This article sets forth the application and review procedures required for obtaining development orders, and certain types of permits. This article also specifies the procedures for appealing decisions and seeking legislative action.

An application for development review may be withdrawn at any time.

Unless otherwise provided by law, regulation or decision, addresses for a mailed notice required by this Code shall be obtained from the records of the county tax collector. The failure of any person to receive notice shall not invalidate an action if a good faith attempt was made to comply with the notice requirements of this Code.

No development activity may be undertaken unless the activity is authorized by a development permit. It is the intent of this article to prohibit development activity where there exists on the development site substantial violations of this Code or other Okeechobee County ordinances and the requested development activity is not designed to lessen or eliminate those violations.

Except as provided in section 13.01.03 below, a development permit may not be issued unless the proposed development activity:

A.

Is authorized by a final development order issued pursuant to this Code; and

B.

Conforms to the technical construction standards adopted by reference in articles I and VIII of this Code.

C.

A site visit reveals no substantial violations of this Code or other Okeechobee County ordinances.

D.

There exists no delinquent ad valorem or non ad valorem assessments outstanding on the parcel to be developed.

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this Code. Unless otherwise specifically provided, the development activity shall conform to this Code and the technical construction standards adopted by reference in articles I and VIII of this Code.

A.

Development activity necessary to implement a valid site plan/development plan on which the start of construction took place prior to the adoption of this Code and has continued in good faith. Compliance with the development standards in this Code is not required if in conflict with the previously approved plan.

B.

The construction or alteration of a single-family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this Code provided the requirements for presumptive vesting under section 11.02.02E2 have been met and provided a site inspection reveals no substantial violations of this Code or ordinances of Okeechobee County. Compliance with the density standards in this Code are not required if in conflict with the previously approved plat.

C.

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

D.

The erection of a sign on a previously developed site and independent of any other development activity on the site.

E.

The resurfacing of a vehicle use area that conforms to all requirements of this Code.

F.

The subdivision of a single lot or parcel of land into two lots or parcels, or the subdivision of a parcel into two or more lots or parcels solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Code.

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the department.

A.

Generally. For purposes of these review procedures, all development plans shall be designated by the director as either deminimus development, minor development or major development according to the criteria below. Before submitting a development plan for review, the developer shall provide the director with sufficient information to make this determination. The director's determination shall be supported by written findings.

B.

Major development. A development plan shall be designated as a major development if it satisfies one or more of the following criteria:

1.

The activity involves combined land and water area of which exceeds ten acres.

2.

The development is a residential project of ten or more dwelling units per acre of land and water area, or of 25 or more dwelling units.

3.

The development involves more than 20,000 square feet of non-residential floor space.

4.

Any development that the director designates as a major development project because:

a.

The proposed development is part of a larger parcel for which additional development is anticipated that when aggregated with the project in question exceeds the limits of 1, 2, or 3 above; or

b.

The proposed development should be more thoroughly and publicly reviewed because of its complexity, hazardousness, or location.

c.

The proposed development is one which is likely to be controversial despite its small size, and should thus be more thoroughly and publicly reviewed.

C.

Minor development. A development plan shall be designated as a minor development if it is not a major development, deminimus development nor a development exempt under section 13.01.03 of this article from the requirement of a development plan.

D.

Deminimus development. The subdivision at one time of a single lot or parcel of record into two or three lots or parcels, the subdivision at one time of more than two lots where there is a net increase of no more than two lots, or the subdivision of a parcel into two or more lots or parcels solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are roadway, drainage or other required improvements.

(Ord. No. 95-1, § 1 (13.02.01D), 6-8-95; Ord. No. 2003-04, § 1(Exh. A), 4-10-03; Ord. No. 2025-0002, § 2(Exh. A), 3-13-25)

A.

Option.

1.

The developer of a proposed minor development must submit the proposed development to a single final review but may request both a preliminary and final review.

2.

If the developer chooses to submit to both a preliminary and final review, the procedures in B and C below shall be followed.

3.

If the developer chooses to submit to a single final review, only the procedures of B below shall be followed.

B.

General procedures.

1.

The developer of a proposed minor development shall submit a preliminary development plan or a final development plan to the department.

2.

Within ten working days of receipt of a plan, the department shall:

a.

Determine that the plan is complete and proceed with the procedures below; or

b.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 working days without payment of a reapplication fee, but, if more than 30 days have elapsed, must thereafter reinitiate the review process and pay an additional fee.

3.

A copy of the submittal package shall be sent to each member of the technical review committee. Each member shall review the proposal and provide written or oral comments at the next meeting of the technical review committee meeting.

4.

The department shall review the plan and comments of the technical review committee and determine whether the proposal complies with the requirements of this Code.

5.

Within 20 working days of the meeting of the technical review committee, the department shall:

a.

Issue a preliminary development order complying with section 13.02.07 below if it was a preliminary development plan that was reviewed;

b.

Issue a final development order complying with section 13.02.08 below if it was a final development plan that was reviewed; or

c.

Refuse to issue a preliminary or final development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

C.

Approval of final development plans.

1.

If the developer chose to submit a preliminary development plan for review, a final development plan shall be submitted within six months of approval of the preliminary plan. If this deadline is not met, the preliminary development order expires.

2.

Within 15 working days the department shall determine whether the final development plan should be approved or denied based on whether the plan conforms to the approved preliminary plan and the conditions, if any, imposed during preliminary review. The department shall:

a.

Issue a final development order complying with section 13.02.08 below; or

b.

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the preliminary development order.

(Ord. No. 2023-0002, § 2(Exh. A), 4-13-23)

A.

Review of preliminary development plans.

1.

The developer shall submit a preliminary development plan to the department.

2.

Within ten working days of receipt of a preliminary development plan, the director of planning and development shall:

a.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 working days without payment of an additional fee, but, if more than 30 days have elapsed, must thereafter initiate a new application and pay a new fee; or

b.

Determine that the plan is complete and proceed with the following procedures.

3.

The director of planning and development shall send a copy of the preliminary development package to each member of the technical review committee and shall place the plan on the agenda of the next committee meeting that allows giving, for at least ten days, notice to the developer.

4.

Each committee member shall submit written comments as to the proposed development's probable effect on the public facilities and services that the member represents. Interested persons shall be given a reasonable opportunity to comment orally or in writing.

5.

Within 20 working days after the committee meets to consider the plan and comments, the director shall issue a written report setting forth findings and conclusions supporting its recommendation that the planning board make a recommendation that the county commission:

a.

Issue a preliminary development order complying with section 13.02.07 below; or

b.

Refuse to issue a preliminary development order based upon it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

6.

On the earliest available date that allows the giving of required notice, the planning board shall conduct an administrative hearing on the preliminary development plan to make a recommendation to the county commission as to whether the plan satisfies the requirements of this Code.

7.

The planning board shall make a recommendation that the county commission:

a.

Issue a preliminary development order complying with section 13.02.07 below; or

b.

Refuse to issue a preliminary development order based upon it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

8.

On the earliest available date that allows the giving of required notice. the county commission shall conduct an administrative hearing on the preliminary development plan to determine whether the plan satisfies the requirements of this Code.

9.

The county commission shall:

a.

Issue a preliminary development order complying with section 13.02.07 below: or

b.

Refuse to issue a preliminary development order based upon it being impossible for the proposed development. even with reasonable modifications. to meet the requirements of this Code.

B.

Review of final development plans.

1.

The developer shall submit a final development plan for review within the time period in which the preliminary development order is valid.

2.

Within 20 working days of submission the department shall determine whether the final development plan should be approved or denied based on whether the plan conforms to the preliminary development order.

3.

The department shall:

a.

Issue a final development order complying with section 13.02.07 below; or

b.

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the preliminary development order.

(Ord. No. 2023-0002, § 2(Exh. A), 4-13-23; Ord. No. 2025-0002, § 2(Exh. A), 3-13-25)

The review of development plans for special developments shall be as for minor or major development as established by section 13.02 except as otherwise provided by this section.

A.

Affordable housing projects. An affordable housing project shall be determined to be a minor or major development pursuant to section 13.02.01 and shall be reviewed accordingly as established by sections 13.02.02 and 13.02.03, but shall be subject to the following provisions:

1.

Review of an affordable housing project shall be given priority in the site plan review process with a goal of a two-week turn-around time at the stage of review by the site plan technical review committee. Where an affordable housing development is determined to be a major development or includes a plat and is therefore subject to review by the planning board or the board of county commissioners, the development plan shall be placed on the next available agenda of the respective board upon conclusion of review by the site plan technical review committee.

2.

An applicant for an affordable housing project shall meet with the planning director prior to submittal of a proposed development and the planning director shall determine whether the proposal meets the definition criteria of an affordable housing project.

3.

Where the planning director finds that the proposed development meets the definition criteria of an affordable housing project, and where the applicant is not seeking other incentives such as density bonuses, reduced parking, setback reduction or zero lot line configurations, the planning department shall assist the applicant in seeking expedited plan review and shall provide other assistance that promotes the construction of affordable housing as warranted.

4.

Where the applicant is seeking other incentives for an affordable housing project, the request shall be scheduled for the first available meeting or public hearing of the planning board or board of adjustments and appeals subject to meeting notice requirements.

(Ord. No. 98-05, § 1, 6-25-98)

A master plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the preliminary development plan for the first phase of the development and must be approved as a condition of approval of the preliminary plan for the first phase. A preliminary and final development plan must be approved for each phase of the development under the procedures for development review prescribed above. Each phase shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

A.

Required contents. A preliminary development order shall contain the following:

1.

An approved preliminary development plan (may be subject to conditions and modifications) with findings and conclusions.

2.

A listing of conditions that must be met, and modifications to the preliminary development plan that must be made, in order for a final development order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly.

3.

A listing of federal, state, and regional permits that must be obtained in order for a final development order to be issued.

4.

With regard to the concurrency management requirements in article IV:

a.

The initial determination of concurrency.

b.

The time period for which the preliminary development order is valid. This initial determination indicates that capacity is expected to be available for the proposed project, provided that a complete application for a final development order is submitted prior to the expiration date of the preliminary development order.

c.

Notice that the preliminary development order does not constitute a final development order and that one or more concurrency determinations may subsequently be required. The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a final development order.

d.

Notice that issuance of a preliminary development order is not binding with regard to decisions to approve or deny a final development order, and that it does not constitute a binding commitment for capacity of a facility or service.

B.

Optional contents. A preliminary development order may include one or more of the following as conditions of approval:

1.

Agreement by the developer in a recordable written instrument running with the land that no final development order will be requested or approved unless the necessary facilities are programmed for construction within specified time periods.

2.

Commitment by the developer in a recordable written instrument to contract for provision of the necessary services or facilities to achieve the concurrency requirement.

3.

Schedule of construction phasing of the proposed development consistent with the anticipated availability of one or more services or facilities.

4.

Such other conditions as may be required by the development review board to ensure that concurrency will be met for all applicable facilities and services.

A.

Required contents. A final development order shall contain the following:

1.

A determination that, where one was required, a valid preliminary development order exists for the requested development.

2.

An approved final development plan with findings and conclusions.

3.

A determination that all conditions of the preliminary development order have been met.

4.

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

5.

A specific time period during which the development order is valid and during which time development shall commence. A final development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.

B.

Optional contents. A final development order may contain:

1.

A schedule of construction phasing consistent with availability of capacity of one or more services and facilities.

2.

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy or within specified time periods.

3.

Any alternate service impact mitigation measures to which the applicant has committed in a recordable written instrument.

4.

A bond in the amount of 110% of the cost of services or facilities that the applicant is required to construct, contract for construction, or otherwise provide.

5.

Such other conditions as may be required to ensure compliance with the concurrency requirement.

A.

Application. Applications for development review shall be available from the department of planning and development. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation, and embossed with the corporate seal. Site plans for nonresidential development within the commercial corridor mixed use designation of the comprehensive plan must be certified by a professional engineer licensed in the State of Florida.

B.

General plan requirements. All preliminary and final development plans submitted pursuant to this Code shall conform to the following standards:

1.

All plans shall be drawn to a scale of one inch equals 100 feet, unless the director determines that a different scale is sufficient or necessary for proper review of the proposal.

2.

The trim line sheet size shall be 24 inches by 36 inches. A three-quarter-inch margin shall be provided on all sides except for the left binding side where a two-inch margin shall be provided.

3.

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

4.

The front cover sheet of each plan shall include:

a.

A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section(s), township and range, together with the principal roads, city limits, and/or other pertinent orientation information.

b.

A complete legal description of the property.

c.

The name, address and telephone number of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president, secretary and registered agent of the entity shall be shown.

d.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).

e.

Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow, and date.

f.

The plan shall show the boundaries of the property with a metes and bounds description reference to section, township and range, tied to a section or quarter-section or subdivision name and lot number(s).

g.

The area of the property shown in square feet and acres.

5.

Fifteen copies of the submittal shall be required.

6.

Unless a format is specifically called for below, the information required may be presented textually, graphically, or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer to submit the information in a form that allows ready determination of whether the requirements of this Code have been met.

C.

Preliminary development plan. A preliminary development plan shall include the information required [in] subsection 1, below plus the additional or more detailed information described in subsections 2 and 3:

1.

Generally.

a.

The location of existing property or right-of-way lines both for private and public property, streets, railroads, buildings, transmission lines, sewers, bridges, culverts, drainpipes, water mains, fire hydrants, and any public or private easements.

b.

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

c.

Contour lines at two-foot intervals.

d.

All watercourses, water bodies, floodplains, wetlands, important natural features and wildlife areas, soil types and vegetative cover.

e.

The approximate location of protected environmentally sensitive zones and restricted development zones as established in article VI of this Code.

f.

Existing land use/zoning district of the parcel.

g.

A depiction of the abutting property within 400 feet of the proposal, not including public right-of-way in the measurement, showing:

(1)

Land uses and locations of principal structures and major landscape features.

(2)

Densities of residential use.

(3)

Traffic circulation systems.

h.

Location of proposed development in relation to any established urban service areas.

i.

The approximate location and intensity or density of the proposed development.

j.

A general parking and circulation plan.

k.

Points of ingress to and egress from the site relative to existing or planned public or private road rights-of-way, pedestrian ways, or bicycle paths, and proposed access points to existing or planned public transportation facilities.

l.

Existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public water management systems.

m.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

n.

Proposed open space areas on the development site and types of activities proposed to be permitted on them.

o.

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.

p.

A description of how the plan mitigates or avoids potential conflicts between land uses.

q.

Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.

2.

Existing conditions.

a.

If available, the most recent aerial tax accessor's [assessor's] photograph encompassing the project area and identifying the project area and total land areas. The scale should be no smaller than one inch equals 800 feet.

b.

A soils map of the site (existing U.S. Soil Conservation Service maps are acceptable).

c.

A map of vegetative cover including the location and identity by common name of all protected trees. Groups of protected trees may be designated as "clusters" with the estimated total number noted. This information shall be summarized in tabular form on the plan.

d.

A topographic map of the site clearly showing the location, identification, and elevation of benchmarks, including at least one benchmark for each major water control structure.

e.

A detailed overall project area map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through, or from the project area.

f.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including seasonal high water-table elevations and attendant drainage areas for each.

g.

A map showing the locations of any soil borings or percolation tests as may be required by this Code. Percolation tests representative of design conditions shall be performed if the stormwater management system will use swales, percolation (retention), or exfiltration (detention with filtration) designs.

h.

A depiction of the site, and all land within 400 feet of any property line of the site, showing the locations of protected environmentally sensitive zones and restricted development zones.

i.

The location of any underground or overhead utilities, culverts and drains on the property and within 100 feet of the proposed development boundary.

j.

Location, names and widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other public spaces and similar facts regarding adjacent property.

k.

The 100-year flood elevation, minimum required floor elevation and boundaries of the 100-year floodplain for all parts of the proposed development.

l.

Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project.

3.

Proposed development activities and design.

a.

Generally.

(1)

Area and percentage of total site area to be covered by an impervious surface.

(2)

Grading plans specifically including perimeter grading.

(3)

Construction phase lines.

b.

Buildings and other structures.

(1)

Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.

(2)

Front, rear and side architectural elevations of all buildings.

(3)

Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.

(4)

Minimum floor elevations of buildings within any 100-year floodplain.

(5)

The location, dimensions, type, composition, and intended use of all other structures.

c.

Potable water and wastewater systems.

(1)

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

(2)

The boundaries of proposed utility easements.

(3)

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

(4)

Exact locations of on-site and nearby existing and proposed fire hydrants.

d.

Streets, parking and loading.

(1)

The layout of all streets and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

(2)

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.

(3)

The location of all exterior lighting.

(4)

The location and specifications of any proposed garbage dumpsters.

(5)

Cross sections and specifications of all proposed pavement.

(6)

Typical and special roadway and drainage sections and summary of quantities.

e.

Tree removal and protection.

(1)

All protected trees to be removed and a statement of why they are to be removed.

(2)

Proposed changes in the natural grade and any other development activities directly affecting trees to be retained.

(3)

A statement of the measures to be taken to protect the trees to be retained.

(4)

A statement of tree relocations and replacements proposed.

f.

Landscaping.

(1)

Location and dimensions of proposed buffer zones and landscaped areas.

(2)

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

g.

Stormwater management.

(1)

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

(2)

A description of the proposed stormwater management system, including:

(a)

Channel, direction, flow rate, and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

(b)

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes.

(c)

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

(d)

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

(e)

Linkages with existing or planned stormwater management systems.

(f)

On- and off-site rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the stormwater management system.

(g)

The entity or agency responsible for the operation and maintenance of the stormwater management system.

(3)

The location of off-site water resource facilities such as waterworks, surface water management systems, wells, or wellfields, that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

(4)

Runoff calculations shall be in accord with the stormwater management manual or requirements of the county engineer.

h.

Environmentally sensitive lands.

(1)

The exact sites and specifications for all proposed drainage, filling, grading, dredging, and vegetation removal activities including estimated quantities of excavation or fill materials computed from cross sections, proposed within a protected environmentally sensitive zone or restricted development zone.

(2)

Detailed statement or other materials showing the following:

(a)

The percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

(b)

The distances between development activities and the boundaries of the protected environmentally sensitive zones.

(3)

The manner in which habitats of endangered and threatened species are protected.

i.

Signs.

(1)

Two blueprints or ink drawings of the plans and specifications of regulated signs, and method of their construction and attachment to the building or ground, except those plans for standard signs that have been placed on file with the building official by a licensed sign contractor for standard signs. The plans shall show all pertinent structural details, wind pressure requirements, and display materials in accordance with the requirements of this Code and the building and electrical codes adopted by the county. The plans shall clearly illustrate the type of sign or sign structure as defined in this Code; the design of the sign, including dimensions, colors and materials; the aggregate sign area; the dollar value of the sign; maximum and minimum heights of the sign; and sources of illumination.

(2)

For regulated ground signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

(a)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas and other existing ground signs on the parcel.

(b)

All regulated trees that will be damaged or removed for the construction and display of the sign.

(c)

The speed limit on adjacent streets.

(3)

For regulated building signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

(a)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings and structures on the parcel.

(b)

The number, size, type, and location of all existing signs on the same parcel, except a single business unit in a multiple occupancy complex shall not be required to delineate the signs of other business units.

(c)

A building elevation or other documentation indicating the building dimensions.

j.

Subdivision. Proposed number, minimum area and location of lots, if development involves a subdivision of land.

k.

Land use and dedications.

(1)

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, and the like.

(2)

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

(3)

The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) shall be given.

(4)

Location of proposed development in relation to any established urban service areas.

l.

Wellfield protection. Location of on-site wells, and wells within 1,000 feet of any property line, exceeding 100,000 gallons per day.

m.

Historic and archaeologic sites. The manner in which historic and archaeologic sites on the site, or within 1,000 feet of any boundary of the site, will be protected.

D.

Final development plan. A final development plan shall include the information required in a preliminary development plan plus the following additional or more detailed information:

1.

A metes and bounds description of lands to be subdivided, from which and without reference to the plat, the starting point and boundary can be determined.

2.

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat in the county except when the proposed development includes a subdivision that is subdivided as an additional unit or section by the same developer or his successors in title. Every subdivision name shall have legible lettering of the same size and type including the words "section," "unit," "replat," "amended," and the like. The name of the development shall be indicated on every page.

3.

All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered or lettered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions.

4.

All interior excluded parcels shall be clearly indicated and labeled "Not part of this plat/development.

5.

All contiguous properties shall be identified by development title, plat book, and page, or if the land is unplatted, it shall be so designated. If a subdivision to be platted is a resubdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. The abutting existing rights-of-way must be indicated to the centerline.

6.

Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, building lines, buffer strips and walls, and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.

7.

Where the development includes private streets, ownership and maintenance association documents shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the county or any other public agency.

8.

All manmade lakes, ponds, and other manmade bodies of water excluding retention/detention areas shown on the final development plan shall be made a part of adjacent private lot(s) as shown on the final plat. The ownership of these bodies of water shall not be dedicated to the public unless approved by the county.

E.

Master plan. A master plan is required for a major development which is to be developed in phases. A master plan shall provide the following information for the entire development:

1.

A concept plan for the entire master plan area.

2.

A development plan for the first phase or phases for which approval is sought.

3.

A development phasing schedule including the sequence for each phase; approximate size of the area in each phase; and proposed phasing of construction of public recreation and common open space areas and facilities.

4.

Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.

5.

Number, height and type of residential units.

6.

Floor area, height and types of office, commercial, industrial and other proposed uses.

7.

Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.

8.

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

9.

Approximate location and acreage of any proposed public use such as parks, school sites, and similar public or semipublic uses.

10.

A vicinity map of the area within one mile surrounding the site showing:

a.

Land use designations and boundaries.

b.

Traffic circulation systems.

c.

Major public facilities.

d.

Municipal boundary lines.

e.

Urban service area boundaries.

11.

Other documentation necessary to permit satisfactory review under the requirements of this Code and other applicable law as required by special circumstances in the determination of the director.

A.

Generally. Where proposed minor or major development includes the subdivision of land, the final approval of the development plan shall be made contingent upon approval by the county commission of a plat conforming to the development plan.

B.

Filing with department. After receiving plat-contingent final development plan approval, the developer shall submit to the department a plat conforming to the development plan and the requirements of F.S. ch. 177 and this Code. A plat shall clearly and prominently identify all easements, rights-of-way, or other interests in real property that the developer seeks to have the county abandon, vacate, or otherwise relinquish in association with the approval of the plat.

C.

Review by department. The department shall, within five working days of receiving the plat, determine whether the plat conforms to the approved development plan and the requirements of F.S. ch. 177 and this Code. If the department determines that the plat so conforms, it shall place the plat on the next available agenda of the county commission allowing for required notice. If it does not conform, the department shall explain the deficiency in the plat to the developer and inform him that a corrected plat may be resubmitted for approval.

D.

Review by county commission. The county commission shall review the plat for conformity to the comprehensive plan, this Code, and the requirements of F.S. ch. 177. A conforming plat shall be approved and recorded with the clerk of the circuit court, and the department shall forthwith issue the development order allowing development to proceed provided any guarantees described in section 13.02.09 are established and any required federal or state permits have been received. The county commission shall return nonconforming plats to the developer with an explanation of deficiencies and a notice that a corrected plat may be resubmitted for approval.

E.

Language Required to be Included in Plat. Without limitation, the following language shall be included on a plat:

1.

"Acceptance By Board of County Commissioners

State of Florida
County of Okeechobee

It is hereby certified that this plat has been officially approved for record by the Board of County Commissioners for Okeechobee County, Florida, this _______ day of ________, 20 _______. Approval of this plat for recording does not constitute acceptance for maintenance of the streets, roadways, easements or other features depicted on the plat regardless of their dedication. No development rights are granted solely by the execution and recording of this plat. All purchasers are responsible for obtaining any necessary state or local permits and licenses prior to development.

___________
___________, Chair Board of County Commissioners"

2.

"County Clerk

State of Florida
County of Okeechobee

I, ___________, Clerk of the Circuit Court and Comptroller of Okeechobee County, Florida do hereby certify that this plat was filed for record on the _______ day of ________, 20_______ in Plat Book _______, Page _______.

___________
________
Clerk of Circuit Court and Comptroller"

3.

Additional language may be required and the aforementioned language may be modified as warranted, as directed by the county surveyor, the county attorney, or the director.

4.

All language, statements, and dedications required by F.S. ch. 177.

F.

Preliminary plat. Where proposed minor or major development includes the subdivision of land, the director may authorize or require the submission and conditional approval of a preliminary plat as a part of the preliminary development plan approval process. Submission and evaluation of a preliminary plat shall be in accordance with subsections A.—D., as modified by this subsection. Conditional approval of a preliminary plat shall not constitute approval of the final subdivision plat, nor be considered authorization to begin construction. A preliminary plat shall not be recorded with the clerk of the circuit court. Approval of a preliminary plat shall not constitute a guarantee or warranty, either implied or otherwise, that all other applicable codes and ordinances of the county have been complied with by the developer. It shall be the responsibility of the developer to ensure that all applicable requirements of the county relative to the subdividing and development of property have been met. Rather, conditional approval of the preliminary plat shall be deemed an expression of approval as to the general layout submitted on the preliminary plat and as a guide to the preparation of the final plat and construction plans. Such conditional approval shall not obligate the county, by estoppel or otherwise, to abandon, vacate, or otherwise relinquish any easement, right-of-way, or other interest in real property.

G.

Violation. It shall be a violation of this Code for any owner or agent of the owner of any real property located within the county to divide, subdivide, or convey a portion of, any lot of record as of April 2, 1992, without complying with the platting requirements of this Code or complying with the requirements for a deminimus development, family farm clustering, establishment of a condominium pursuant to F.S. ch. 718, division of land into parcels of more than 40 acres not involving any change in street lines or public easements, or any other exception to the platting requirements of this Code. Such violation of this Code shall be continuous with respect to time for each day such parcels remain divided without approval in accordance with this Code, and such parcels, including without limitation the parent parcel, shall be in a state of violation during such period of time. With respect to the transfer of such a parcel, the failure to prominently disclose to a transferee, in writing and before the transfer, that the parcel is nonconforming and was created in violation of this Code shall give rise to a rebuttable presumption of fraud. Violations of this subsection may be enforced in accordance with section 1-13 of the Okeechobee County Code. The violations and the rights and remedies set forth in this subsection shall be cumulative. In addition to any other rights and remedies the county may have for violation of this subsection, the county shall have the right to not process, withhold, and revoke any and all certificates of occupancy, building permits, and development orders concerning any such parcels, including without limitation the parent parcel.

(Ord. No. 2023-0002, § 2(Exh. A), 4-13-23; Ord. No. 2025-0002, § 2(Exh. A), 3-13-25)

A.

Applicability.

1.

The provisions of this section apply to all proposed developments in the county, including private road subdivisions.

2.

Nothing in this section shall be construed as relieving a developer of any requirement relating to concurrency in article IV of this Code.

3.

This section does not modify existing agreements between a developer and the county for subdivisions platted and final development orders granted prior to the effective date of this Code, providing such agreements are current as to all conditions and terms thereof.

B.

Improvements agreements required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements, including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines, shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

1.

Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

2.

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five years from the recording of the plat or 30-percent occupancy of the development, whichever comes first.

3.

The projected total cost for each improvement. Cost for construction shall be determined by either of the following:

a.

Estimate prepared and provided by the applicant's engineer.

b.

A copy of the executed construction contract provided.

4.

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

5.

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making those improvements, the county shall utilize the security provided in connection with the agreement.

6.

Provision of the amount and type of security provided to ensure performance.

C.

Amount and type of security.

1.

The amount of the security listed in the improvement agreement shall be approved as adequate by the director.

2.

Security requirements may be met by but are not limited to the following:

a.

Cashiers check.

b.

Certified check.

c.

Developer/lender/county agreement.

d.

Interest-bearing certificate of deposit.

e.

Irrevocable letters of credit.

f.

Surety bond.

3.

The amount of security shall be 125 percent of the total construction costs for the required developer-installed improvements.

4.

Standard forms are available from the county attorney's office and approved by the county commission.

D.

Completion of improvements.

1.

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is recommended by the county engineer. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one copy of all test results.

2.

Upon final acceptance of all of the required developer-installed improvements, and after the developer has delivered to the county the maintenance security required by subsection E.1., the performance security required by subsections B. and C. shall be released.

E.

Maintenance of improvements.

1.

A maintenance agreement and security shall be provided to assure the county that all required improvements shall be maintained by the developer according to the following requirements:

a.

The period of maintenance shall be a minimum of three years.

b.

The maintenance period shall begin with the acceptance by the county of the construction of the improvements.

c.

The security shall be in the amount of 15 percent of the construction cost of the improvements.

d.

The original agreement shall be maintained by the director.

2.

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the county, a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

a.

When the proposed development is to be organized as a condominium under the provisions of F.S. ch. 718, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

b.

When no condominium is to be organized, a mandatory owners' association shall be created, and all common facilities and property shall be conveyed to that association.

c.

No development order shall be issued for a development for which an association is required until the documents establishing such association have been reviewed and approved by the county attorney.

3.

An association established for the purpose of owning and maintaining common facilities not proposed for dedication to the county shall be created by covenants running with the land. Such covenants shall be recorded prior to or contemporaneously with the recording of the final plat. An association's covenants and organizational documents shall contain the following provisions, as may be modified by the county attorney as warranted:

a.

General rights (but not obligations) of Okeechobee County. Okeechobee County shall have the right, but not the obligation, to enforce by proceedings at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now, or hereafter imposed by the provisions of the declaration, or any amendment thereto, including the right to prevent the violation as to any such provisions, the right to recover damages for any such violations, the right to impose and enforce assessments on behalf of the Association, and the right to recover administrative costs and attorneys' fees and costs incurred by Okeechobee County in the exercise of such rights. No amendment to this declaration, shall impair, restrict or prove detrimental to any right of Okeechobee County as provided within this declaration, and as subsequently amended without the written consent of the Okeechobee County Board of County Commissioners.

b.

Association obligation to maintain, repair, and replace infrastructure improvements. The association is obligated to maintain, repair and replace and otherwise care for or cause to be cared for, any and all common properties, subdivision infrastructure improvements, and drainage systems, including without limitation, the retention/detention areas and underdrains, private roads, screening walls, and such other subdivision infrastructure not otherwise dedicated to the public use or Okeechobee County, including, without limitation, tracts _______ and _______ and the improvements thereon, in accordance with the standards of the Okeechobee County Code of Ordinances and Land Development Code, good engineering practices, and the avoidance of nuisances. The association and the lot and unit owners are obligated to assess, collect and reserve sufficient funds to at all times satisfy such obligations. Okeechobee County shall not be liable or responsible for the maintenance, repair and replacement of common property, subdivision infrastructure improvements, or drainage systems.

c.

Maintenance rights (but not obligations) of Okeechobee County. Okeechobee County shall have the right, but not the obligation, to access, maintain, repair, replace and otherwise care for or cause to be cared for, any and all common properties, subdivision infrastructure improvements, and drainage systems, including without limitation, the retention/detention areas and underdrains, private roads, screening walls, and such other subdivision infrastructure not otherwise dedicated to the public use or Okeechobee County, including, without limitation, tracts _______ and _______ and the improvements thereon. In the event any or all of the said areas, systems, improvements, or properties are not maintained, repaired, or replaced in accordance with the standards of the Okeechobee County Code of Ordinances and Land Development Code, good engineering practices, or become a nuisance, or in the event Okeechobee County exercises its aforementioned right, each of the lot owners of the subdivision are hereby ultimately responsible for payment of the cost of maintenance, repair, replacement and care provided by Okeechobee County or its contractors and agents, plus administrative costs and attorneys' fees and costs incurred by Okeechobee County. If said costs are not paid within 15 days of invoicing, then said costs shall constitute a lien, relating back to the date of recording of this declaration, on the property of the owners which fail to pay such costs. Such lien may be enforced, without limitation, by foreclosure, special assessments, or as may otherwise be permitted by law. This right, and Okeechobee County's exercise of said right, shall not impose any obligation on Okeechobee County to maintain, repair, replace, or otherwise care for said common properties, subdivision infrastructure improvements, and drainage systems, including without limitation, the retention/detention areas and underdrains, private roads, screening walls, and such other subdivision infrastructure not otherwise dedicated to the public use or Okeechobee County, including, without limitation, tracts _______ and _______ and the improvements thereon.

d.

Language evidencing that the association has sufficient powers to:

(1)

Operate, maintain, repair, and replace common properties, subdivision infrastructure improvements, and other improvements in accordance with its obligations.

(2)

Establish rules and regulations.

(3)

Assess members in a manner sufficient to satisfy its obligations.

(4)

Enforce its rules, regulations, and assessments.

(5)

Contract for goods and services in a manner sufficient to satisfy its obligations.

(6)

Exist perpetually, subject to the requirements of Florida law.

(Ord. No. 2023-0002, § 2(Exh. A), 4-13-23)

Editor's note— Ord. No. 2025-0002, § 2(Exh. A), adopted Mar. 13, 2025, repealed § 13.02.10, which pertained to flowchart of development review.

A.

Generally. The department may approve a deminimus development that conforms to the requirements of this part.

B.

Submittals. The department shall consider a proposed deminimus development upon the submittal of the following materials:

1.

An application form provided by the department accompanied by the application fee described in Appendix A;

2.

Five paper copies of the proposed deminimus development;

3.

A statement indicating whether water and/or sanitary sewer service is available to the property; and

4.

Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division shall be prepared by a professional land surveyor registered in the State of Florida. In the event a lot contains any principal or accessory structures, the applicant shall provide certification from a surveyor licensed in the State of Florida demonstrating that the deminimus development shall not create a nonconforming structure due to setback requirements or lack of a principal structure.

5.

A demonstration that the lot or parcel is a lot of record as of April 2, 1992.

C.

Review procedure.

1.

The department shall transmit a copy of the proposed deminimus development to the appropriate departments of the county for review and comments.

2.

If the proposed deminimus development meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the director shall approve the deminimus development by signing a notice of approval of the deminimus development.

(Ord. No. 95-1, § 1 (13.03.01), 6-8-95; Ord. No. 2003-04, § 1(Exh. A), 4-10-03)

A.

Standards. All deminimus developments shall conform to the following standards:

1.

Each proposed lot must conform to the requirements of this Code, including the provision of easements, where appropriate, consistent with easement requirements as established for platting.

2.

Each lot shall abut a public or private street for the required minimum lot width for the zoning district where the lots are located except as hereinafter provided.

3.

If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

4.

To approve the division of one or more parcels in accordance with the provisions for a deminimus development, the area and configuration of each of the new lots shall be consistent or compatible with the surrounding area. In recorded or unrecorded subdivisions, deminimus developments generally shall not be approved where the majority of existing or platted lots have not been divided or where the majority of existing or platted lots are comparable in size or configuration to the subject lot prior to a proposed deminimus division.

B.

Restriction. Where a lot or parcel of any area has been divided after April 2, 1992, that lot or parcel may not be further divided by a deminimus development other than under the provisions established for family farm clustering, unless a development plan is prepared and submitted in accordance with this article.

(Ord. No. 95-1, § 1 (13.03.02), 6-8-95; Ord. No. 2003-04, § 1(Exh. A), 4-10-03)

A.

Application. Application for a variance or special exception 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. Within 20 working days after receipt of the completed application the director of planning and development shall schedule a public hearing on the application as described in subsection B. below.

B.

Notice of public hearing. Notice of public hearing shall be given at least 15 days in advance of the public hearing. The owner of the property for which variance or special exception is sought, or his agent or attorney designated by him on his petition, shall be notified by certified mail. Notice of the public hearing shall be prominently posted on the property for which variance or special exception is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the hearing. Notice shall be given by mail to all owners of property within 100 feet of the boundary lines of the property for which the variance or special exception is requested; for purposes of this section, owners of such adjacent or nearby properties shall be deemed those whose names appear on the latest available tax rolls of the Okeechobee County. The director of planning and development shall certify in writing at the time of the hearing that the required mail notices were sent to the owners of property at the dates and the times required. This certification shall be final, and no proceeding shall be invalidated by reason of any person so named not having received the required mail notice.

C.

Public hearing. The public hearing shall be held by the board of adjustments and appeals in accordance with the rules established by that board. Although strict rules of evidence shall not be required, the hearing shall be conducted in a manner to afford fundamental due process to all parties and to create an adequate record of the proceeding. Any party may appear in person, or by agent or attorney.

D.

Findings. The board of adjustments and appeals shall make findings that the requirements of part 11.03.00 have or have not been demonstrated by the applicant for variance. The board of adjustments and appeals shall make findings that the requirements of part 11.04.00 have or have not been demonstrated by the applicant for a special exception.

Application for a development permit shall be made to the department of planning and development on a form provided by the department and may be acted upon by the department without public hearing or notice.

A.

Zoning action on building permits. The director of planning and development shall be responsible for determining whether applications for building permits as required by the building code of the county are in accord with the requirements of this Code, and no building permit shall be issued without written certification that plans submitted conform to applicable zoning provisions of this Code. No building permit shall be issued by the director of planning and development for the erection, moving, addition to, or alteration of any building or structure except in conformity with the provisions of this Code, unless he shall receive a written order in the form of an administrative review, interpretation, special exception, or variance as provided by this Code, or unless he shall receive a written order from a court of competent jurisdiction.

B.

Application for building permit. All applications for building permits shall, in addition to containing the information required by the building division of the department of planning and development, be accompanied by plot and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the exact size and location on the lot of the building or buildings to be erected or altered; the existing use of buildings on the lot, if any; the intended use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; the exact sizes, locations, and specifications of all stormwater management improvements required to be installed and maintained on the lot pursuant to the stormwater management plan for the development or subdivision; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine compliance with and provide for the enforcement of this Code. In all residential, industrial, and commercial districts, the application shall be accompanied by a certification that all property stakes on the lot are in place, and all property stakes shall be in place at the time of application. In agricultural districts, the director of planning and development may require a similar certification where the presence of property stakes is necessary to determine compliance with any one or all of this Code. For all nonagricultural development:

1.

A copy of a recent survey must be provided if available. A recent survey is one completed within three years of application. Submission of such a survey may eliminate necessity of a current survey. A current survey is one which shows the location of the improvements which are the subject of the application.

2.

A physical site review is required for all applications to ensure lack of existing code violations and correctness of application/site submittals.

3.

Except as provided in subsection 4. below, where the application concerns the construction, placement, or addition to a habitable structure, a current survey will be required as follows:

a.

Where the survey is for a conventional structure, a foundation survey (stemwall, or formboard) will be required prior to slab pour. Floor elevations must be shown on the survey.

b.

In the case of placement or relocation of a manufactured home, mobile home or trailer not placed on a permanent foundation, a final survey which ties the unit to the property lines will be required prior to issuance of the certificate of occupancy.

4.

Where the construction is minor, involves no addition of habitable space, does not encroach upon required yards, does not encroach upon required setbacks and does not exceed the maximum allowable impervious surface coverage of the site, the requirement of a survey may be waived by written consent of the director of planning and development provided there are no current county code violations involving the property.

C.

Expiration of building permit. If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire. It shall be canceled by the director of planning and development, and written notice thereof shall be given to the persons affected.

If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be canceled by the director of planning and development, and written notice thereof shall be given to the persons affected, together with written notice that further work as described in the canceled written permit shall not proceed unless and until a new building permit has been obtained. If the work, structure or building described in any building permit has been abandoned for more than one year without a valid building permit, the work shall be subject to an order of the director of planning and development that the incomplete work, structure or building be removed. Such order may be appealed in the manner described in section 13.06.01 of this Code.

D.

Construction and use to be as provided in applications. Development permits or certificates of occupancy issued on the basis of plans and specifications approved as provided in this Code authorize only the use, arrangement, and construction set forth in such approved plans, applications, and development orders and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of this Code.

Statements made by the applicant on the permit and development applications/plans shall be deemed official statements. Approval of application by the administrative official shall in no way exempt the applicant from strict observance of applicable provisions of this Code and all other applicable regulations, ordinances, codes, and laws.

E.

Development permit issued in error. A development permit issued in error shall not confer any rights or privileges to the applicant to proceed to construction, but the county shall have the power to revoke such permit if actual construction has not commenced.

(Ord. No. 2023-0002, § 2(Exh. A), 4-13-23)

The procedures in this part shall be followed in amending this Code and the comprehensive plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

Any person, board or agency may apply in writing to the department to amend this Code or the comprehensive plan in compliance with procedures prescribed by the department. All applications not exempted as provided in section 13.11.00 shall be accompanied by payment of such fees and charges as have been established by the board of county commissioners. No application for amendment shall be heard by the planning board until such fees and charges have been paid. No person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which that person does not own. Upon receipt of an 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. Within 20 working days after receipt of the completed application the director of planning and development shall refer the application as described in sections 13.06.03 and 13.06.04, below.

The director shall refer nonzoning applications to amend this Code to the technical review committee for comment. The director shall set the application for hearing before the planning board upon receipt of comments from the technical review committee, or 60 days from the date the application was referred to the development review board, whichever comes first. Zoning applications shall be set for hearing before the planning board within 60 days from the date the application was received by the director.

Applications to amend the comprehensive plan shall be set for hearing before the planning board. Amendments may only be submitted to the department of community affairs two times per year on April 30 and October 30 of each year, unless an emergency is declared to exist. The department shall establish deadlines for applications for plan amendments not initiated by the county.

The planning board shall hold a legislative hearing on each application to amend this Code or the comprehensive plan and thereafter submit to the county commission a written recommendation which:

A.

Identifies any provisions of the code, comprehensive plan, or other law relating to the proposed change and describes how the proposal relates to them.

B.

States factual and policy considerations pertaining to the recommendation.

C.

Where the amendment would rezone a classification of land, indicate that the planning board has studied and considered, where applicable, whether or not:

1.

The proposed change is contrary to the established land use pattern;

2.

The proposed change would create an isolated district unrelated to adjacent and nearby districts;

3.

The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc.;

4.

Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

5.

The proposed change would be contrary to the proposed land use plan and would have an adverse effect on the comprehensive plan;

6.

Changed or changing conditions make the passage of the proposed amendment necessary;

7.

The proposed change will adversely influence living conditions in the neighborhood;

8.

The proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

9.

The proposed change will create a drainage problem;

10.

The proposed change will seriously reduce light and air to adjacent areas;

11.

The proposed change will adversely affect property values in the adjacent area;

12.

The proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations;

13.

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare;

14.

There are substantial reasons why the property cannot be used in accord with existing zoning;

15.

Whether the change suggested is out of scale with the needs of the neighborhood or the county;

16.

It is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use.

The county commission shall hold a legislative hearing on the proposed amendment and may enact or reject the proposal, or enact a modified proposal that is within the scope of matters considered in the hearing. If the recommendation of the planning board is adverse to the proposed amendment, such amendment shall not be adopted except by the votes of three or more members of the board of county commissioners.

Each legislative hearing shall conform to the following requirements:

A.

Notice, generally. No request for amendment may be considered by the planning board until such time as notice of a public hearing on the proposed amendment has been given to the citizens of Okeechobee County by publication of a notice of the hearing at least ten days in advance of the public hearing in a newspaper of general circulation in the county, or via a publicly accessible website in accordance with applicable statutory requirements. No request for amendment may be considered by the county commission until such time as notice of a public hearing on the proposed amendment has been given to the citizens of Okeechobee County by publication of a notice of the hearing in accordance with F.S. § 125.66 or F.S. ch. 163, as applicable.

B.

Notice where amendment would change zoning classification of land.

1.

Notice of the time and place of the public hearing by the planning board shall be sent at least 15 days in advance of the hearing by certified mail, return receipt requested, to the owner of the subject property or his designated agent or attorney, if any.

2.

Notice of the time and place of the public hearing by the planning board shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which rezoning is sought; provided, however, that where the applicant is the owner of land not included in applicant's application and such land that is not included in the application is a part of or adjoins the parcel for which request for change in zoning classification is made, the 300-foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by applicant's application. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Okeechobee County.

C.

Hearing. The public hearing shall as a minimum:

1.

Comply with the requirements of state law.

2.

Present the department's analysis of the proposed decision.

3.

Present the department's summary of reports by other agencies.

4.

Permit any person to submit written recommendations and comments before or during the hearing.

5.

Permit a reasonable opportunity for interested persons to make oral statements.

(Ord. No. 2023-0002, § 2(Exh. A), 4-13-23)

A.

Where application granted. Whenever the board of county commissioners has, by amendment, changed the zoning classification of property, the planning board shall not then consider any petition for rezoning of any part or all of the same property for a period of 90 days from the effective date of the amendatory ordinance.

B.

Where application denied. Whenever the board of county commissioners has denied an application for the rezoning of property, the planning board shall not thereafter:

1.

Consider any further application for the same rezoning of any part of all of the same property for a period of 90 days from the date of such action;

2.

Consider an application for any other kind of rezoning on any part or all of the same property for a period of 90 days from the date of such action.

C.

Waiver of time limits. The time limits of subsections 13.05.08A and B above may be waived by three or more affirmative votes of the board of county commissioners when such action is deemed necessary to prevent hardship or injustice or to facilitate the proper development of the Okeechobee County.

A.

Effect of zoning in progress declaration. When a text or map amendment to the Code or comprehensive plan is being developed and considered by county staff, the planning board, or the board of county commissioners, the county may impose a temporary hold on all activity relating to the acceptance, processing, review, and action on applications for any development orders, zoning approvals, business tax receipts, building permits, or the like, submitted during the pendency of a zoning in progress declaration, with respect to the area or the text which is the subject of the proposed amendment. Applications submitted prior to a zoning in progress declaration and found to be complete shall not be subject to the zoning in progress declaration.

B.

Time period of zoning in progress declaration.

1.

The effective date of a zoning in progress declaration shall be the earlier of:

a.

The date a notice of zoning in progress declaration is published in a newspaper of general circulation in the county by the director or designee; or

b.

The date a notice of zoning in progress declaration is publicly posted at the historic courthouse or other designated public location, upon order of the board of county commissioners.

2.

A zoning in progress declaration shall remain in effect from the effective date of the notice until the proposed amendment, with or without revisions, shall have been approved or disapproved by the board of county commissioners, or for a period of 180 days, whichever is sooner. The board of county commissioners may extend the zoning in progress declaration for additional periods of time not to exceed a total of 180 additional days, by posting a notice of extension in the manner provided in subsection B.1.b. The board of county commissioners may order a zoning in progress declaration terminated at any time.

C.

Effect of adoption of proposed amendment. Upon adoption of the proposed amendment, with or without revisions, by the board of county commissioners, all applications for any development orders, zoning approvals, business tax receipts, building permits, or the like, that were subject to the zoning in progress declaration, shall be subject to the proposed amendment as adopted.

D.

Contents of notice of zoning in progress declaration. The notice of zoning in progress declaration shall include:

1.

A statement of the specific text or map amendments to the Code or comprehensive plan that are being developed and considered.

2.

A statement that a temporary hold has been imposed on all activity relating to the acceptance, processing, review, and action on applications for any development orders, zoning approvals, business tax receipts, building permits, or the like, submitted during the pendency of the zoning in progress declaration, with respect to the area or the text which is the subject of the proposed amendment.

3.

A statement that all applications for any development orders, zoning approvals, business tax receipts, building permits, or the like, that are subject to the zoning in progress declaration, shall be subject to the proposed amendment if adopted.

4.

A statement that during the zoning in progress declaration, property owners should not assume the stability of the Okeechobee County Land Development Regulations or Comprehensive Plan upon which they can rely to make investment backed decisions concerning the subject matter of the proposed amendment, that they are put on notice of the proposed amendment, and that any applications subject to the zoning in progress declaration are made at the applicant's own risk, and without the benefit of vested rights or estoppel.

5.

The effective date and the time period the zoning in progress declaration remains effective, as well as a statement that the board of county commissioners may extend the zoning in progress declaration for additional periods of time not to exceed a total of 180 additional days.

6.

The name and contact information for a county staff member to whom inquiries can be directed.

(Ord. No. 2021-0005, § 2, 11-12-21)

A.

Interpretation and enforcement. It is the intent of this Code that questions of interpretation and enforcement shall first be presented to the director of planning and development, that such questions shall be presented to the board of adjustments and appeals only on appeal from the decision of the director of planning and development.

B.

Standing. A developer or any adversely affected person may appeal a final decision of the department on an application for a development permit, development order, or a decision as to whether a development is a minor development or a major development. Appeals are made to the board of adjustments and appeals by filing a notice of appeal with the department within 30 days of the decision.

C.

Hearings; notice. Appeals to the board of adjustments and appeals shall be commenced by filing with the director of planning and development a notice of appeal which shall contain:

1.

A statement of the decision to be reviewed, and the date of the decision.

2.

A statement of the interest of the person seeking review.

3.

The specific error alleged as the grounds of the appeal.

The director of planning and development shall forthwith transmit to the board of adjustments and appeals all papers constituting the record upon which the action appealed from was taken.

The board of adjustments and appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

A.

Status of decisions of board of adjustments. Decisions of the board of adjustments shall be deemed final unless an appeal is filed within 30 days from the date of such board of adjustments decision to a court of proper jurisdiction as prescribed by law.

B.

Standing. A developer, an adversely affected party, or any person who appeared orally or in writing before the board and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision on an application reached at the conclusion of a hearing.

A final legislative action of the board of county commissioners may be reviewed within 30 days from the date of such action to a court of proper jurisdiction as prescribed by law.

Decisions of the planning board are advisory to the board of county commissioners where the recommendation is to legislatively amend any ordinance, the comprehensive plan or any zoning classification.

A.

Ordinance 91-11, which created the Okeechobee County Environmental Control Board, is hereby repealed.

B.

No fine, levy, citation or other order issued by the environmental control board during its existence shall be rendered ineffective or void by virtue of this section. Any such fine, levy, citation, or other order issued by the environmental control board shall remain in full force and effect according to its terms and Florida Law.

(Ord. No. 99-02, §§ 1, 2, 4-8-99)

A.

Minor deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

1.

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

2.

Reduction of the total amount of open space by not more than five percent, or reduction of the yard area or open space associated with any single structure by not more than five percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code.

B.

Major deviations. A major deviation is a deviation, other than a minor deviation, from a final development plan.

A.

Inspection. The department shall implement a procedure for periodic inspection of development work in progress to insure compliance with the development permit which authorized the activity.

B.

Minor deviations. If the work is found to have one or more minor deviations, the department shall amend the development order to conform to actual development. The department may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this Code to the planning board for treatment as a major deviation.

C.

Major deviations.

1.

If the work is found to have one or more major deviations, the department shall:

a.

Place the matter on the next agenda of the planning board, allowing for adequate notice, and recommend appropriate action for the board to take.

b.

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the department determines that work or occupancy may proceed pursuant to the decision of the planning board.

c.

Refer the matter to the code inspector, if it appears that the developer has committed violations within the jurisdiction of the code enforcement board.

2.

The development review board shall hold a public hearing on the matter and shall take one of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of this Code.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

D.

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

Upon completion of work authorized by a development permit or development order, and before the development is occupied, the developer shall apply to the department for a certificate of occupancy. The department shall inspect the work and issue the certificate if found to be in conformity with the permit or order.

The code enforcement board shall enforce this Code according to the procedures set forth below.

A.

Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint, but such complaint shall be in writing and shall be signed by the person complaining. Such complaint stating fully the causes and basis thereof shall be filed with the department. When the department has reason to believe that the provisions of this Code are being violated, it shall initiate enforcement proceedings. No member of the code enforcement board may initiate enforcement proceedings.

B.

The department shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the department shall notify the code enforcement board and request a hearing. If a violation presents a serious threat to the public health, safety, and welfare, the department shall immediately take the case before the code enforcement board, even if the violator has not been notified.

C.

Written notice of the request for hearing and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service.

D.

After a case is set for hearing, the secretary to the code enforcement board or special magistrate shall issue subpoenas as requested by the department and the alleged violator. Subpoenas may be served by the county sheriff's department or by a private process server, at the option of the department. For subpoenas to be served upon persons outside of Okeechobee County, the party requesting the subpoena shall be responsible for transmitting the subpoena to the appropriate sheriff or process server, and that party shall be responsible for all costs of such out-of-county service. The county shall pay all costs of issuing and serving up to and including four subpoenas requested by any party, for subpoenas to be served on persons within Okeechobee County. Should a party request more than four subpoenas to be served on persons within Okeechobee County, that party shall pay all costs incurred in issuing and serving those in excess of four.

E.

Hearings before the code enforcement board shall be conducted as follows:

1.

The secretary shall read the statement of violations and request for hearing.

2.

The alleged violator shall be asked if he wishes to contest the charges.

3.

The county shall present its case and the alleged violator shall present his case. The county's case shall be presented by an attorney representing the county or by a member of the administrative staff of the county. The alleged violator's case may be presented by an attorney, or other representative chosen by the alleged violator.

4.

Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded.

5.

Formal rules of evidence shall not apply, but fundamental due process shall be observed.

6.

Both parties may cross examine witnesses and present rebuttal evidence.

7.

The board and its attorney may call or question any witness.

8.

After all evidence has been submitted, the chair shall close presentation of evidence.

9.

The board shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the board shall adjourn and reconsider the matter as soon as possible at a time and date certain.

10.

A decision of the board must be approved by at least four members of the board. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the board.

11.

The decision shall be announced as an oral order of the board and shall be reduced to writing within ten days and mailed to all parties.

12.

The board may, at any hearing, order the reappearance of a party at a future hearing.

F.

The code enforcement board, upon finding a violation, shall issue an order to comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed $250.00 for each day the violation continues past the specified compliance date.

G.

After an order has been issued by the code enforcement board and a date for compliance has been set, the code inspector or other designated county official shall make a reinspection to determine compliance or noncompliance with the order.

H.

The inspector shall file an affidavit of compliance or noncompliance with the secretary of the code enforcement board, and a copy shall be sent to the violator by certified mail return receipt requested.

I.

If the inspector files an affidavit of compliance, the secretary to the code enforcement board shall close the file and so report to the board.

J.

If the inspector files an affidavit of noncompliance with the secretary to the code enforcement board, the board may order the violator to pay the fine as specified in the board's order.

K.

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested, or personally served upon the violator.

L.

If a fine remains unpaid for a period of 14 days, a certified copy of the order imposing the fine shall be recorded in the public records of Okeechobee County, which shall thereafter constitute a lien against the land on which the violations exists, or if the violator does not own the land, upon any other real or personal property owned by the violator, and may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property. If the fine remains unpaid for a period of one year following the date the lien was filed, the board may authorize the county attorney to foreclose on the lien.

M.

In addition to the penalties prescribed above, the code enforcement board shall:

1.

Direct the director of the department of planning and development not to issue any subsequent development orders for the development until the violation has been corrected.

2.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(Ord. No. 2018-0002, § 8, 8-23-18)

A.

Generally. If the department determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

B.

Other persons liable. The owner or tenant of any building, structure, premises, or part thereof, and any architect, building contractor, agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and suffer the penalties herein provided.

C.

Civil remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this Code, the director, through the county attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation.

D.

Criminal penalties. Violation of the provisions of this Code or failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with grants of variances, special exceptions, development orders or permits shall constitute a misdemeanor. Any person who violates this Code or fails to comply with any of the requirements shall upon conviction thereof be fined not more than $300.00 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

The board of county commissioners hereby establishes a schedule of fees and charges for matters pertaining to this Code. It is the intent of this Code that Okeechobee County shall not be required to bear any part of the cost of applications or petitions made under this Code and that the fees and charges herein set out represent the cost of required postage, clerical, filing, and other costs involved in the processing of applications and petitions. Extraordinary costs in addition to those listed in appendix "A" may be charged to the developer on a case-specific basis.

The schedule of fees and charges listed in appendix "A" shall be posted in the offices of the zoning administrator. The schedule may be changed by resolution of the board of county commissioners and is not subject to the procedure for amendment of this Code set out in this article.

Applications or petitions initiated officially by Okeechobee County by its duly authorized agencies or officers are exempt from the payment of the fees or charges herein set out.

Until the applicable fees or charges have been paid in full, no action of any type or kind shall be taken on an application or petition.