The purpose of this article is to provide mechanisms for obtaining relief from the provisions of this Code where hardship would otherwise occur. Two forms of hardship are addressed: (1) part 11.01.00 addresses hardship that would be caused if nonconforming development were required to immediately come into compliance with this Code and (2) part 11.03.00 addresses the hardship that may be caused in particular cases by the imposition of the code's development design standards. This article also addresses "vesting" of certain rights to develop or continue property as well as the categories and requirements for obtaining a special exception.

Within the districts established by this Code or amendments that may later be adopted there may exist (a) lots, (b) structures, (c) uses of land or water and structures, and (d) characteristics of use which were lawful before this Code was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments. It is the intent of this Code to permit these nonconformities to continue until they are voluntarily removed or removed as required by this Code, but not to encourage their survival. It is further the intent of this Code that nonconformities shall not be enlarged upon, expanded, intensified, or extended.

Nonconforming uses are declared by this Code to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure and land or water in combination shall not be extended or enlarged after the effective date of this Code or amendments thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

Nonconforming development is development that does not conform to the use regulations in article II and/or the development design and improvement standards in article VII.

Subject to the provisions below for terminating nonconforming development, such development may, if otherwise lawful and in existence on the date of enactment of this Code, remain in use in its nonconforming state.

A.

Nonconforming lots of record.

1.

Lots of record created prior to July 23, 1979:

a.

In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record existing before July 23, 1979, notwithstanding limitations imposed by other provisions of this Code. Such lot must be in separate ownership and not contiguous to other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or frontage or any combination of the three that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, or width, or frontage of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and requirements other than those applying to area, width, and frontage shall be obtained only through action of the board of adjustment. If, however, the lot has insufficient frontage as defined in section 7.03.04F, then proof of recorded legal ingress and egress acceptable to the county attorney must be furnished before a building permit will be issued except for nonresidential accessory structures in the A agriculture zoning district.

b.

If two or more lots or combinations of lots and portions of lots which are contiguous to other lots in single ownership are of record on July 23, 1979, and if all or part of the lots do not meet the requirements established for lot width and area or frontage, the lands involved shall be considered to be an undivided parcel for the purposes of this Code. This subsection shall not be construed to relieve the owner of multiple, contiguous lots of record from marshalling and combining such number of lots of record necessary to meet the requirements of this Code.

2.

Lots of record created between July 23, 1979 and April 2, 1992. In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record created in accordance with the requirements of, or exempt from, the Okeechobee County Zoning Ordinance (74-1) and the Okeechobee County Subdivision Ordinance (79-6) between July 23, 1979 and April 2, 1992, notwithstanding limitations imposed by other provisions of this Code. If the lot of record was created in violation of the requirements of Okeechobee County Zoning Ordinance (74-1) or Okeechobee County Subdivision Ordinance (79-6), the provisions of subsections 1a and 1b, above, shall govern.

3.

No division of a lot or parcel shall be made after the effective date of this Code which creates a lot or parcel of area or width below the requirements herein stated or which diminishes compliance with this Code.

B.

Nonconforming uses (minor structures). Where, at the effective date of adoption or amendment of this Code, lawful use of lands or waters exists which would not be permitted under this Code, and where such use involves no individual permanently fixed structure with a replacement cost exceeding $1,000.00 and no combination of permanently fixed structures with a combined replacement cost exceeding $4,000.00, the use may be continued, so long as it remains otherwise lawful, provided:

1.

No such nonconforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land or water than was occupied at the effective date of adoption or amendment of this Code.

2.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Code.

3.

If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than six consecutive months or for more than 12 months during a two-year period, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

4.

No land in nonconforming use shall be subdivided, nor shall any structures be added on such land except for the purposes and in a manner conforming to the regulations for the district in which such land is located.

C.

Nonconforming uses (major structures). Where, at the effective date of adoption or amendment of this Code, lawful use of structures, or of structures and premises in combination exists involving an individual, permanently fixed structure with a replacement cost at or exceeding $1,000.00 or a combination of permanently fixed structures with a replacement cost at or exceeding $4,000.00, such use may be continued so long as it remains otherwise lawful, provided:

1.

Enlargement, extension, alteration, etc., of structures. No existing structure devoted to a use not permitted by this Code in the district in which such use is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Extension of use in building manifestly designed for such use. Any nonconforming use may be extended throughout any parts of a building which were manifestly designed or arranged for such use at the effective date of adoption or amendment for this Code. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the effective date of adoption or amendment of this Code.

3.

Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use.

4.

Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided the board of adjustment shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the intent and purpose of this Code.

5.

Change to conforming use requires future conformity with district regulations. Any structure, or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted.

6.

Discontinuance. If any nonconforming use of a structure, or structure and premises in combination, ceases for any reason (except where governmental action impedes access to the premises) for a period of more than six consecutive months, or for 18 months during any three-year period, any subsequent use shall conform to the regulations for the district in which the use is located.

7.

Subdivision or structural additions. Where major structures and premises are used for nonconforming purposes as of the effective date of adoption or amendment of this Code, said premises or structure shall not be subdivided, nor shall any structures be added on such premises, except for purposes and in a manner conforming to the regulations for the district in which such premises are located.

8.

Destruction or removal of major structure or structures. Where nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structures shall eliminate the nonconforming status of the land. "Destruction" of the structure for purposes of the subsection is hereby defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction. Upon removal or destruction as set out in this paragraph, the use of land and structures shall thereafter conform to the regulations for the district in which such land is located. This section shall specifically prohibit the replacement of a lawfully nonconforming manufactured home, mobile home or trailer other than in conformity with all provisions of this Code.

D.

Increasing or intensifying nonconformity. If characteristics of use, such as signs, off-street parking or off-street loading, or other matters pertaining to the use of land, structures, and premises are made nonconforming by this Code, as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations herein set out; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.

E.

Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 15 percent of the current assessed valuation of the structure (or of the nonconforming portion of the structure if a nonconforming portion of a structure is involved), provided that the cubic content of the structure existing at the date it becomes nonconforming shall not be increased.

F.

Nonconforming structures unsafe because of lack of maintenance. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the County of Okeechobee to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

G.

Nonconforming structures unsafe for reasons other than lack of maintenance. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of the County of Okeechobee charged with protecting the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 11.01.03C or 11.01.03E, as the case may be, shall apply.

H.

Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

I.

Uses under special exception provisions not nonconforming uses. Any use which is permitted as a special exception in a district under the terms of this Code shall not be deemed a nonconforming use in such district, but shall without further action be deemed a conforming use in such district.

J.

Off-street parking: Nonconforming use. See section 7.04.01A.

It is the intent of this part to set forth the regulations necessary to implement an official zoning map that is consistent with the future land use element of the Okeechobee County comprehensive plan and that implements this Code. The regulations provide the process for the comprehensive rezoning of Okeechobee County in accordance with the mandate of F.S. § 163.3182 et seq. Recognizing the impact of this process on the citizens of Okeechobee County, it is a fundamental objective of this section to provide for effective public participation in the zoning conformance process. In the preparation and amendment of the proposed official zoning map, it is intended that county staff recognize, to the extent feasible, existing zoning and land uses that are consistent with the future land use map of the Okeechobee County comprehensive plan.

It is further the intent of this part to provide a process to determine whether a person has a vested right to continue a development which is not consistent with the parameters of the Okeechobee County comprehensive plan and this Code.

A.

Consistency matrix. The consistency matrix set forth below shall be used to determine consistency of the existing zoning districts in the zoning code with the future land use element of the Okeechobee County Comprehensive Plan. Any zoning district that is not consistent with the future land use map of the Okeechobee County Comprehensive Plan according to the consistency matrix, shall not be applied for, permitted, or approved. All requests for changes in zoning districts shall also be required to meet the standards of review set out in this Code as determined by the board of county commissioners that are consistent with the future land use element of the Okeechobee County Comprehensive Plan. Where the maximum density potentially permissible within a zoning district is greater than the maximum density permissible by a future land use classification, the maximum density (or minimum lot size) as established by the future land use classification shall prevail.

_____

LAND USE CONSISTENCY MATRIX

¹ Permitted Principal Uses Only

KEY

_____

B.

Comprehensive rezoning required. Any zoning district that is inconsistent with the Okeechobee County comprehensive plan shall be subject to a comprehensive zoning district amendment (rezoning) in order to bring it into compliance with the Okeechobee County comprehensive plan.

C.

Notice of zoning conformance. Notice of the public hearing for the comprehensive rezoning shall be published in accordance with F.S. § 125.66(5)(b).

(Ord. No. 94-8, § 1 (11.02.01A), 10-5-94; Ord. No. 95-1, § 1 (11.02.01A), 6-8-95; Ord. No. 96-03, § 1, 4-11-96; Ord. No. 99-08(Exh. A), 8-12-99; Ord. No. 2003-08, § 4, 11-20-03; Ord. No. 2003-04, § 1(Exh. A), 4-10-03; Ord. No. 2005-12, § 4(Exh. A), 7-28-05)

A.

Introduction. In recognition of the fact that certain land development rights of property owners may be vested with respect to the Okeechobee County comprehensive plan and this Code, this section sets forth a procedure for the determination of vested rights. Any person claiming vested rights to develop property shall make application for a vested rights special use permit pursuant to this section.

B.

Determination of vested rights.

1.

An application for a vested rights special use permit shall be approved and a vested rights special use permit issued if an applicant has demonstrated rights that are vested under the standards of section 11.02.02D. Possession of a vested rights special use permit shall enable a permittee to complete the development approved under such permit up to and through issuance of appropriate certificates of occupancy, subject to the limitations set forth in section 11.02.02F and subject to compliance with such laws and regulations against which the development is not vested.

2.

An application for vested rights special use permit may be submitted to the director of planning and development after the effective date of this Code.

3.

An application for a vested rights special use permit shall be filed by September 1, 1993. Failure to file an application within the required period will constitute an abandonment of any claim to vested rights. Judicial relief will not be available unless administrative remedies set forth in this section are exhausted, including the appeal of a vested rights determination to the board of county commissioners.

C.

Application for a vested rights special use permit.

1.

An application for vested rights special use permit shall be submitted to the director of planning and development on forms provided by the director. After receipt of the application, the director shall determine whether it is complete within 15 working days. Insufficient applications shall be returned to the applicant specifying the deficiencies. The director shall take no further action on the application unless the deficiencies are remedied.

2.

Within 20 working days after receipt of a completed application for a vested rights special use permit, the director of planning and development shall review and evaluate the application in light of all of the criteria in this section. Based on the criteria, the director shall approve, approve with conditions or deny the application for vested rights special use permit. The determination shall be in writing and shall include findings of fact for each of the applicable criteria.

D.

Standards for vested rights. An application for a vested rights special use permit shall be approved if the applicant has demonstrated all of the following:

1.

The applicant:

a.

As to vesting for the Okeechobee County comprehensive plan, owned the property proposed for development on April 2, 1992;

b.

As to vesting for any comprehensive plan amendments, owned the property prior to the date of such amendment; or

c.

Entered into a contract or option to purchase the property on or before such date; or

d.

Presents facts such that it would be inequitable, unjust or fundamentally unfair to deny an application for a vested rights special use permit where the applicant acquired ownership after such date; and

2.

There was a valid, unexpired act of an agency or authority of Okeechobee County other than an existing future land use map designation or an existing zoning designation upon which the applicant reasonably relied in good faith; and

3.

The applicant, in reliance upon the valid, unexpired act of government, has made a substantial change in position or has incurred extensive obligations or expenses; and

4.

It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant. In making this determination, Okeechobee County shall consider a number of factors, including but not limited to:

a.

Whether construction or other development activity has commenced and is continuing in good faith.

b.

Whether the expense or obligation incurred cannot be substantially utilized for a development permitted by the Okeechobee County comprehensive plan and this Code.

5.

The following are not considered development expenditures or obligations in and of themselves:

a.

Expenditures for legal and other professional services that are not related to the design or construction of improvements.

b.

Taxes paid.

c.

Expenditures for acquisition or financing costs of the land.

E.

Presumptive vesting.

1.

Final development orders.

a.

Notwithstanding the criteria set forth in section 11.02.02D above, possession of a valid unexpired final development order shall presumptively vest the development approved under such permit:

(1)

For the purposes of the comprehensive plan if the final development order was issued prior to April 2, 1992;

(2)

For the purposes of this Code adopted to implement the plan and the concurrency provisions of article V if the final development order was issued prior to the effective date of this Code;

(3)

For purposes of any comprehensive plan amendments, if the final development order was issued prior to such amendments.

b.

Such valid approvals or permits shall, in and of themselves, constitute sufficient evidence of compliance with the standards set forth in section 11.02.02D. Verification of such approvals or permits shall be made by the director of planning and development. If verified, the director shall issue the vested rights special use permit.

2.

Building permit applications for a single-family residence on a lot of record. Building permit applications for a single-family residence on a lot of record shall be presumptively vested from the provisions of the comprehensive plan, the land development code as to density and use but not as to the concurrency provisions of article V. A building permit application for a single-family residence on a lot of record shall not be subject to the limitations set out in section 11.02.02F.

3.

Developments of regional impact adopted on or before April 2, 1992.

a.

Any lawfully issued and effective final development order for a development of regional impact adopted on or before April 2, 1992 shall automatically qualify for a vested rights special use permit unless the development order:

(1)

Indicates otherwise;

(2)

Expired according to its terms;

(3)

Has not expired according to its terms and construction authorized by the development order has not commenced within five years of the adoption date of the development order; or

(4)

Fails to address an issue listed in the development order, in which event the provisions of the comprehensive plan and this Code shall apply only to that issue that was not addressed but shall not apply to other issues specifically addressed in the development order; or

(5)

Is invalidated in whole or in part.

b.

In lieu of section 11.02.02F1 and 2 below, such vesting shall continue until development approved in the development order is complete or until the development order has expired or is invalidated. Any substantial deviation after April 2, 1990 shall cause those development rights that are the subject of such deviation to become subject to the comprehensive plan and this Code.

c.

The approved final development order for a development of regional impact shall, in and of itself, constitute sufficient evidence of compliance with the standards set forth in section 11.02.02D. Verification of such approvals or permits shall be made by the director of planning and development. If verified, the director shall issue the vested rights special use permit.

F.

Limitations on determination of vested rights.

1.

Upon the expiration of five years after the issuance of a vested rights special use permit, the issuance of development permits for the property subject to the vested rights special use permit shall be subject to the requirements of all current regulations. In the foregoing, the vested rights special use permit may set forth an extension of the five-year period upon finding by the director of planning and development or the board of county commissioners of the necessity for an extension of such time period.

2.

Commencing with the expiration of two years after the issuance of a vested rights special use permit, an annual report shall be submitted to the director of planning and development by the developer or owner of the subject property. Annual reports shall be submitted on forms provided by the director and shall be due on each annual recurrence of the permit issuance date. The annual report shall evidence that development has commenced and is continuing in good faith. Significant physical development or receipt by the applicant of one or more of the following types of permits or approvals in each reporting year shall constitute sufficient evidence for the subject year:

a.

Building permit;

b.

Site plan approval or not more than one renewal of each site plan approval;

c.

Final plan approval for a planned development;

d.

Final plat approval;

e.

Such other permits or approvals as shall evidence that development has commenced and is continuing in good faith.

Failure to proceed with significant physical development activity or to obtain one of the foregoing approvals or permits in any reporting year, or failure to file an annual report when due, shall cause the development subject to the vested rights special use permit to become subject to the requirements of the concurrency provisions of article V. A determination by the director of planning and development of a permittee's failure to proceed may be appealed to the board of adjustment. In addition, the director may grant an extension of time to file the required annual report upon showing by the applicant, or successor, that strict enforcement would cause undue hardship because of circumstances beyond the applicant's or successor's control. Requests for extensions shall be submitted to the director of planning and development 30 days prior to the due date for the annual report.

3.

All development subject to a vested rights special use permit must be consistent with the terms of the development order upon which the vested rights special use permit was based. Any substantial deviation from a prior approval, except a deviation required by governmental action, shall cause the development involved to be subject to the policies and implementing decisions and regulations set forth in all current regulations. The director of planning and development shall determine whether a proposed change is a substantial deviation in light of the following criteria:

a.

Any change in use or intensity of use that would increase the developer's impacts on those public facilities subject to article V by more than five percent shall be presumed to be a substantial deviation.

b.

Any change in access to the project that would increase the development's transportation impacts by more than five percent on any road subject to article V shall be presumed to be a substantial deviation unless the access change would result in an overall improvement to the transportation network.

c.

A vested rights special use permit shall apply to the land and is therefore transferrable from owner to owner of the land subject to the permit.

d.

Anything in this section to the contrary notwithstanding, a vested rights special use permit may be revoked upon a showing by the county of a peril to public health, safety or general welfare of the residents of Okeechobee County unknown at the time of approval.

Fees for receipt and review of a vested rights petition shall be as described in appendix A to this Code.

A variance is a relaxation of the terms of this Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship on the applicant. An argument that compliance with this Code will be more expensive is not a valid reason in and of itself to grant a variance. Neither shall a variance be granted to evade or frustrate the clear intent of this Code. A variance is authorized only as to physical requirements of this Code such as height, area, and size of structure or size of yards, buffers and open spaces. Establishment or expansion of a use or density otherwise prohibited or not permitted shall not be allowed by variance, nor shall a variance be granted or justified because of the presence of other nonconforming structures or uses in the zoning classification or district or adjoining zoning classifications or districts. Requirements of articles II (Land Use) and article V (Consistency and Concurrency) may not be varied by this part. Variances shall not be permitted which will allow erection, installation or occupancy of a building or structure that does not meet the standards for single-family dwelling units contained in part 7.08.00 of this Code.

Variances are permissible by the board of adjustments and appeals or the construction board after public notice and hearing as described in sections 12.03.01, 12.03.02, 12.03.05, part 13.04.00 and subject to appropriate conditions and safeguards as provided in this part.

Depending upon the nature of the variance sought, the petition shall be submitted to either the board of adjustments and appeals or the construction board. The director of planning and development shall make the initial determination as to which board shall hear the petition based upon the criteria provided in this part. Should the applicant disagree with the determination of the director, the variance shall be submitted to the board of adjustments and appeals which may either hear the petition or determine that the construction board is the more appropriate forum and transfer the petition to that board. In the event of such a determination of transfer, the subsequent hearing before the construction board need not be again advertised provided the date, time and location are correctly announced in the open meeting of the board of adjustments and appeals at which the original public notice was directed. No decision of either board shall be subject to reversal as a result of an incorrect determination of forum by either the director or the board of adjustments and appeals. The criteria for the forum determination shall be as follows:

A.

The construction board shall hear those petitions which request a variance from a building code, standard, structure or material requirement. The construction board shall also hear those petitions requesting a variance to allow use of alternate building materials or practices and those requests that are governed by section 11.03.05.

B.

The board of adjustments and appeals shall hear all petitions for variances not described in subsection A, above.

Variances may be granted from the strict application of this Code, except as provided above, if a written petition for a variance is submitted demonstrating that:

A.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;

B.

The special conditions and circumstances do not result from the actions of the applicant;

C.

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Code and would work unnecessary and undue hardship on the applicant;

D.

The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure;

E.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands, buildings, or structures in the same zoning district;

F.

The grant of the variance will be in harmony with the general intent and purpose of this Code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board of adjustments and appeals or construction board may prescribe conditions and safeguards in conformity with the intent of this Code, including but not limited to buffering and landscaping, and reasonable time limits within which the action for which variance is required shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code.

In addition to the findings required above, the construction board shall consider requested variances that may result in an increase in the elevation of the base flood, additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, in relation to the requirements of part 6.03.00 of this Code.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section.

A.

Procedures and considerations. In passing upon such applications, the construction board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Code, and:

1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, where applicable;

6.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effect of wave action, if applicable, expected at the site;

11.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and

12.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in section 11.03.05A, 1 through 11, hereinabove, have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

B.

Floodway limitation. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

C.

Notice of insurance increase. Should a variance be granted, the applicant shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

D.

Recordkeeping and audit. The building official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

Notwithstanding the foregoing requirements, special variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on, or classified as contributing to a district listed on the National Register of Historic Places, the local register of historic places, or the state inventory of historic places. The special variance shall be the minimum necessary to protect the historic character and design of the structure. No special variance shall be granted if the proposed construction, rehabilitation, or restoration will cause the structure to lose its historical designation.

A special exception is a use that would not be appropriate generally or without restriction throughout a zoning division, district or county at large, but which, if controlled as to number, area, location, or relation to neighborhoods, would promote the health, safety, welfare, order, comfort, convenience, appearance, prosperity, or the general welfare of the county and its residents. Such uses may be permissible in a zoning classification or district as a special exception if specific provision for such a special exception is made in this Code. Special exceptions are permissible by the board of adjustments and appeals after public notice and hearing as described in sections 12.03.01, 12.03.02, part 13.04.00 and subject to appropriate conditions and safeguards as provided in this part.

(Ord. No. 2003-04, § 1(Exh. A), 4-10-03; Ord. No. 2005-12, § 4(Exh. A), 7-28-05; Ord. No. 2022-0005, § 1(Att. 1), 12-8-22)

The following specific special exceptions are allowable for each zoning classification:

A.

Agriculture-A.

1.

Commercial fishery. All buildings or parking for such facilities must be at least 50 feet from any property line in separate ownership or right-of-way line.

2.

Housing for agricultural labor when such labor is not employed on the same premises upon which the housing is located, when housing has a greater capacity than one dwelling unit for each 20 (but less than one dwelling unit for each ten) acres of land contained in the premises, or when proposed structures are to be located closer than 200 feet to any other property in separate ownership.

3.

Animal hospital, veterinary clinic, animal boarding place, fur-farm, breeding or raising of non-farm or of exotic animals, provided no building for the housing of animals shall be located within 75 feet of any property line in separate ownership.

4.

Commercial packing house for fruits or vegetables; citrus concentrate plant.

5.

Milk processing plant or milk receiving station; poultry slaughtering and dressing, livestock slaughtering; saw mills. No structure to be located within 200 feet of any residentially zoned property.

6.

Livestock auction.

7.

Mines, and borrow pits, subject to meeting all other applicable governmental regulations.

8.

Residential medical assistance. See section 11.04.06.

9.

Outdoor gun club; outdoor shooting, rifle or target range or course; provided that any such facility shall be located at least two miles from a residence, barn or business establishment. The distance shall be measured from the primary residence, barn or business establishment structure to the closest part of the closest shooting facility of the proposed new outdoor gun club, or outdoor shooting, rifle or target range. The distance requirement shall not apply to the expansion of facilities on outdoor shooting ranges, clubs or courses lawfully existing as of December 31, 2022, shall not apply to the expansion of the land boundary of outdoor shooting ranges, clubs or courses lawfully existing as of December 31,.2022, and shall not apply to structures constructed or installed in association within the development, such as on-site amenities or an associated residential community.

New ranges, clubs or courses shall be consistent with the guidelines of the NRA Range Source Book for development, design and operations of shooting ranges, and shall employ a certified range safety officer who shall upon initial construction and then annually thereafter shall certify to the county that the range, club or course is consistent with the NRA Range Source Book guidelines.

10.

Commercial uses directly related to or in support of bona fide agricultural operations.

11.

Private or public camps or retreats and the like, schools and campuses other than public or private elementary and high schools with conventional academic curriculums.

12.

Public or private sports or recreation complex, stadium, arena, race course, drive-in theater, or other like facilities where the size or impacts of a such a facility would be incompatible with the commercial activity center or commercial corridor mixed use future land use classifications; uses accessory to the facilities referenced in this paragraph, including public eating establishments, sale of beer, wine or alcoholic beverages for on-premises consumption, retail sales of affiliated merchandise to the general public, and the like.

13.

Crematory for non-human remains; crematory for human remains when not accessory to or on the same premises as a cemetery, columbarium or mausoleum.

14.

Radio, television or other commercial transmitting or receiving towers, antennas, antenna support structures subject to the criteria established in section 7.10, wireless communications facilities pursuant to section 7.10.

15.

Nursing home, assisted living facility.

16.

Bed and breakfast establishment; cabins, lodges in association with on-site or nearby recreational activities.

17.

Community residential home.

18.

Airboat repair shop. Uses accessory, including fabrication of industry-specialized parts, low-volume retail sales of specialty parts fabricated on premises, manufacture and assembly of airboats. All repair, fabrication and manufacture activity to be performed indoors. No structure to be located within 200 feet of any residential zoned property. Provided the site includes undeveloped open space comprising at least 100 acres for wind and sound dissipation.

B.

Residential single-family RSF.

1.

Golf course and country club (not including miniature golf course or separate practice driving range) provided lot comprises at least 110 acres of land and that any required parking area is located at least 100 feet and any building is located at least 300 feet from any other residentially zoned property.

2.

Public utility building and facilities necessary to serve surrounding neighborhoods (not including service or storage yards or wireless communications facilities). Such facilities shall be designed, sited, and landscaped to preserve compatibility with a single-family neighborhood.

3.

Expansion of boundaries of existing cemetery, columbarium, or mausoleum.

4.

Private neighborhood or community (nonpublic) recreation facility, including tennis or racquet club. No automotive parking shall be located within 50 feet of any other property in separate ownership. No building shall be located within 100 feet of any other property in separate ownership. Lighted recreation facilities shall not be used after 10:00 p.m.

5.

Day care not requiring a department of health and rehabilitative services (HRS) license or permit.

6.

Residential medical assistance. See section 11.04.06.

B1.

Residential single-family estate RSF-E.

1.

Golf course and country club (not including miniature golf course or separate practice driving range) provided lot comprises at least 110 acres of land and that any required parking area is located at least 100 feet and any building is located at least 300 feet from any other residentially zoned property.

2.

Public utility building and facilities necessary to serve surrounding neighborhoods (not including service or storage yards or wireless communications facilities). Such facilities shall be designed, sited, and landscaped to preserve compatibility with a single family neighborhood.

3.

Expansion of boundaries of existing cemetery, columbarium, or mausoleum.

4.

Private neighborhood or community (non-public) recreation facility, including tennis or racquet club. No automotive parking shall be located within 50 feet of any other property in separate ownership. No building shall be located within 100 feet of any other property in separate ownership. Lighted recreation facilities shall not be used after 10:00 p.m.

5.

Day care not requiring a department of health and rehabilitative services (HRS) license or permit.

6.

Residential medical assistance. See section 11.04.06

C.

Residential general—RG.

1.

Golf course and country club (not including miniature golf course or separate practice driving range) provided lot comprises at least 110 acres of land and that any required parking area is located at least 50 feet and any building is located at least 100 feet from any other residentially zoned property.

2.

Public utility building and facilities necessary to serve surrounding neighborhoods (not including service or storage yards or wireless communications facilities). Such facilities shall be designed, sited, and landscaped to preserve compatibility with a single family neighborhood.

3.

Expansion of boundaries of existing cemetery, columbarium, or mausoleum.

4.

Private neighborhood or community (non-public) recreation facility, including tennis or racquet club. No automotive parking shall be located within 50 feet of any other property in separate ownership. No building shall be located within 100 feet of any other property in separate ownership.

5.

Hospital.

6.

Nurses home or similar housing for institutional employees, convent or monastery.

7.

In connection with multiple family dwellings having a minimum of 75 dwelling units, establishments for the sale of convenience goods, personal and professional service establishments, and eating and drinking establishments, providing that all such establishments shall be designed and scaled to meet only the requirements of occupants and their guests, and that there shall be no evidence from public ways of the existence of such establishments. Floor area devoted to such establishments shall not exceed ten percent of the total residential floor area.

8.

Professional and business offices intended to serve the needs of the neighborhood.

9.

Residential structure in excess of 45 feet in height.

10.

Child or day care center.

11.

Nursing homes, assisted living facility.

12.

Residential medical assistance. See section 11.04.06

13.

Single family, single family attached or multi family dwellings at a density greater than five units per acre.

14.

Community residential home.

15.

Boarding house or rooming house.

D.

Rural residential RR.

1.

Golf course and country club (not including miniature golf course or separate practice driving range) provided lot comprises at least 110 acres of land and that any required parking area is located at least 100 feet and any building is located at least 300 feet from any other residentially zoned property.

2.

Public utility building and facilities necessary to serve surrounding neighborhoods (not including service or storage yards or wireless communications facilities). Such facilities shall be designed, sited, and landscaped to preserve compatibility with a single-family neighborhood.

3.

Expansion of boundaries of existing cemetery, columbarium, or mausoleum.

4.

Private neighborhood or community (nonpublic) recreation facility, including tennis or racquet club. No automotive parking shall be located within 50 feet of any other property in separate ownership. No building shall be located within 100 feet of any other property in separate ownership. Lighted recreation facilities shall not be used after 10:00 p.m.

5.

Monasteries, convents and other religious similar religious facilities.

6.

Private camps sponsored by religious or nonprofit organizations for young people.

7.

Residential medical assistance. See section 11.04.06.

8.

Wholesale nursery or wholesale greenhouse, as an incidental and accessory use, where such use is compatible with a residential neighborhood, does not generate traffic volumes greater than would normally be expected in a residential neighborhood, and provided that no motorized vehicle with more than two axles is used in association with the wholesale nursery or wholesale greenhouse. In no event shall the structures used in conjunction with an approved wholesale nursery or wholesale greenhouse exceed the limitations for accessory structures as established in section 7.09.01 of this Code.

E.

Residential mixed RM.

1.

Golf course and country club (not including miniature golf course or separate practice driving range) provided lot comprises at least 110 acres of land and that any required parking area is located at least 100 feet and any building is located at least 300 feet from any other residentially zoned property.

2.

Public utility building and facilities necessary to serve surrounding neighborhoods (not including service or storage yards or wireless communications facilities). Such facilities shall be designed, sited, and landscaped to preserve compatibility with a single-family neighborhood.

3.

Expansion of boundaries of existing cemetery, columbarium, or mausoleum.

4.

Private neighborhood or community (nonpublic) recreation facility, including tennis or racquet club. No automotive parking shall be located within 50 feet of any other property in separate ownership. No building shall be located within 100 feet of any other property in separate ownership. Lighted recreation facilities shall not be used after 10:00 p.m.

5.

Hospital.

6.

Nurses home or similar housing for institutional employees, convent or monastery.

7.

In connection with multiple-family dwellings having a minimum of 75 dwelling units, establishments for the sale of convenience goods, personal and professional service establishments, and eating and drinking establishments, providing that all such establishments shall be designed and scaled to meet only the requirements of occupants and their guests, and that there shall be no evidence from public ways of the existence of such establishments. Floor area devoted to such establishments shall not exceed ten percent of the total residential floor area.

8.

Residential structure in excess of 45 feet in height.

9.

Child care center.

10.

Residential medical assistance. See section 11.04.06.

F.

Residential, mobile homes RMH. The following uses are permissible by special exception:

1.

Mobile home park with one mobile home or manufactured home per mobile home space, lot or site, subject to minimum mobile home park size criteria and subject to maximum density criteria as established by the Okeechobee County comprehensive plan. When located in the rural activity center future land use classification, a mobile home park may not contain fewer than 40 mobile home spaces, lot or sites.

2.

Manufactured home park with one manufactured home per manufactured home space, lot or site, subject to minimum zoning district size as established by section 2.04.05 of this Code, and subject to maximum density criteria as established by the Okeechobee County comprehensive plan. When located in the rural activity center future land use classification, a manufactured home park may not contain fewer than 40 mobile home spaces, lot or sites.

3.

House of worship with minimum lot size of not less than five acres.

4.

Nonprofit clubs or community centers.

5.

Governmental buildings; public schools, or private schools offering conventional academic curriculums.

6.

Public utility building and facilities necessary to serve surrounding neighborhoods (not including service or storage yards or wireless communications facilities). Such facilities shall be designed, sited, and landscaped to preserve compatibility with a single-family neighborhood.

7.

Child day care centers.

8.

Adult congregate living facilities.

9.

In the case of mobile home parks having in excess of 70 spaces, neighborhood commercial and service uses to serve the residents of the mobile home park, provided there shall be no direct access to such commercial or service uses from any public way other than through a park street.

10.

Residential medical assistance. See section 11.04.06.

G.

Commercial—C.

1.

For lots or parcels in the commercial corridor mixed use, commercial activity center or industrial future land use classifications, the list of uses permissible by special exception shall be as for heavy commercial (C-2).

2.

For lots or parcels in resort corridor or rural activity center future land use classifications, the list of uses permissible by special exception shall be as for neighborhood commercial-2 (NC-2).

3.

For lots or parcels in other future land use classifications where the Department determines the commercial (C) zoning to be conforming with respect to the adopted comprehensive plan, the list of uses permissible by special exception shall be as for neighborhood commercial-1 (NC-1).

4.

For lots or parcels in other future land use classifications where the department determines the commercial (C) zoning to be nonconforming with respect to the adopted comprehensive plan, a special exception may not be requested.

H.

Commercial light C1.

1.

Child care center.

2.

Beauty shop, barbershop, gift shop, tearoom (but not full-service restaurant or drive-in-restaurant).

3.

Public parks, playgrounds, playfields, city or county buildings in keeping with the character and requirements of the district.

4.

Houses of worship.

5.

Hospital, nursing home and sanitarium.

6.

Schools, colleges and universities.

7.

Boutique, apparel shops.

8.

Vocational, technical, trade or business school.

[9.

Reserved.]

[10.

Reserved.]

11.

Building trades contractor (office only).

12.

Private clubs and lodges.

13.

Office supply store.

14.

Flea market.

15.

Security trailers. See section 11.04.07.

16.

Wireless communications facilities pursuant to section 7.10.

17.

Community residential home.

I.

Commercial, heavy—C-2.

1.

Wholesale, warehouse, or storage activity, but not including bulk storage of flammable liquids.

2.

Building trades contractor with yard on premises for storage of equipment and materials.

3.

Crematory and cemetery.

4.

Radio or television transmitter, wireless communications facilities pursuant to section 7.10.

5.

Agricultural fairs and fair grounds activities; sports fields and sports arenas; provided this provision shall not be construed to prohibit playing fields, stadiums, and gymnasiums as accessory uses to public or private elementary, junior high, or secondary schools.

6.

Drive-in restaurant, drive through convenience store.

7.

On-premises consumption of beer or wine or alcoholic beverages at establishments other than a restaurant; provided no license or permit shall be granted to an establishment for on-premises consumption of beer, wine or other intoxicating liquors whose proposed place of business is within 500 feet of any established church, school, or child day care facility licensed by the State of Florida; which said distance shall be measured along a straight line from the nearest point of a principal building on the property of the church, school or child day care facility licensed by the State of Florida to the nearest point of the building housing the proposed business. For the purposes of applying this provision, "established" shall be defined to mean a church (on property it owns), school or child day care facility that did not choose to locate within 500 feet of the proposed site at the time an establishment authorized for on-premises consumption of beer, wine or alcoholic beverages was in operation on that site or had been in operation on that site within the preceding 36 months.

When requested by the director of planning and development, no such special exception shall be considered for any place of business, other than a restaurant, for the on-premises consumption of beer, or wine or alcoholic beverages unless the applicant for said special exception shall first submit a certified statement and drawing by a registered land surveyor showing the distance of said proposed business from the nearest church, school, or child day care facility licensed by the State of Florida, said distance being measured in accordance with the preceding paragraph.

If an affected church waives its right to the 500-foot buffer from a specific site, then that site may be considered for this special exception for on-premises consumption of beer, wine or alcoholic beverages.

8.

Automotive repair or service garage, motor vehicle body or paint shop, repair of boats, boat motors, trailers, motorized equipment, golf carts, lawnmowers and other such vehicles or equipment that contain an engine or motor, provided:

(a)

No public street, parking, sidewalk, or way shall be used for the storage or parking of automotive vehicles, boats, trailers, equipment and the like in connection with the activities of such establishments, except for normal parking by individual owners or operators visiting the establishment.

(b)

No operation in such establishments shall be conducted in any manner which impedes the safe and free flow of vehicular traffic on public ways.

(c)

Vehicles not in running order and incapable of being moved under their own power at any time, shall be kept in completely enclosed buildings while under repair or storage.

(d)

All repair activities shall be conducted in completely enclosed buildings provided for that purpose; provided windows and doors of such structure may be kept open during times that actual repair activities are being carried on.

9.

Sales lots for new or used motor vehicles, recreational vehicles, travel trailers, motor homes, park trailers, mobile homes, boats or trailers. (If repair activities are conducted in connection with such sales lots, item 8. above shall apply). Provided however that storage or refurbishment of used substandard mobile homes, manufactured homes, trailers or recreational vehicles shall be governed by section 2.07.00A.

10.

Upholstery or carpentry shop.

11.

Automotive service station or truck stop.

12.

Commercial recreational facilities such as indoor or outdoor motion picture theater, billiard parlor, video arcade, bowling alley, carnival or circus, skating rink, night club, golf driving or archery range, shooting gallery, pony ride, and the like.

13.

Palmists, astrologists, psychics, clairvoyants, phrenologists, and the like.

14.

Shopping center containing more than eight stores, or retail facility of more than 20,000 square feet; any addition of new floor area or retail facility to any shopping center or facility meeting these requirements as of the date of adoption of this amendment.

15.

Commercial and non-commercial marinas, docks, piers, etc., including removal of boat from water for repair and repair of motors.

16.

Veterinarian, veterinary hospital where some services or activities may be provided or conducted other than completely indoors.

17.

Auction house, pawn shop, or flea market.

18.

Telephone exchange, motor bus terminal.

19.

Package sales of wine and other alcoholic and intoxicating beverages except beer (off premises consumption); provided however, that no license or permit shall be granted to a vendor for the sale of alcoholic beverages, wine or other alcoholic and intoxicating liquors whose proposed place of business is within 500 feet of an established church, school, or child day care facility licensed by the State of Florida; which said distance shall be measured along a straight line from the nearest point of a principal building on the property of the church, school, or child day care facility licensed by the State of Florida to the nearest point of the building housing the proposed business. For the purposes of applying this provision, "established" shall be defined to mean a church (on property it owns), school or child day care facility that did not choose to locate within 500 feet of the proposed site at the time a package store was in operation on that site or had been in operation on that site within the preceding 36 months.

When requested by the director, no such special exception shall be considered for any place of business for package sales of wine, and other alcoholic and intoxicating beverages except beer (off-premises consumption) unless the applicant for said special exception shall first submit a certified statement and drawing by a registered land surveyor showing the distance of said proposed business from the nearest church, school, or child day care facility licensed by the State of Florida, said distance being measured in accordance with the preceding paragraph.

If an affected church waives its right to the 500-foot buffer from a specific site, then that site may be considered for this special exception for package sales of wine and other alcoholic and intoxicating beverages except beer for off-premises consumption.

20.

On-premises consumption of alcoholic beverages at a restaurant; on-premises consumption of beer or wine at a restaurant that closer later than 11:00 p.m.

21.

Security trailers. See section 11.04.07.

22.

Ongoing or continuous outdoor display of goods or merchandise.

23.

All other commercial uses not specifically included in permitted principal uses and structures.

24.

A rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment of sexual offenders as defined by section 47-1 of this Code.

25.

A rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment for other than sexual offenders as defined by section 47-1 of this Code.

26.

Community residential home.

J.

Neighborhood commercial-1—NC-1. The following uses are permissible by special exception, provided that such uses are buffered, including vegetative buffers and landscaping, from adjacent properties and from adjacent roads, streets, alleyways or other public ways:

1.

Retail plant nursery, outdoor vegetable or fruit market.

2.

On-premises consumption of alcoholic beverages at a restaurant; on-premises consumption of beer or wine at a restaurant that closes later than 11:00 p.m.

3.

Veterinarian, veterinary hospital where some services or activities may be provided or conducted other than completely indoors.

4.

Medical clinic; nursing home; assisted living facilities.

5.

On-premises consumption of beer or wine or alcoholic beverages at establishments other than a restaurant; provided no license or permit shall be granted to an establishment for on-premises consumption of beer, wine or other intoxicating liquors whose proposed place of business is within 500 feet of any established church, school, or child day care facility licensed by the State of Florida; which said distance shall be measured along a straight line from the nearest point of a principal building on the property of the church, school, child day care facility licensed by the State of Florida to the nearest point of the building housing the proposed business. For the purposes of applying this subsection, "established" shall be defined to mean a church (on property it owns), school or child day care facility that did not choose to locate within 500 feet of the proposed site at the time an establishment authorized for on-premises consumption of beer, wine or alcoholic beverages was in operation on that site or had been in operation on that site within the preceding 36 months.

When requested by the director of planning and development, no such special exception shall be considered for any place of business, other than a restaurant, for the on-premises consumption of beer, wine or alcoholic beverages unless the applicant for said special exception shall first submit a certified statement and drawing by a registered land surveyor showing the distance of said proposed business from the nearest church, school, child day care facility licensed by the State of Florida, said distance being measured in accordance with the preceding paragraph.

If an affected church waives its right to the 500-foot buffer from a specific site, then that site may be considered for this special exception for on-premises consumption of beer, wine or alcoholic beverages.

6.

Package sales of wine and alcoholic and intoxicating beverages except beer (off-premises consumption); provided however, that no license or permit shall be granted to a vendor for the sale of alcoholic beverages, wine or other alcoholic and intoxicating liquors whose proposed place of business is within 500 feet of an established church, school, or child day care facility licensed by the State of Florida; which said distance shall be measured along a straight line from the nearest point of a principal building on the property of the church, school, child day care facility licensed by the State of Florida to the nearest point of the building housing the proposed business. For the purposes of applying this subsection, "established" shall be defined to mean a church (on property it owns), school or child day care facility that did not choose to locate within 500 feet of the proposed site at the time a package store was in operation on that site or had been in operation on that site within the preceding 36 months.

When requested by the director of planning and development, no such special exception shall be considered for any place of business for package sales of wine and other alcoholic beverages intoxicating beverages except beer (off-premises consumption) unless the applicant for said special exception shall first submit a certified statement and drawing by a registered land surveyor showing the distance of said proposed business from the nearest church, school, child day care facility licensed by the State of Florida; said distance being measured in accordance with the preceding paragraph.

If an affected church waives its right to the 500-foot buffer from a specific site, then that site may be considered for this special exception for package sales of wine and other alcoholic and intoxicating beverages except beer for off-premises consumption.

7.

Security trailers. See section 11.04.07.

8.

Wireless communications facilities pursuant to section 7.10.

9.

Community residential home.

K.

Neighborhood commercial-2—NC-2. The following uses are permissible by special exception, provided that such uses are buffered, including vegetative buffers and landscaping, from adjacent properties and from adjacent roads, streets, alleyways or other public ways:

1.

Retail plant nursery, outdoor vegetable or fruit market, outdoor display of goods or merchandise, drive through convenience store.

2.

On-premises consumption of alcoholic beverages at a restaurant; on-premises consumption of beer or wine at a restaurant that closest later than 11:00 p.m.

3.

Automotive service station. A special exception may also be requested to increase the impervious surface ratio for this use to 0.90. A preliminary site plan must be submitted with the application when an ISR greater than 0.70 is requested.

4.

Neighborhood oriented commercial recreational facilities such as a small playhouse or motion picture theater, billiard parlor, video arcade, bowling alley, skating rink, night club, golf driving or archery range, and the like.

5.

Veterinarian, veterinary hospital where some services or activities may be provided or conducted other than completely indoors.

6.

Commercial and non-commercial marinas, docks, piers, etc., including removal of boat from water for maintenance and repair and repair of motors on arterial roadways only.

7.

Sales lots for new or used motor vehicles, boats, trailers, recreational vehicles, travel trailers, motor homes or park trailers but not manufactured homes or mobile homes, including parts and accessories when incidental and subordinate to the sales of motor vehicles, boats, trailers, recreational vehicles, travel trailers, motor homes or park trailers. If repair activities are conducted in connection with such sales lots, item 8. below shall apply. Provided however that storage or refurbishment of used substandard mobile homes, manufactured homes, trailers or recreational vehicles shall be governed by section 2.07.00A.

8.

Repair or service garage, paint or body shop for automotive vehicles, repair of boats or boat motors, trailers, motorized equipment, golf carts, lawnmowers and other such vehicles or equipment that contain an engine or motor, including parts and accessories when incidental and subordinate to repair activities (but not sales of motor vehicles, boats or boat trailers unless special exception 7. above is obtained), on arterial roadways only, provided:

(a)

No public street, parking, sidewalk, or way shall be used for the storage or parking of automotive vehicles, boats, trailers, equipment and the like in connection with the activities of such establishments, except for normal parking by individual owners or operators visiting the establishment.

(b)

No operation in such establishments shall be conducted in any manner which impedes the safe and free flow of vehicular traffic on public ways.

(c)

Vehicles not in running order and incapable of being moved under their own power at any time, boats and boat trailers shall be kept in completely enclosed buildings while under repair or storage.

(d)

All repair activities shall be conducted in completely enclosed buildings provided for that purpose; provided windows and doors of such structure may be kept open during times that actual repair activities are being carried on.

9.

Commercial uses directly related to bona fide agricultural operations, such as sales of new and used equipment for agricultural uses or repair of agricultural equipment. Repair activities shall be subject to all criteria as established by item 8 above. Uses permissible by this special exception shall be located on an arterial roadway. [Amended By Ordinance 95-1]

10.

On-premises consumption of beer or wine or alcoholic beverages at establishments other than a restaurant; provided no license or permit shall be granted to an establishment for on-premises consumption of beer, wine or other intoxicating liquors whose proposed place of business is within 500 feet of any established church, school, or child day care facility licensed by the State of Florida; which said distance shall be measured along a straight line from the nearest point of a principal building on the property of the church, school, child day care facility licensed by the State of Florida to the nearest point of the building housing the proposed business. For the purposes of applying this subsection, "established" shall be defined to mean a church (on property it owns), school or child day care facility that did not choose to locate within 500 feet of the proposed site at the time an establishment authorized for on-premises consumption of beer, wine or alcoholic beverages was in operation on that site or had been in operation on that site within the preceding 36 months.

When requested by the director of planning and development, no such special exception shall be considered for any place of business, other than a restaurant, for on-premises consumption of beer, wine or alcoholic beverages unless the applicant for said special exception shall first submit a certified statement and drawing by a registered land surveyor showing the distance of said proposed business from the nearest church, school, child day care facility licensed by the State of Florida, said distance being measured in accordance with the preceding paragraph.

If an affected church waives its right to the 500-foot buffer from a specific site, then that site may be considered for this special exception for on-premises consumption of beer, wine or alcoholic beverages.

11.

Package sales of alcoholic and intoxicating beverages other than beer and wine (off-premises consumption); provided however, that no license or permit shall be granted to a vendor for the sale of wine or other alcoholic and intoxicating liquors whose proposed place of business is within 500 feet of an established church, school, or child day care facility licensed by the State of Florida; which said distance shall be measured along a straight line from the nearest point of a principal building on the property of the church, school, child day care facility licensed by the State of Florida to the nearest point of the building housing the proposed business. For the purposes of applying this subsection, "established" shall be defined to mean a church (on property it owns), school or child day care facility that did not choose to locate within 500 feet of the proposed site at the time a package store was in operation on that site or had been in operation on that site within the preceding 36 months.

When requested by the director of planning and development, no such special exception shall be considered for any place of business for package sales of wine and other alcoholic and intoxicating beverages except beer (off-premises consumption) unless the applicant for said special exception shall first submit a certified statement and drawing by a registered land surveyor showing the distance of said proposed business from the nearest church, school, child day care facility licensed by the State of Florida; said distance being measured in accordance with the preceding paragraph.

If an affected church waives its right to the 500-foot buffer from a specific site, then that site may be considered for this special exception for package sales of wine and other alcoholic and intoxicating beverages except beer for off-premises consumption.

12.

Mini-warehouses/self-storage rental units, where such units are for storage only, where all storage is inside such units, and provided that the storage of bulk or hazardous materials is prohibited.

13.

Security trailers. See section 11.04.07.

14.

Wireless communications facilities pursuant to section 7.10.

15.

Hotels, motels, bed and breakfast establishments, rooming or boarding houses.

16.

Sale and repair of agricultural equipment or heavy equipment. Repair of self-propelled vehicles shall be subject to the provisions established by paragraph 8. above.

L.

Commercial-recreational vehicle C-RV. None.

1.

Wireless communications facilities pursuant to section 7.10.

M.

Light Industrial—I-1 for lots or parcels in the Industrial, Commercial Corridor Mixed Use and Commercial Activity Center Future Land Use Classifications. Special exceptions in the light industrial zoning district are determined to be consistent with the commercial corridor mixed use, commercial activity center and industrial future land use classifications only.

1.

Manufacturing, processing, packaging or fabricating other than in completely enclosed buildings.

2.

Outdoor storage yards and lots, outdoor contractor yards.

3.

Wholesaling, warehousing, storage, or distribution establishments and similar uses other than in completely enclosed buildings.

4.

Commercial fishery.

5.

Wireless communications facilities pursuant to section 7.10.

6.

Rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment of sexual offenders as defined by section 47-1 of this Code.

7.

Rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment for other than sexual offenders as defined by section 47-1 of this Code.

Light Industrial—I-1 for Lots or Parcels in the Industrial Overlay Future Land Use Classification.

1.

Manufacturing, processing, packaging or fabricating other than in completely enclosed buildings.

2.

Outdoor storage yards and lots, outdoor contractor yards.

3.

Wholesaling, warehousing, storage, or distribution establishments and similar uses other than in completely enclosed buildings.

4.

Wireless communications facilities pursuant to section 7.10.

N.

Heavy Industrial—I-2 for Lots or Parcels in the Industrial Future Land Use Classification.

1.

Wrecking yard, automobile wrecking yard, junk yard other than in completely enclosed buildings and subject to the provisions of section 7.08.01.M.

2.

Manufacturing, processing, packaging or fabricating other than in completely enclosed building.

3.

The refurbishment, restoration, dismantling, demolition or recycling of manufactured housing, trailers, mobile homes, or recreational vehicles other than incompletely enclosed buildings. The storage of manufactured housing, trailers, mobile homes, or recreational vehicles not meeting the standards of section 7.08.03.D. other than in completely enclosed buildings.

4.

Any other lawful industrial activity except landfills, residuals or septage management facilities, biochar production facilities, and public airports not listed as a permitted use in section 2.04.10(14).

5.

Wireless communications facilities pursuant to section 7.10.

6.

A rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment of sexual offenders as defined by section 47-1(10) of this Code.

7.

A rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment for other than sexual offenders as defined by section 47-1(10) of this Code.

Heavy Industrial—I-2 for Lots or Parcels in the Industrial Overlay Future Land Use Classification.

1.

Wrecking yard, automobile wrecking yard, junk yard other than in completely enclosed buildings and subject to the provisions of section 7.08.01.M.

2.

Manufacturing, processing, packaging or fabricating other than in completely enclosed building.

3.

The refurbishment, restoration, dismantling, demolition or recycling of manufactured housing, trailers, mobile homes, or recreational vehicles other than in completely enclosed buildings. The storage of manufactured housing, trailers, mobile homes, or recreational vehicles not meeting the standards of section 7.08.03.D. other than in completely enclosed buildings.

4.

Any other lawful industrial activity except landfills, residuals or septage management facilities, biochar production facilities, and public airports not listed as a permitted use in section 2.04.14.

5.

Wireless communications facilities pursuant to section 7.10.

6.

Bulk storage yards, including storage of flammable liquids subject to fire code provisions.

7.

Storage yards and lots.

O.

Public/semipublic PS. Uses that provide a public service other than the permitted principal uses listed in section 2.04.15 of this Code. This includes national, state or local government activities or activities conducted by private entities that historically have been governmental, public service or institutional in nature. This also includes wireless communications facilities pursuant to section 7.10. The additional criteria as established by section 2.04.15.D. shall apply.

P.

Planned Development—PD. Not applicable.

(Ord. No. 93-10, § 9, 7-22-93; Ord. No. 94-8, § 1 (11.04.02F, J—O), 10-5-94; Ord. No. 95-1, § 1 (11.04.02A, E, G—K, O), 6-8-95; Ord. No. 96-03, § 1, 4-11-96; Ord. No. 98-07, § 1, 10-8-98; Ord. No. 99-08, § 1, 8-12-99; Ord. No. 99-09, § 1(Exh. B), 8-12-99; Ord. No. 99-11, § 1(Exh. A), 10-28-99; Ord. No. 2001-03, § 1(Exh. A), 5-10-01; Ord. No. 2002-04, § 1(Exh. A), 9-26-02; Ord. No. 2003-04, § 1(Exh. A), 4-10-03; Ord. No. 2005-12, § 4(Exh. A), 7-28-05; Ord. No. 2006-08, §§ 2—8, 11-21-06; Ord. No. 2020-0004, § 1 (Att. 1), 9-11-20; Ord. No. 2022-0005, § 1(Exh. 1), 12-8-22; Ord. No. 2023-0003, § 2(Exh. A), 5-11-23)

In reaching its conclusion and in making the findings required in this part, the board of adjustments and appeals shall consider and weigh, among others, the following factors and standards, where applicable and shall show in its record such factors were considered. Further, the board shall find in the case of any of these factors and standards, where they may be relevant and applicable, that the purposes and requirements for granting the special exception have been met by the applicant:

A.

Ingress and egress to the property and the proposed structures thereof, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

B.

Off-street parking and loading areas where required, including consideration of relevant factors in subsection A. preceding, and the economic, noise, glare, or other effects of the locations of such off-street parking and loading areas on adjacent and nearby properties and loading areas on adjacent and nearby properties and properties generally in the district;

C.

Refuse and service areas, including consideration of relevant factors in subsections A. and B. preceding;

D.

Utilities, including such considerations as hook-in locations and availability and compatibility of utilities for the proposed use;

E.

Screening and buffering, including considerations of such relevant factors as type, dimensions, and character to preserve and improve compatibility and harmony of use and structure between the proposed special exception and the uses and structures of adjacent and nearby properties and properties generally in the district;

F.

Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of same on properties in the district and compatibility and harmony with other properties in the district;

G.

Required yards and open spaces;

H.

Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district;

I.

Economic effect on adjacent and nearby properties and properties generally in the district of the grant of the special exception.

The burden is on the applicant to provide sufficient evidence to support the application for a special exception. A written application for a special exception must be submitted indicating the section of this Code under which the special exception is sought and stating the grounds on which it is requested. (See sections 11.04.02A through 11.04.02M.) When, in the sole judgment of the board of adjustments and appeals, the petition for special exception should be more thoroughly and publicly reviewed because of its complexity, hazardousness, location, countywide impact, or is one which is likely to be controversial, the board may require any or all of the submissions described in section 13.02.07.

In granting any special exception, the board of adjustments and appeals may prescribe conditions and safeguards in conformity with the intent of this Code, including but not limited to buffering and landscaping, restrictions on operations and reasonable time limits within which the action for which special exception is required shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Code.

Failure to begin or complete, or both, such required condition or safeguard within the time limit shall, at the option of the board, void the special exception.

A.

Generally. Premature or unnecessary institutionalization of those with chronic debilitating illness is costly to the individuals and to society. The provision of family and professional care in the home is desirable if conducted in a manner that does not impact on others in the neighborhood. An application and granting of a special exception for residential medical assistance shall be governed by the provisions of this section.

B.

Standards for issuance. No special exception for residential medical assistance shall be granted unless consistent with the following provisions:

1.

An application accompanied by the fees provided in this Code is submitted as for any special exception.

2.

A statement or report is received by a physician licensed under F.S. ch. 458 or F.S. ch. 459, specifying the nature of the illness or condition and that in the opinion of the physician the person is in need of continued medical or physical assistance. The physician's report shall not be dispositive of the application but shall be deemed to be a prerequisite for the filing of an application for residential medical assistance.

3.

The special exception shall only be granted for one year. Successive special exceptions may be granted provided the applicant demonstrates the continued necessity and reapplies in the manner of a new applicant.

4.

The granting of a special exception will allow the placement of a second principal dwelling on a residential lot despite density restrictions in this Code or the Okeechobee County comprehensive plan in order to provide living accommodations for either the caregivers or the person requiring assistance. The second dwelling must conform and comply with all other requirements in this Code with the exception of density including but not limited to appearance and design, setbacks, size and foundations. The applicant shall obtain all necessary county and state permits to allow placement of the second dwelling unit prior to construction or installation.

5.

One of the two dwellings must be removed within 90 days of the recovery, death, institutionalization or vacating of the premises by the person in need of the assistance. Failure to timely remove one of the dwellings shall be grounds for code enforcement action pursuant to article XIII of this Code.

6.

If the persons occupying each dwelling are not related to one another by blood or marriage, the care provider must be a licensed physician, registered nurse, licensed practical nurse or licensed physical therapist and shall not be charged nor pay rent for the occupancy.

7.

Neither dwelling shall be rented or offered for rent during the pendency of a special exception granted under this section.

8.

In addition to the standards provided in this section, the board of adjustments and appeals shall review the application against the standards of section 11.04.03 of this part and may deny the application where, in the opinion of the board, adequate alternatives are available including, but not limited to additions to, or remodeling of the existing dwelling.

A.

Generally. There may be situations in the county where existing or proposed nonresidential development demonstrates a need for perpetual on-site security. Furthermore, there may be situations where other provisions to provide for security, such as the hiring of security officers or building an attached security residence, do not adequately address the security needs of a specific nonresidential development. A provision is hereby established to allow for the placement of security trailers associated with such nonresidential development. Such a security trailer is an accessory use, and accordingly may be considered only where there is a permitted principal commercial use. An application and granting of a special exception for a security trailer shall be governed by the provisions of this section. For the purposes of this section, there shall be a presumption that other, more traditional methods of security are adequate unless demonstrated to the contrary in the manner hereinafter provided.

As previous security trailers were required to apply for an annual renewal of the special exception, and as all security trailers were required to be removed as of December 30, 1993, no security trailer may be vested with respect to this provision. Existing security trailers must apply for a special exception under this section within 90 days of the adoption of this amendment. Failure to do so shall constitute a violation of this Code. All applications for special exceptions for security trailers, including applications for existing security trailers, shall be subject to all provisions of this section.

B.

Standards for issuance. No special exception for a security trailer shall be granted unless consistent with the following provisions:

1.

An application accompanied by the fees provided in this Code is submitted as for any special exception.

2.

A demonstration of need for security is provided, including a demonstration indicating why other methods of providing security are not reasonable, adequate or appropriate for the specific situation.

3.

The special exception shall be granted for only one year. Successive special exceptions may be granted provided the applicant demonstrates the continued necessity and reapplies in the manner of a new applicant.

4.

That within 30 days of approval by the board of adjustments and appeals of an application for a security trailer, but in all events prior to placement and occupancy of the trailer, a cash bond, letter of credit or surety bond with an approved surety in the amount of $2,500.00 shall be posted with the county conditioned upon continued compliance with the requirements of this section and to guarantee removal of the trailer upon expiration of the special exception. Should the bond or letter of credit required by this subsection not be posted within the time limit provided, the special exception shall be deemed to be void.

5.

Any approved security trailer shall be a manufactured home, shall be subject to all provisions for single-family dwellings as established by section 7.08.01(A)(1—6) of this Code, and shall be subject to all provisions of the appearance and design standards as established by section 7.08.02(A—I) of this Code.

6.

As the intent of this special exception is to provide security, not a rental income opportunity for a nonresidential development, a security trailer may be occupied only by the owner, manager or full-time employee of the principal commercial use. Rent shall not be directly or indirectly charged the occupant of the security trailer.

7.

In addition to the standards provided in this section, the board of adjustments and appeals shall review the application against the standards of section 11.04.03 of this part and may deny the application where, in the opinion of the board, adequate alternatives are available, including, but not limited to, an addition or remodeling that could provide for an interior security apartment.

8.

Failure to abide by the provisions of this section, including failure to reapply for the required annual renewal, as well as failure to abide by any conditions imposed by the board of adjustments and appeals, shall constitute a nuisance under section 10.01.00(F) and a violation of this Code.

(Ord. No. 95-1, § 1 (11.04.07), 6-8-95)

A.

Generally. There may be situations in the county where temporary or occasional parking of recreational vehicles is reasonable as an accessory use in association with certain permitted or permissible uses. A provision is hereby established to allow for the temporary and occasional parking and occupancy of recreational vehicles in other than recreational vehicle parks, campgrounds or subdivisions. As such recreational vehicle parking is an accessory use, this provision may be considered only where there is a permitted or permissible principal use. It is the intent of this provision to allow for temporary and occasional recreational parking only where such on-site recreational vehicle parking is clearly accessory and incidental to the permitted principal use, and only where off-site parking of recreational vehicles is not practical given the location, duration or nature of the principal use. It is expressly not the intent of this provision to allow the on-site parking and occupancy of recreational vehicles merely as an alternative to traditional recreational vehicle parks, campgrounds or subdivisions. An application and granting of a special exception for such on-site parking and occupancy of recreational vehicles shall be governed by and subject to all provisions of this section.

B.

Standards for issuance. No special exception for the temporary or occasional parking and occupancy of a recreational vehicle in other than a permitted park, campground or subdivision shall be granted unless consistent with the following provisions:

1.

An application accompanied by the fees provided in this Code is submitted as for any special exception.

2.

Any recreational vehicles permitted under this provision shall be self-contained and shall not be park trailers or otherwise intended for long-term parking or occupancy.

3.

Recreational vehicle spaces may be identified by a concrete, shell or type of pad, but full recreational vehicle setups shall not be provided.

4.

The parking of recreational vehicles pursuant to this provision shall be subject to the site plan review process as established by this Code. The site plan shall demonstrate adequate ingress and egress, on-site traffic flow, the specific or approximate location of recreational vehicle parking, and other applicable development characteristics of this accessory use.

5.

In addition to being subject to and addressing all standards as established by this section, the special exception application shall indicate or demonstrate the following:

a.

The principal use or specific events or activities to which accessory recreational vehicle parking is requested;

b.

The legal description of the specific area or areas where accessory recreational vehicles are proposed or approved to be located;

c.

A scaled drawing of the entire site, including all improvements, and illustrating the area or areas proposed or approved for the parking of accessory recreational vehicles;

d.

The necessity of on-site accessory recreational vehicle parking as contrasted with off-site recreational vehicle parking in permitted parks, campgrounds or subdivisions;

e.

The maximum number of accessory recreational vehicle spaces;

f.

The approximate frequency and duration of accessory recreational vehicle parking;

g.

Traffic, noise, economic and other impacts associated with the accessory recreational vehicle parking; and

h.

Any other applicable information in support of the application.

6.

Accessory recreational vehicle parking in association with a permitted temporary or permanent use may be considered for any zoning district, subject to the provisions of paragraph 7. below for residential zoning districts or in residential developments.

7.

Accessory recreational vehicle parking may be considered in residential zoning districts or in residential developments pursuant to the following:

a.

In residential developments only where:

i.

The availability or provision of accessory recreational vehicle parking is consistent and compatible with the stated, approved and actual intent of a development;

ii.

There exists an incorporated and active homeowner, condominium or management association;

iii.

Said association sponsors and submits the application for the special exception; and

iv.

Any accessory recreational vehicle parking is on property owned by or under the control of said association; or

b.

On individual lots in residential developments only where:

i.

The availability or provision of accessory recreational vehicle parking on individual lots is consistent and compatible with the stated, approved and actual intent of a development;

ii.

Parking of recreational vehicles on individual lots is for the occasional and temporary use solely by the owner of the lot;

iii.

There exists an incorporated and active homeowner, condominium or management association;

iv.

The provision for parking of recreational vehicles on individual lots is expressly addressed in recorded association documents;

v.

The recorded association documents include enforcement mechanisms for violations of this provision; and

vi.

The association may sponsor and submit a group special exception application provided that the special exception application indicates all lots for which the special exception is requested and includes written authorization from all lot owners included in the application; or

c.

Pursuant to temporary use provisions as established by section 2.06 of this Code.

8.

Accessory recreational vehicle parking may not be considered in association with security purposes or construction activity.

9.

Accessory recreational vehicle parking shall not be open to or used by the general public including buyers or potential buyers of admissions tickets, merchandise, goods or services, but shall be open only to entrants, registrants, vendors or participants in the events or activities occurring on the property as the permitted principal use or in association with the permitted principal use or a permitted temporary use. For purposes of this paragraph, a prospective buyer of a lot or parcel in a residential development is a qualifying participant.

10.

The operator of the facility for which a special exception is granted for accessory recreational vehicle parking shall pay all sales and other taxes for each recreational vehicle accommodated based on the fair market value of the daily rent for a recreational vehicle space, whether or not any rent is paid by the occupant directly or included as part of any entrance or registration fee.

11.

Failure to abide by the provisions of this section as well as failure to abide by any conditions imposed by the board of adjustments and appeals shall constitute a violation of this Code punishable by fines and penalties as established by this Code and by Florida Statutes, and may result in the revocation of the special exception.

(Ord. No. 98-07, § 1, 10-8-98)