percent and the aggregate of lot coverage and impervious surface area is 60 percent of the gross land area of the PUD-R district.

(8)

Open space requirement. A minimum of 40 percent of the PUD-R district area shall be reserved for landscaping and open space. The following uses may contribute to the open space requirements provided the minimum dimensions are met:

a.

Buffers and landscaped areas in off-street parking areas;

b.

Dry detention areas and existing or proposed bodies of water, including wet stormwater management areas, may count up to a maximum of 50 percent of the open space requirement;

c.

Active and passive recreation areas and public use areas such as playgrounds, golf courses, lake-beach frontage, nature trails, bike paths, pedestrian ways, tennis courts, swimming pools, plazas, atriums, courtyards and other similar areas count as open space as long as a not more than 20 percent of the recreational or public area counted as open space consists of impervious surface;

d.

Areas must have a minimum dimension of at least ten feet (length and width) and comprise an area of not less than 200 square feet to count towards meeting the minimum open space requirement.

(9)

Improved recreation areas required.

a.

Except as set forth in subsection (b), multi-family areas of five acres or more or multi-family developments containing 50 or more dwelling units; or, single-family, zero lot line single-family, or two-family developments containing 50 or more dwelling units and built on lots smaller than 6,250 square feet (12,500 square feet for duplexes) or developed at a density greater than five units per gross acre, shall provide an improved recreation/play area or areas that meet(s) the following standards:

1.

Said recreation area shall have at least 15 square feet of land area for each dwelling unit with two or more bedrooms;

2.

The minimum size for said recreation area shall be 750 square feet and the improved recreation area shall be located away from streets, lakes or canals or shall be fenced; and

3.

The improved recreation area shall be constructed in accordance with the U.S. Consumer Products Safety Commission guidelines.

b.

This requirement shall not apply to developments, or portions thereof, that are restricted by deed, notation on the face of the plat, or other recorded instrument which, in the opinion of the city attorney, limits occupancy within the development, or portion thereof, to adults.

(Ord. No. 989, § 1, 7-3-2007)

Additional regulations which shall apply to all uses in the PUD-R district include, but are not limited to:

(1)

Conditions, requirements, and standards contained in sections 90-428 through 90-433.

(2)

Utilities shall be placed underground in accordance with section 78-72.

(3)

All development shall be connected to central water and sewer.

(4)

Concurrency regulations.

(5)

Parking and loading regulations.

(6)

Landscaping regulations.

(7)

Sign regulations.

(8)

Accessory use regulations.

(9)

Supplementary use regulations.

(10)

Environmental and stormwater regulations.

(11)

Utilities regulations.

(Ord. No. 989, § 1, 7-3-2007)

The following general standards shall be utilized in evaluating and establishing conditions for PUD-M and PUD-R zoning districts and in reviewing conceptual and final site plans:

(1)

Physical characteristics of the site. The property shall be suitable for development in the manner proposed without hazard to persons or property, on or off the site. Conditions of soil, groundwater level, drainage, and topography shall be appropriate to both type and pattern of use intended.

(2)

Compatibility and relationship to adjacent property. The approval process of development in PUD-M and PUD-R districts shall take into consideration the existing uses and development adjacent to the district. The development shall be designed and located so as to avoid incompatibility with adjacent development or land uses to the extent reasonably possible. This shall be determined by requiring the applicant/developer to provide documentation that the location, design, and final site plan, as reflected in the eventual PUD-M or PUD-R ordinance, will result in a development that is consistent with sound planning principles and complies with all applicable ordinances and land development regulations. The PUD-M and PUD-R zoning categories contemplate, contrary to traditional zoning categories, innovative design and land use, including a mix of uses, with amenities, recreation areas and common areas, and use of zero lot lines. Regardless, the approval process will address compatibility with neighboring zoning categories, including that the overall density, height and location of buildings and improvements, traffic flow, drainage and retention, and overall impact of a PUD-M or PUD-R project, should not materially affect the nature of land uses enjoyed on adjacent properties.

Developments in PUD-M or PUD-R districts shall include additional screening, buffering, transitional uses or other design features, as necessary, to adequately protect existing or probable uses of surrounding property.

Opaque durable fencing, masonry walls, or a vegetative screen that is continuous within one year after time of planting, shall be provided at the periphery of PUD-M and PUD-R districts to protect occupants from undesirable views, lighting, noise or other off-site influences, and to protect occupants of adjoining properties from similar adverse influences.

This provision gives consideration to the site's advantages and limitations, as well as the compatibility of the development to adjacent sites. The design of the site should consider all existing features, both natural and man-made, to determine those inherent qualities that give the site and surrounding area its character.

(3)

Access and internal circulation. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled access and turning movements and minimize hazards to vehicular and pedestrian safety. The interior circulation system shall be designed to provide for safe and efficient motorized and non-motorized (e.g., bicycles) vehicular and pedestrian movement, as appropriate to the character of the proposed development.

Vehicular access to streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner which minimizes friction and excessive interruptions, and promotes vehicular and pedestrian safety.

(4)

Streets, drives, parking and service areas. Streets, drives, parking and service areas shall provide safe and convenient access to all buildings and general facilities.

(5)

Natural and historic features. Developments in a PUD-M or PUD-R district shall be designed to preserve natural features of the land and historic resources, such as existing trees, natural topography, and historic and archeological sites, as much as possible. Natural resources and natural features may not be impaired or destroyed unless it is in the public interest to do so. In determining whether such action is in the public interest, the benefit which would reasonably be expected shall be balanced against the reasonably foreseeable detriments of the activity.

(6)

Density. Density shall not exceed maximums established in the comprehensive plan and shall be established after consideration of criteria in the comprehensive plan, neighborhood compatibility, and site design.

(7)

Screening of trash and refuse containers. All central refuse, trash and garbage collection containers, or those serving multiple dwelling units, shall be screened from sight or located in a such a manner so as not to be visible from any public area within or adjacent to the PUD-M or PUD-R district.

(Ord. No. 989, § 1, 7-3-2007)

A petition form provided by the city shall be filled out and submitted along with a written statement describing the nature and intent of the proposed development. The petition package shall include the following:

(1)

A professionally prepared conceptual site plan that conveys the general extent and character of the proposed development and that contains the following information:

a.

The title of the project and name of the developer, owner, and authorized agents;

b.

Areas of residential and nonresidential development;

c.

Location and extent of proposed open space;

d.

Location of proposed community or public uses (e.g., recreation areas, clubhouses, schools, houses of worship, etc.);

e.

Basic vehicular, pedestrian and other circulation systems;

f.

Proposed points and methods of access; and

g.

Anticipated phasing plans.

(2)

A summary table with the following information.

a.

Maximum number and type of residential units;

b.

Total land area, overall gross residential density and land area and density of each individual residential area;

c.

Total maximum square footage of each nonresidential use by type, land area and maximum square footage by type of nonresidential use for each distinct development area; and

d.

Approximate land area devoted to conservation, retention, recreation, parks, and other open space areas.

(3)

Surveys, drawings or other information sufficient to indicate the general proposed plan for drainage including out-falls and a written summary of the proposed drainage plan.

(4)

A list and description of any areas or facilities proposed to be dedicated for public use.

(5)

A phasing plan if applicable, including a time frame for the completion of each phase and for the entire development.

(6)

An "as built" map of the site indicating the boundaries of the subject property and indicating all streets, buildings, water courses and other important features.

(7)

A description, and a map identifying the location, of all environmentally sensitive lands, wetlands, significant areas of native vegetation, and wildlife habitat.

(8)

A preliminary traffic impact analysis and discussion of the availability or proposed construction of necessary transportation facilities by proposed phase to verify that adequate capacity currently exists or will exist prior to issuance of any certificates of occupancy.

(9)

A preliminary analysis on the impact on schools.

(10)

A discussion of the proposed or anticipated sources of potable water, sanitary sewer, solid waste disposal and other utilities and the availability of such utilities based on projected residential and nonresidential demand.

(11)

A list of required regional, state or federal permits or approvals.

(12)

Documentation demonstrating that new growth associated with the project will occur in an area where public facilities exist, are planned within the city or county five-year capital improvements plan, or are committed to through a developer agreement, or otherwise assured to be funded by the appropriate agency.

(13)

A fiscal impact study of the proposed project demonstrating net fiscal benefit to the city (PUD-M only).

(14)

Other written or graphic materials, such as architectural elevations, may be submitted to convey or clarify the nature, character, intent or other attributes of the proposed development.

(Ord. No. 989, § 1, 7-3-2007)

(a)

All plans, maps, surveys, documents and the like required as part of the petition may be submitted in large format or in binders where appropriate for review and presentation purposes, but shall also be submitted in a reproducible format for distribution to review bodies unless a sufficient number of copies is provided.

(b)

When provisions for phasing are included in the development plan, each phase of the development must be so planned and related to previous development phases, surrounding properties, and the availability of public facilities and services that failure to proceed with subsequent phases of the development will have no adverse impact on any completed phase or surrounding properties.

(c)

The city council may establish, in addition to concurrency requirements, reasonable periods of time for completing the project or phases thereof, including any dedicated public facilities that are part of the development.

(d)

If the review of construction plans, the review of a final traffic impact analysis or the process of obtaining required regional, state or federal permits results in a finding by the city that amendments to the planned development are necessary beyond those that may be approved administratively, including a failure to meet an established level of service, the development plan shall be resubmitted to the city for review and consideration of such amendments in the same manner in which the planned development was initially approved.

(Ord. No. 989, § 1, 7-3-2007)

When approved pursuant to the provisions of the land development regulations, the conceptual development plan and other materials and documents as are adopted by ordinance shall constitute an amendment to these regulations and the official zoning map. Development within a PUD-M or PUD-R district may occur only in conformity with the approved conceptual development plan unless amended as provided under section 90-433.

(Ord. No. 989, § 1, 7-3-2007)

(a)

The petition including the conceptual site plan, is reviewed by the building official/zoning administrator for completeness in accordance with section 70-334. When the petition is deemed complete, the formal substantive review process begins.

(b)

The technical review committee (TRC) reviews the conceptual plan and forwards its report and recommendations to the planning board in accordance with section 70-102.

(c)

The planning board reviews the petition for rezoning, including the conceptual site plan in accordance with section 70-152(3). This review is conducted at a public hearing [per section 70-335(3)] and the planning board's recommendation is forwarded to the city council for consideration.

(d)

The city council considers the petition for rezoning. If the rezoning is approved, the site plan review process is initiated.

(e)

The applicant submits the final site plan, accompanied by the more detailed information and drawings required for this review. TRC reviews the final site plan and approves, approves with changes or conditions, or denies the petition for site plan approval. If there are additional aspects of the site plan requiring approval by another body, such as variances or requests for exception to the parking regulations, the site plan is forwarded to the board of adjustment and/or city council, as appropriate, for final disposition.

(Ord. No. 989, § 1, 7-3-2007)

A planned development approved as part of a rezoning to the PUD-M or PUD-R zoning districts, may be amended in the same manner in which it was initially approved; provided, however, that a minor amendment may be approved administratively by the city administrator after review and approval by the TRC. The city administrator, at his discretion, may direct that a minor amendment be considered in the same manner as the development plan was initially approved. A minor amendment is defined as follows:

(1)

Any decrease in the total square footage, density or intensity in the approved development plan;

(2)

Internal realignment of rights-of-way, other than a relocation of access points to the planned development itself, where there is no net reduction in the size of conservation, preservation or required open space areas or easements;

(3)

Relocation of building envelopes where there is nor encroachment upon required conservation, preservation or required open space areas or easements and no reduction in the setbacks between buildings or from perimeter boundary lines;

(4)

Relocation of swimming pools, clubhouses, or other recreation or other common facilities when such relocation will have no net impact on adjacent properties or land uses, and do not encroach upon required conservation or preservation areas or required easements; and,

(5)

Relocation, reduction, or reconfiguration of lakes, ponds, or other water facilities subject to the submittal and approval of revised water management plans.

(Ord. No. 989, § 1, 7-3-2007)

(a)

There are, within the city, parcels of land or ownerships (even though technically subdivided) that are presently undeveloped or used for agricultural purposes and were formerly zoned holding, a zoning district no longer in existence. The city wishes to preserve the potential for limited agricultural use on these properties through creation of the RH district.

(b)

The RH zoning district may be applied only to lands designated single-family residential, multifamily residential, mixed-use residential, and industrial on the future land use map of the comprehensive plan.

(c)

Uses in the RH district shall be subject to the regulations of this division.

(Ord. No. 1108, § 2, 3-18-2014)

The following principal uses and structures are permitted in the RH district:

(1)

Detached single-family dwellings.

(2)

Limited agricultural uses and associated structures for the commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale.

(3)

Notwithstanding the limitations set forth in subsection (2), above, agricultural uses of a commercial nature on properties on which there is an active agricultural exemption granted by the Okeechobee Property Appraiser not later than September 19, 2013.

(Ord. No. 1108, § 2, 3-18-2014)

The following uses and structures are permitted in the RH district after the issuance of a special exception use petition.

(1)

Permitted uses in excess of 30 feet in height.

(2)

Reserved.

(Ord. No. 1108, § 2, 3-18-2014)

Each permitted principal use and special exception use in the RH district is also permitted to have the customary accessory structures uses for that use.

(Ord. No. 1108, § 2, 3-18-2014)

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(Ord. No. 1108, § 2, 3-18-2014)

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