The purpose of this article is to describe the specific uses and restrictions that apply to land use categories in the land use element of the comprehensive plan as well as the zoning districts established for Okeechobee County. These regulations are intended to allow development and use of property only in compliance with the goals, objectives, and policies of county as expressed in the Okeechobee County Comprehensive Plan.

Land use categories for the county are established in the Okeechobee County Comprehensive Plan and are the product of an analysis of both the existing conditions in the county as well as the application of planning and growth management principles. Land use categories must be reviewed and approved by the Florida Department of Community Affairs (DCA). These districts may only be modified by a comprehensive plan amendment that must also be reviewed and approved by DCA. Zoning districts are specific defined areas where certain uses are permitted, prohibited, or restricted. By state law, all zoning districts must be consistent with the Okeechobee County comprehensive plan.

Land use categories for the county are established in the comprehensive plan, future land use element, including a map series. The land use categories and classifications defined in the future land use element of the county comprehensive plan and delineated on the future land use map shall be the determinants of permissible activities on any parcel in the unincorporated areas of the county. The land use categories are:

Agriculture;

Rural activity centers;

Urban residential mixed use;

Commercial corridor mixed use;

Public/semi public facility;

Industrial;

Conservation 1;

Conservation 2;

Recreation;

Power plant;

Commercial activity centers;

Resort activity centers;

Resort corridor;

Rural estate.

(Ord. No. 97-02, § 1, 2-27-97; Ord. No. 2005-12, § 1(Exh. A), 7-28-05)

All uses described in this section may be subject to further limitation, restriction or exclusion as a result of the application of zoning districts and other design, compatibility and construction requirements of this Code. Nothing contained in this section shall be construed as permitting a use that would otherwise be prohibited elsewhere in this Code or by any provision of any incorporated ordinance or regulation. All uses not permitted are prohibited.

A.

Agriculture. As defined by Policy L1.10 of the Okeechobee County Comprehensive Plan. Primary uses include agricultural pursuits, agricultural processing, and residential development at a gross density not to exceed that established by the comprehensive plan.

B.

Rural activity center. As defined by Policy L1.4 of the Okeechobee County Comprehensive Plan. Primary uses include residential development at a gross density not to exceed that as established by the comprehensive plan, neighborhood commercial, light industrial and agricultural uses.

C.

Urban residential mixed use. As defined by Policy L1.1 of the Okeechobee County Comprehensive Plan. Primary uses include residential development at a gross density not to exceed that as established by the comprehensive plan, neighborhood commercial and agricultural uses.

D.

Commercial corridor mixed use. As defined by Policies L1.2 and L1.3 of the Okeechobee County Comprehensive Plan. Primary uses include commercial and light industrial uses and residential development at a gross density not to exceed that as established by the comprehensive plan.

E.

Public/semi-public facility. As defined by Policy L1.6 of the Okeechobee County Comprehensive Plan. Primary uses include facilities under public, semi-public or private ownership which provide a needed public service to the residents of Okeechobee County and the State of Florida. Public/semi-public uses are permissible in all future land use categories subject to criteria and regulations as established by this Code. Landfills and public airports shall require a public/semi-public designation on the future land use map.

F.

Industrial. As defined by Policy L1.8 of the Okeechobee County Comprehensive Plan. Primary uses include industrial uses.

G.

Conservation 1, Conservation 2. As defined by Policy L1.9 of the Okeechobee County Comprehensive Plan. Primary uses include conservation uses.

H.

Recreation. As defined by Policy L1.7 of the Okeechobee County Comprehensive Plan. Primary uses include active and passive recreation uses. Recreation uses are permissible in all future land use categories subject to criteria and regulations as established by this Code.

I.

Power plant. As defined by Policy L1.5 of the Okeechobee County Comprehensive Plan. Primary uses include utility plant sites including independent power company generation plants and agricultural uses.

J.

Commercial activity centers. As defined by Policy L1.11 of the Okeechobee County Comprehensive Plan. Primary uses include commercial and light industrial uses and residential development at a gross density not to exceed that as established by the comprehensive plan.

K.

Resort activity centers. As defined by Policy L1.12 of the Okeechobee County Comprehensive Plan. Primary uses include residential development at a gross density not to exceed that as established by the comprehensive plan, and other uses as established by the comprehensive plan.

L.

Resort corridor. As defined by Policy L1.13 of the Okeechobee County Comprehensive Plan. Primary uses include neighborhood or resort oriented commercial uses and residential development at a gross density not to exceed that as established by the comprehensive plan.

M.

Rural estate. As defined by Policy L1.14 of the Okeechobee County Comprehensive Plan. Primary uses include low density residential development at a gross density not to exceed that as established by the comprehensive plan.

(Ord. No. 97-02, § 1, 2-27-97; Ord. No. 2005-12, 1(Exh. A), 7-28-05)

Editor's note— Section 1 of Ord. No. 97-02, adopted February 27, 1997, repealed § 2.01.03, which pertained to uses permitted in land use categories and derived from the original Ord. No. 92-20.

_____

TABLE OF DENSITY AND UNIT TYPES

Notes:

¹ This column indicates the gross density allowable subject to minimum requirements and subject to maximum densities as established in the Okeechobee County Comprehensive Plan except as may be permissible through clustering or transfers of development rights as set forth in this Code.

² On-site housing is permissible only when demonstrated that it is expressly required for the use, and must be authorized by the Department. Criteria established by zoning districts and standards established by sections 7.08.02 and 7.08.03 of this Code apply.

(Ord. No. 93-10, § 2, 7-22-93; Ord. No. 97-02, § 1, 2-27-97; Ord. No. 2005-12, 1(Exh. A), 7-28-05)

A.

Generally. A floor area ratio is a measurement of the intensity of development on a site. For purposes of this Code, floor area ratios (FAR) are provided only for non-residential development.

B.

Calculating floor area ratio. The floor area ratio is the relationship between the total floor area on a site and the gross site area. The FAR is calculated by adding together all floor areas of all floors and dividing this total by the gross site area. See figure 2.01.05-A for a graphic illustration of this concept.

C.

Table of Floor Area Ratios

Notes:

¹ Floor area ratio (FAR) = Total building floor area/total lot area

² Floor area ratio (FAR) may be increased up to 4.0 by special exception or when approved as part of a planned development district. Increased setbacks, screening or other compensating features or attributes shall be required where an increase in the floor area ratio is approved pursuant to this provision.

(Ord. No. 2005-12, 1(Exh. A), 7-28-05)

Add figure page 148

Figure 2.01.05-A. Floor area ratio.

(Ord. No. 97-02, § 1, 2-27-97)

A.

Establishment of districts. The unincorporated area of the County of Okeechobee is hereby divided into districts or zones as shown on the official zoning atlas which is hereby adopted by reference and declared to be a part of this Code.

B.

Official zoning atlas. The official zoning atlas shall be the official zoning atlas of Okeechobee Ordinance 74-1, as amended, in effect the day prior to the day of the adoption of this Code.

C.

Final authority as to zoning. Regardless of the existence of purported copies of all or part of the official zoning atlas which may from time to time be made or published, the original atlas held by the county clerk shall be the final authority as to the current zoning status of all lands and waters in the unincorporated area of the county.

D.

Replacement of official zoning atlas. If the official zoning atlas or any page or portion thereof becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, the board of county commissioners may by resolution adopt a new official zoning atlas, or any page or pages thereof, may correct drafting or other errors or omissions in the prior official zoning atlas, or page or pages thereof, but no such correction shall have the effect of amending the original official zoning atlas, or page or pages thereof.

If, in accordance with the provisions of this Code and applicable provisions of law, changes are made in district boundaries or other matters portrayed on the official zoning atlas, such changes shall be entered promptly on the official zoning atlas after the amendment has been approved by the board of county commissioners, with an entry on the appropriate page of the official zoning atlas as follows: "On ________ by Ordinance No. _____ of the County of Okeechobee, the following changes were made in the Official Zoning Atlas: (brief description of nature of change)," which entry shall be attested by the county clerk. No amendment to this Code which involves matters portrayed in the official zoning atlas shall become effective until such change and entry has been made in the manner herein set out. No changes of any nature shall be made in the official zoning atlas or any matter shown thereon except in conformity with the procedures set out in this Code.

The regulations herein set out within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, or land or water. Except as hereinafter provided:

A.

Use or occupancy. No building, structure, land, or water shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

B.

Height of structures, population density, lot coverage. No building or structure shall hereafter be erected or altered in any manner contrary to the provisions of this Code, and especially:

1.

To exceed height, bulk, or floor area;

2.

To provide a greater number of dwelling units or less lot area per dwelling unit;

3.

To provide less lot area per dwelling unit or to occupy a smaller lot; or

4.

To occupy a greater percentage of lot area;

5.

To provide narrower or smaller yards, courts, or other open spaces;

6.

To provide lesser separation between buildings or structures or portions of buildings or structures.

C.

Multiple use of required space prohibited. No part of a required yard or other required open space, or required off-street parking or off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made in this Code. See section 7.04.01(E).

D.

Reduction of parcel or lot area prohibited. No lot, parcel or yard existing at the effective date of this Code shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase, and the like. Lots or yards created after the effective date of code shall meet at least the minimum requirements established herein.

E.

More than one dwelling unit per lot prohibited. There shall be no more than one residential dwelling unit on any lot or parcel except where specific provision is made in this Code. Where a dwelling unit lawfully exists on a lot or parcel, a permit may be issued for the construction or installation of a dwelling unit constructed or fabricated in accord with the standard building code provided that the construction or installation of the new dwelling shall be completed within two years of the issuance of the permit. The prior unit shall be removed and properly disposed of within 14 days of the issuance of a certificate of occupancy for the new unit. In no event may the prior unit be located on the lot or parcel for a period of time exceeding two years plus 14 days from the date that the first permit authorizing commencement of the construction activity is issued. Minimum yard and other applicable regulations apply. Permit fees or securities shall be as established by resolution of the board of county commissioners. This section shall not be construed to allow for the temporary placement or installation of a unit or structure to be used for dwelling purposes during construction activity.

(Ord. No. 97-02, § 1, 2-27-97)

A.

Zoning districts. Districts, as established by this Code and as delineated on the official zoning atlas, are as follows with titles and abbreviations for symbol purposes as indicated:

¹ Certain zoning district titles have been changed from Ordinance 74-1. Where such a change has occurred, the new title shall refer to the areas described on the official zoning atlas described by the original title based upon the following conversion: AC—Agriculture Conservation is now A—Agriculture; CI—Commercial is now C-1, Light Commercial; CII—Commercial is now C-2—Heavy Commercial; GU—Government Use is now PS—Public/Semi Public Use.

² These zones are static. No additional land will be zoned to either classification. Special exceptions (Part 11.04.00) for the previously permitted Commercial (C) zoning classification shall be determined by the future land use designation of the parcel for which the special exception is sought. If commercial corridor (CC) or industrial (I), the special exceptions for heavy commercial (C2), shall apply. If rural activity center (RAC) or urban residential mixed use (URM), the special exceptions for neighborhood commercial-1 (NC-1), shall apply. If any other future land use classification, no special exceptions shall be permitted.

³ These classifications are newly established and will not be reflected on the zoning atlas as of the effective date of this Code. NC-1 and NC-2, along with commercial—Recreational vehicle, will be the only commercial classifications permitted in the urban residential mixed use (URM), rural activity center (RAC) and resort activity center (RESAC) future land use classifications.

⁴ This classification is newly established and will not be reflected on the zoning atlas as of the effective date of this Code. Commercial—Recreational vehicle is the only zoning district that will allow for recreational vehicles, and is permissible in the urban residential mixed use, rural activity center (RAC), resort activity center (RESAC), resort corridor (RC) and commercial corridor mixed use future land use classifications. Existing recreational vehicle parks or subdivisions, regardless of existing zoning and where previously approved or where determined to be vested and therefore non-conforming, shall be governed by the regulations of the C-RV zoning district; provided that existing recreational vehicle parks or subdivisions that currently allow for recreational vehicles to be tied down shall not be required to obtain a special exception in order to continue to do so. Expansions of existing recreational vehicle parks or subdivisions shall require C-RV zoning and, where appropriate, the relevant special exception.

⁵ These classifications are newly established and will not be reflected on the zoning atlas as of the effective date of this Code. Light industrial (I-1) is the only industrial zone allowed in the commercial corridor (CC) and rural activity center (RAC) future land use designations. Heavy industrial (I-2) is the only industrial zone allowed in the industrial (I) future land use designation. Special exceptions (Part 11.04.00) for the previously permitted industrial (I) zoning classification shall be determined by the future land use designation of the parcel for which the special exception is sought. If commercial corridor (CC) or rural activity center (RAC), the special exceptions for light industrial (I-1), shall apply. If industrial (I), the special exceptions for heavy industrial (I-2), shall apply.

(Ord. No. 94-8, § 1 (2.03.04), 10-5-94; Ord. No. 99-08, § 1, 8-12-99; Ord. No. 2005-12, 1(Exh. A), 7-28-05)

A.

Residential Districts. Where the phrases "all residential districts," "residential districts," "zoned residentially," or "residentially zoned" are used in this Code, the phrases shall be construed to include the following districts:

B.

Commercial Districts. Where the phrases "commercial districts," "zoned commercially," "commercially zoned," or "commercial zoning" are used in this Code, the phrases shall be construed to include:

C.

Industrial districts. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," or "industrial zoning" are used in this Code, the phrases shall be construed to include:

D.

Agricultural districts. Where the phrases "agricultural districts," "zoned agricultural," "agriculturally zoned," or "agricultural zoning" are used in this Code, the phrases shall be construed to include:

E.

Planned development districts. Where the phrases "planned development", "zoned planned development", "planned development zoned," or "planned development zoning" are used in this Code, the phrases shall be construed to include:

(Ord. No. 94-8, § 1 (2.03.05), 10-5-94; Ord. No. 99-08, § 1, 8-12-99; Ord. No. 2005-12, 1(Exh. A), 7-28-05)

These districts are composed of large, open land areas. It is intended by the use of these districts to retain and preserve, insofar as desirable and practicable, the open character of the land. To that end, permitted and permissible uses are basically limited to agricultural, and, with certain limitations, other uses not contrary to the character of these districts. It is intended that this classification basically serve three purposes: (1) to preserve for agricultural uses those lands with agricultural development potential, to the end that man's future needs for food and fiber will be met; (2) to preserve and protect marsh lands, water sheds and water recharge areas, open spaces, scenic areas, and park areas (where not otherwise zoned PS); (3) to serve as a "holding classification" for lands which eventually may be required for more intensive uses. In the case of (3) it is the intention of this Code that such lands not be rezoned for more intensive uses without a clear showing of the public need, availability of services consistent with the more intensive uses proposed, and insurance that, upon rezoning, the development will not result in undue added financial burden to the residents of the County.

The regulations for the A districts discourage or prohibit non-agriculturally oriented residential development, and prohibit commercial or industrial development except for certain agriculturally related activities. The regulations are intended to protect life and property in areas subject to periodic flooding and to conserve fish and wildlife.

A.

Permitted principal uses and structures.

1.

Agricultural uses, including accessory structures and uses incident to agricultural activity.

2.

Temporary roadside stands for sale of agricultural products.

3.

Railroad, electric power or natural gas line right-of-way.

4.

Permanent housing for agricultural labor employed on the premises located not closer than 200 ft. to any other property under separate ownership and with a ratio not greater than one dwelling unit for each 20 acres of land contained in the premises on which the labor is employed.

5.

Cemetery, columbarium, or mausoleum, provided no grave, monument, or building shall be closer than 25 ft. to any boundary line of the property; crematory for human remains when accessory to and on the same premises as a cemetery, columbarium or mausoleum.

6.

Game preserves and wildlife management areas; fish hatcheries and refuges; private hunting and fishing camps.

7.

Water conservation areas, water reservoirs and control structures, water and drainage wells.

8.

Boarding stable, provided no structure for the housing of animals shall be located within 200 ft. of any property line in separate ownership.

9.

Home occupations.

10.

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

11.

Public utility facilities and utility plant sites including independent power company generation plants and directly associated facilities, and smaller properties related to the distribution of a utility service (such as power substations and sewer lift stations). This use shall permit on-site disposal of waste ash which has been generated on site as a result of power production subject to the provisions of this Code and other applicable state and local regulations.

12.

Public or private elementary and high schools with conventional academic curriculums.

13.

Monasteries, convents, houses of worship.

14.

Residential single family dwellings and manufactured homes, subject to density criteria as established by the comprehensive plan.

15.

For lots or parcels five acres or less in area:

a.

Residential single-family dwellings and manufactured homes, subject to densities described in this Code.

b.

Schools with conventional academic curriculums.

c.

Public parks, playgrounds, playfields and county buildings; public libraries.

d.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of this Code.

e.

Railroad right-of-way, utilities rights-of-way.

f.

Home occupations as defined in this Code.

16.

Cultivation facilities components and processing facilities components of a medical marijuana treatment center, but not dispensing facilities components. (See Section 7.09.02.H. of this Code.)

B.

Prohibited uses and structures. Any use or structure not specifically or provisionally permitted herein.

C.

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted or permissible principal uses and structures. Residential structures shall be permitted as accessory uses only when such buildings are for the residence of the owner, operator, or employees of agricultural, conservation or other permitted or permissible activities.

For lots or parcels five acres or less in area, permissible accessory uses and structures shall be as follows:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises).

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a single-family residential development.

6.

Non-commercial plant nurseries and green-houses, gardens, servants' quarters, private garages, tool houses and garden shed, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in these districts.

7.

On lots or parcels five acres or less in area, the keeping of farm animals is permissible as an accessory use when the lot or parcel is in an agriculture or rural activity center future land use classification as follows:

a.

For such lots or parcels in an agriculture or rural activity center future land use classification except for the Viking Rural Activity Center, the following provisions apply:

i.

The lot or parcel must be one acre or larger in area. Contiguous lots or parcels under the same ownership may be combined to determine the applicable land area.

ii.

Farm animals that may be kept include only horses and cows and are limited in number as follows:

a.

On lots or parcels one acre or more in area but less than two acres, not more than a total of two horses and/or cows;

b.

On lots or parcels two acres or more in area but less than three acres, not more than a total of three horses and/or cows;

c.

On lots or parcels three acres or more in area but less than four acres, not more than a total of four horses and/or cows;

d.

On lots or parcels four acres or more in area but less than five acres, not more than a total of five horses and/or cows; and

e.

On parcels five acres in area, not more than a total of six horses and/or cows.

iii.

Where Class 2 or Class 3 captive wildlife, as defined by the Florida Fish and Wildlife Conservation Commission, are also maintained outdoors on a parcel, the number of horses and/or cows that may be kept as specified above shall be reduced by one for each Class 2 or Class 3 captive wildlife animal that is maintained outdoors.

iv.

Any building, structure, pen and the like that requires a permit other than a perimeter fence used to house or confine horses and/or cows shall be set back at least 35 feet from any property line.

v.

Any type of domestic farm animal as defined by these regulations may be kept temporarily for a period of time not to exceed six months when part of a project sponsored by 4H, FFA or the Okeechobee County School District. If the time frame for a sponsored project exceeds six months, then the domestic farm animal may be kept only in accordance with all other provisions of this section, including limiting the farm animal to only a horse or a cow and not exceeding the maximum number of horses and/or cows otherwise allowed.

b.

For such lots or parcels in the Viking Rural Activity Center, the following provisions shall apply:

i.

The lot or parcel must be one acre or larger in area. Contiguous lots or parcels under the same ownership may be combined to determine the applicable land area.

ii.

Farm animals that may be kept include any type of livestock or poultry, and are limited in number as follows:

a.

On lots or parcels one acre or more in area but less than two acres, not more than a total of two animal unit equivalents;

b.

On lots or parcels two acres or more in area but less than three acres, not more than a total of three animal unit equivalents;

c.

On lots or parcels three acres or more in area but less than four acres, not more than a total of four animal unit equivalents;

d.

On lots or parcels four acres or more in area but less than five acres, not more than a total of five animal unit equivalents;

e.

On parcels five acres in area, not more than a total of six animal unit equivalents.

f.

In addition to the livestock animal unit equivalents that may be kept, up to 12 poultry may also be kept.

iii.

Where Class 2 or Class 3 captive wildlife, as defined by the Florida Fish and Wildlife Conservation Commission, are also maintained outdoors on a parcel, the number of animal unit equivalents that may be kept as specified above shall be reduced by the applicable animal unit equivalent of the Class 2 or Class 3 captive wildlife animal that is maintained outdoors.

iv.

Side and rear setbacks are reduced to 25 feet for any building, structure, and the like other than a perimeter fence that requires a permit. The reduced side and rear setbacks of 25 feet shall also apply to principal structures such as a single-family dwelling or manufactured home.

v.

Any type of domestic farm animal as defined by these regulations may be kept temporarily for a period of time not to exceed six months when part of a project sponsored by 4H, FFA or the Okeechobee County School District. If the time frame for a sponsored project exceeds six months, then the domestic farm animal may be kept only in accordance with all other provisions of this section, including limits on the total number of animal unit equivalents that are allowed.

vi.

The type of farm animals that may be kept include any type of livestock as defined in F.S. § 588.13, or poultry as defined in F.S. § 583.01(19).

vii.

The table below illustrates the animal unit equivalent for a variety of livestock types, the number of that type of animal that may be kept on the first acre, and the maximum that may be kept on five acres if all livestock are the same type of animal. Livestock types may be mixed but the total may not exceed the number of animal equivalent units established for the parcel size. For types of livestock not on the table below, the property owner shall provide the department with a statement from a licensed veterinarian indicating the animal unit equivalent or typical weight for that particular type of livestock.

(Ord. No. 93-10, § 3, 7-22-93; Ord. No. 95-1, § 1 (2.04.01), 6-8-95; Ord. No. 99-09, § 1(Exh. B), 8-12-99; Ord. No. 2005-12, 1(Exh. A), 7-28-05; Ord. No. 2017-0005, § 1(Att. 1), 10-26-17; Ord. No. 2020-0004, § 1 (Att. 1), 9-11-20)

These districts are intended to be single-family residential areas. Certain structures and uses designed to serve governmental, educational, religious, noncommercial recreational, and other immediate needs of such areas are permitted or are permissible as special exceptions, subject to restrictions and requirements necessary to preserve and protect their single-family residential character.

A.

Permitted principal uses and structures.

1.

Single-family dwellings subject to densities described in this Code.

2.

Schools with conventional academic curriculums.

3.

Public parks, playgrounds, playfield and county buildings; public libraries.

4.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of this Code.

5.

Railroad right-of-way, utilities rights-of-way.

6.

Home occupations as defined in this Code.

7.

Houses of worship, provided minimum parcel size shall not be less than five acres.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

C.

Accessory uses and structures. Uses and structures which:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises).

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a single-family residential development.

6.

Noncommercial plant nurseries and greenhouses, gardens, servants' quarters, private garages, toolhouses and garden sheds, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in these districts.

This district is intended to be for low to medium density residential use, with a compatible mixture of residential types. Code regulations are designed to preserve the district residential character. Certain non-residential uses, properly sited and controlled, are permissible as special exceptions in this district.

A.

Permitted principal uses and structures.

1.

Residential development as follows:

a.

Single family, single family attached and multi family dwellings at a density not to exceed five units per acre;

b.

For parcels that obtained this designation prior to September 16, 2005, single family, single family attached and multi family dwellings at a density not to exceed a density of 18 units per acre where a development plan for the parcel or parcels is submitted and approved prior to December 15, 2006, including demonstrating that concurrency is met, otherwise the provisions of subparagraph a. above shall apply.

2.

Schools with conventional academic curriculums.

3.

Public parks, playgrounds, playfield and county buildings; public libraries.

4.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of this Code.

5.

Railroad right of way, utilities rights-of-way.

6.

Home occupations.

7.

Houses of worship.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

C.

Accessory uses and structures.

Uses and structures which:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises.

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a low to medium density residential neighborhoods.

6.

Non-commercial plant nurseries and green-houses, gardens, servants' quarters, private garages, tool houses and garden shed, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in this district.

(Ord. No. 2005-12, 1(Exh. A), 7-28-05)

Prior to the enactment of Ordinance 74-1, certain areas of the county developed with an intermixture of conventional dwellings and mobile homes, along with a variety of other incompatible uses. Uses existing in this district are such at the time of the adoption of Ordinance 74-1 that any attempt to apply other zoning classifications of these regulations to such areas would result in a large number of non-conformities and economic hardship on residents of such areas, and would pose administrative difficulties of great magnitude. RM districts permit the continued mixing of conventional residences and mobile homes (as did Ordinance 74-1), though certain other existing uses are made non-conforming in an effort to up-grade and improve such areas. It is intended that no further property in the county will be zoned RM; to that end, no application for zoning of property to RM shall be accepted by the department of planning and development. RM district maximum boundaries shall remain as shown on the official zoning areas at the date of adoption of Ordinance 74-1 except where an RM district, or portion of such district, is changed to another classification under this Code.

A.

Permitted principal uses and structures.

1.

Residential single family dwellings and manufactured homes, subject to densities described in this Code.

2.

Schools with conventional academic curriculums.

3.

Public parks, playgrounds, playfield and government buildings; public libraries.

4.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of this Code.

5.

Railroad right-of-way, utilities rights-of-way.

6.

Home occupations.

7.

Houses of worship.

8.

Multi-family structures to be used for farmworker housing pursuant to section 7.09.02(G), multi-family structures for farmworker housing in residential mixed districts, when replacing existing non-conforming mobile home parks licensed by the State of Florida as migrant labor camps as of January 1, 1999.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein or permissible by special exception.

C.

Accessory uses and structures. Uses and structures which:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises.

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a low to medium density residential neighborhoods.

6.

Non-commercial plant nurseries and green-houses, gardens, servants' quarters, private garages, tool houses and garden shed, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in this district.

7.

Horses and/or cows but not other domestic farm animals for personal use or consumption as strictly incidental and accessory to a permitted principal residential use as follows:

a.

On lots or parcels one acre or greater in area and only in the agriculture and rural activity center future land use classifications and in that portion of the urban residential mixed use future land use classification that is west of US Highway 98 and north of State Road 70 West.

b.

Lots or parcels that as originally developed, divided or platted are less than one acre in area may not be combined for the purpose of meeting the applicable minimum lot area requirement that would allow for the keeping of horses and/or cows.

c.

On lots or parcels one acre or more in area but less than two acres, not more than a total of two horses and/or cows;

On lots or parcels two acres or more in area but less than three acres, not more than a total of three horses and/or cows;

On lots or parcels three acres or more in area but less than four acres, not more than a total of four horses and/or cows;

on lots or parcels four acres or more in area but less than five acres, not more than a total of five horses and/or cows; and

On parcels five acres or more in area, not more than a total of six horses and/or cows.

d.

Where there are two contiguous lots under common ownership, the area of both lots shall be combined and considered as one parcel to determine the number of horses and/or cows that may be maintained on the property.

e.

Where class 2 or class 3 captive wildlife, as defined by the Florida Fish and Wildlife Conservation Commission, are also maintained outdoors on a parcel, the number of horses and/or cows that may be kept as specified in paragraphs c and d above shall be reduced by one for each class 2 or class 3 captive wildlife animal that is maintained outdoors.

f.

Any building, structure, pen and the like other than a perimeter fence used to house or confine horses and/or cows shall be set back at least 25 feet from any property line, except that the setback shall be 50 feet where a parcel is greater than two and one-half acres in area.

g.

Any type of domestic farm animal as defined by these regulations may be kept temporarily for a period of time not to exceed six months when part of a project sponsored by 4H, FFA or the Okeechobee County School District. If the time frame for a sponsored project exceeds six months, then the domestic farm animal may be kept only in accordance with all other provisions of this section, including limiting the farm animal to only a horse or a cow and not exceeding the maximum number of horses and/or cows otherwise allowed.

(Ord. No. 93-10, § 4, 7-22-93; Ord. No. 99-08, § 1, 8-12-99; Ord. No. 2000-01, § 1, 3-9-00; Ord. No. 2005-12, 1(Exh. A), 7-28-05)

It is the intent of this section that adequate provision be made for mobile home and manufactured home parks and subdivisions in Okeechobee County. It is further the intent to declare that the use of mobile homes for dwelling purposes shall be in mobile home parks or mobile home subdivisions, except as set out specifically in part 7.08.00. It is further the intent to find and declare that the mixing of mobile homes or manufactured homes and conventional dwellings in the same development makes for mutual incompatibility to the economic and environmental detriment of both types of dwellings. It is further the intent to find and declare that a minimum area for a mobile home or manufactured home park or subdivision is necessary to ensure the long-term viability of such a development. Therefore, a special district of low to medium dwelling density known as the RMH residential mobile home district is established to provide suitable living environments in mobile home and manufactured home developments and to insure the compatibility of such developments with adjoining and nearby present and future development of other types. Mobile home parks and subdivisions and manufactured home parks are subject to development regulations as set forth in article VII and elsewhere in the Code. There is also established a minimum parcel area of 15 acres for consideration of a change in zoning to this zoning district.

A.

Permitted principal uses and structures.

1.

Manufactured home subdivisions developed in full accord with applicable county regulations, including subdivision regulations, and subject to minimum parcel area as established for this district and subject to maximum density criteria as established by the Okeechobee County comprehensive plan. When located in the rural activity center future land use classification, a manufactured home subdivision may not contain fewer than 40 manufactured home lots. Permitted uses in such approved subdivisions include one manufactured home per platted lot.

2.

Mobile home subdivisions developed in full accord with applicable county regulations, including subdivision regulations, and subject to minimum mobile home subdivision size criteria and subject to maximum density criteria as established by the Okeechobee County comprehensive plan. When located in the rural activity center future land use classification, a mobile home subdivision may not contain fewer than 40 mobile home lots. Permitted uses in such approved subdivisions include one mobile home or manufactured home per platted lot.

3.

A conventional single-family dwelling may be erected as a permitted use on a lot in an approved mobile home or manufactured home subdivision provided:

(1)

Such construction meets all standards for a single-family dwelling in RSF save the requirement of minimum lot size;

(2)

Such dwelling shall contain not less than 1,000 square feet of habitable living space not counting carport, patio, screen room or utility room;

(3)

The person whose name appears on the building permit shall be the owner of record for the lot involved.

4.

Home occupations.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

C.

Accessory uses and structures. The following accessory uses and structures are permissible subject to the criteria as stated below, and provided that such accessory uses and structures are included in a site plan approved by the site plan technical review committee:

1.

Park or subdivision recreation facilities, including common room or center, hurricane shelter facilities, courts for games, docks, piers, swimming pools, boat launching area.

2.

Park or subdivision offices, maintenance facilities, and laundry facilities.

3.

Enclosed storage structures and storage garage facilities with use limited to park or subdivision residents only.

In the case of a mobile home or manufactured home park, accessory uses and structures are permitted where such accessory uses and structures are customarily accessory and clearly subordinate to permitted or permissible uses and structures, do not involve the conduct of business on the premises (except home occupation on the premises), are located on the same parcel as the mobile home or manufactured home park, are not of a nature likely to attract visitors in larger numbers than would normally be expected in a mobile home or manufactured home park, and do not involve operations or structures not in keeping with the character of a mobile home or manufactured home park. In the case of a mobile home or manufactured home subdivision, uses and structures which:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises).

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a low- to medium-density residential neighborhood.

6.

Noncommercial plant nurseries and greenhouses, gardens, servants' quarters, private garages, toolhouses and garden sheds, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in this district.

(Ord. No. 93-10, § 5, 7-22-93; Ord. No. 94-8, § 1 (2.04.05), 10-5-94; Ord. No. 96-03, § 1, 4-11-96)

These districts provide for activities with small-scale agricultural orientation but where such activity is not the principal or sole means of livelihood for the occupants of a premises. These districts are intended to be a combination of residential and agricultural activity. Normally, urban-type services cannot be efficiently or economically supplied to these districts in the foreseeable future. It is not intended that these districts be utilized for the purpose of avoiding or evading County subdivision regulations or that they be used as RSF, Single Family Residential, districts.

A.

Permitted principal uses and structures.

1.

Single family dwellings and manufactured homes subject to the maximum densities for each rural activity center (RAC) future land use designation as established in the Okeechobee County Comprehensive Plan and as referenced in section 2.01.04 of this Code.

2.

Schools with conventional academic curriculums.

3.

Public parks, playgrounds, playfield and county buildings; public libraries.

4.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of this Code.

5.

Railroad right-of-way, utilities rights-of-way.

6.

Home occupations.

7.

Agricultural uses and the keeping of animals as strictly incidental or accessory thereto on any parcel of one and one-half acres or greater.

8.

Publicly owned and operated parks, campgrounds, recreation areas and uses and structures appropriate to such activities.

9.

Water conservation areas, water reservoirs and control structures, water and drainage wells.

10.

Golf course and country club when developed as part of and in association with a subdivision.

B.

Prohibited uses and structures. Any use or structure not specifically or provisionally permitted herein.

C.

Accessory uses and structures. Uses and structures which:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises.)

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a rural residential development.

6.

Non-commercial plant nurseries and green-houses, gardens, servants' quarters, private garages, tool houses and garden shed, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in these districts.

(Ord. No. 93-10, § 6, 7-22-93; Ord. No. 99-09, 8-12-99; Ord. No. 2005-12, 1(Exh. A), 7-28-05)

These districts are intended primarily for commercial activity. Retail sales and service establishments are found in this district as permitted uses, with wholesale and storage activity permissible as special exceptions. Residential uses are discouraged, for the district is not residential in character, but residential uses are permitted. It is not the intent of this district that it be used for encouragement of strip commercial activity. It is intended that after the effective date of these regulations no further property in the county will be zoned C; to that end, and after the effective date of this Code, no application for zoning of property to C shall be accepted by the Department of Planning and Development. C district boundaries shall remain as shown on the Official Zoning Atlas at the date of adoption of this Code except where a C district, or portion of such district, is changed to another classification under this Code.

A.

Permitted principal uses and structures.

1.

For lots or parcels in the commercial corridor mixed use, commercial activity center or industrial future land use classifications, the list of permitted principal uses and structures shall be as for heavy commercial (C-2).

2.

For lots or parcels in the resort corridor or rural activity center future land use classifications, the list of permitted principal uses and Structures shall be as for neighborhood commercial-2 (NC-2).

3.

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

4.

For lots or parcels in future land use classifications where the Department determines the commercial (C) zoning to be nonconforming with respect to the adopted comprehensive plan, a change in zoning to a conforming district shall be required to allow for the development, expansion or intensification of any use or structure other than a single family dwelling that would be the primary use or structure on the lot or parcel. This provision shall not be construed to allow for the development, expansion or intensification of a single family dwelling where such development otherwise would be in conflict with this Code.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

C.

Accessory uses and structures. Uses and structures which are:

1.

Customarily accessory and clearly incidental and subordinate or permitted or permissible uses and structures.

2.

Located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership.

3.

Within the principal structure, and in connection with permitted or permissible uses and conventional structures, apartments or quarters only for occupancy by owners or employees. It is specifically the intent of this subsection to prohibit detached dwelling units as an accessory use within the C zone.

(Ord. No. 95-1, § 1 (2.04.07), 6-8-95; Ord. No. 99-09, § 1(Exh. B), 8-12-99; Ord. No. 2005-12, 1(Exh. A), 7-28-05)

This district is intended primarily for restricted commercial activity. Among the types of users are professional offices, such as doctors, dentists, attorneys, engineers, etc., as implied by the title. Also, in this district, one will find all types of business offices and medical and dental clinics along with related types of activities. Prohibited in the district are such things as retail sales, service stations, motor vehicle repair shops and other activities of a highly intensified business nature.

A.

Permitted principal uses and structures.

1.

Clinic (including pain management clinics)/office, medical and dental, chiropractor, optometrists, optician and oculist. (Not hospital.)

2.

Professional offices, such as accountant, architect, attorney, engineer, land planner, surveyor and similar use.

3.

Business offices, such as real estate broker, insurance agent, stockbroker, manufacturer's agent and similar uses.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein. All permitted uses in C1 district are limited by the following conditions:

1.

No retail sales, display or storage of merchandise shall be permitted, except as allowed by special exception.

2.

No vehicles, other than passenger automobiles or trucks of not more than three-quarter-ton capacity shall be used in the operation of said business.

3.

No manufacture, repair or work of mechanical nature of any kind shall be permitted and no machinery shall be used other than normal office equipment.

C.

Accessory uses and structures. Uses and structures which are:

1.

Customarily accessory and clearly incidental and subordinate or permitted or permissible uses and structures.

2.

Located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership.

3.

Within the principal structure, and in connection with permitted or permissible uses and conventional structures, apartments or quarters only for occupancy by owners or employees. It is specifically the intent of this subsection to prohibit detached dwelling units as an accessory use within the C1 zone.

(Ord. No. 2011-01, § 2(2.1), 7-28-11)

These districts are intended primarily for general commercial activity.

A.

Permitted principal uses and structures.

1.

Clinic (including pain management clinics)/office, medical and dental, chiropractor, optometrists, optician and oculist.

2.

Professional offices, such as accountant, architect, attorney, engineer, land planner, surveyor and similar use.

3.

Business offices, such as real estate broker, insurance agent, stock broker, manufacturer's agent and similar uses.

4.

Child or day care center.

5.

Hospital, medical clinic, nursing home, assisted living facility, sanitarium.

6.

Schools with conventional academic curriculums, colleges and universities.

7.

Boutique, apparel shops.

8.

Vocational, technical, trade or business school.

9.

Public parks, playgrounds, playfield and government buildings; public libraries.

10.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of these regulations.

11.

Railroad right-of-way, utilities rights-of-ways.

12.

Home occupations.

13.

Public utility building and facilities necessary to serve surrounding neighborhoods, wireless communications facilities pursuant to section 7.10.

14.

Veterinarian's office or veterinary hospital where all services and activities occur indoors.

15.

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

16.

Establishments for the sale of goods at retail (except wine or alcoholic beverages), but not manufacturing establishments.

17.

Banks and financial institutions.

18.

Hotels and motels, bed and breakfast establishments.

19.

Service establishments such as barber or beauty shop and restaurant (but not drive-in restaurant).

20.

Funeral home, letter shops or printing, rental of automotive vehicles, recreational vehicles or utility trailers in running order with storage of all rental vehicles or trailers on paved surfaces (but not repair).

21.

Dance or music studio, photographic studio and similar activities.

22.

Employment offices, union hall.

23.

Private clubs and lodges.

24.

Commercial parking lots (paved) or parking garages (but not repair).

25.

Houses of worship, revival and gospel establishments.

26.

Retail plant nursery, outdoor vegetable, fruit, poultry or fish market (but not individual plant, vegetable, fruit, poultry, fish or other similar stand except as may otherwise be permissible by this Code).

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

C.

Accessory uses and structures. Uses and structures which are:

1.

Customarily accessory and clearly incidental and subordinate or permitted or permissible uses and structures.

2.

Located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership.

3.

Within the principal structure, and in connection with permitted or permissible uses and conventional structures, apartments or quarters only for occupancy by owners or employees. It is specifically the intent of this subsection to prohibit detached dwelling units as an accessory use within the C2 zone.

(Ord. No. 99-09, § 1(Exh. B), 8-12-99; Ord. No. 2005-12, 1(Exh. A), 7-28-05; Ord. No. 2011-01, § 2(2.1), 7-28-11)

Neighborhood Commercial-1 provides for limited commercial activities or operations that provide for the daily needs of nearby residents and that generally would cause minor or no adverse impacts when located immediately adjacent to existing or future residential neighborhoods. NC-1 uses may be located on collector or arterial roadways, or in the immediate vicinity of arterial or collector roadways when adjacent to existing neighborhood commercial uses that are located on a collector or arterial roadway. NC-1 uses shall be buffered from adjacent property.

A.

Permitted principal uses and structures.

1.

Clinic/office, medical and dental, chiropractor, optometrists, optician and oculist. (Not hospital or pain management clinic.)

2.

Professional offices serving the daily needs of the neighborhood residents such as accountant, attorney, architect, engineer, surveyor and similar use.

3.

Business offices serving the daily needs of the neighborhood residents such as real estate broker, insurance agent, stock broker and similar uses; bank branch offices.

4.

Beauty shop, barber shop.

5.

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

6.

Houses of worship.

7.

Primary and secondary schools, child day care centers.

8.

Boutique, apparel shops, other neighborhood-oriented retail shops and services.

9.

Private clubs and lodges.

10.

Small neighborhood cafes, restaurants, meat markets, grocery stores, convenience stores and pharmacies.

11.

Photographic Studios.

12.

Veterinarian's office or veterinary hospital where all services and activities occur indoors.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein. All permitted uses in the NC-1 district are limited by the following conditions:

1.

No vehicles, other than passenger automobiles or trucks of not more than one ton capacity shall be used in the operation of said business. This subsection shall not be construed to prohibit the delivery of materials or services by larger vehicles owned and operated by third parties.

2.

No manufacture, repair or work of mechanical nature of any kind shall be permitted and no machinery shall be used other than normal office, medical or kitchen equipment.

3.

Within a rural activity center (RAC), the commercial uses, including those existing prior to April 2, 1992, may not exceed five percent of the total area of the rural activity center.

4.

Within the urban residential mixed use (URM), the neighborhood commercial uses may be permitted only on arterial or collector roads and at a distance of no less than one mile from similar land uses (as measured by travel upon the roadways). Multiple neighborhood commercial uses may be clustered; provided that no neighborhood commercial cluster shall exceed five acres, not including intervening streets or alleys, and not including recreational vehicle parks or subdivisions.

C.

Accessory uses and structures. Uses and structures which are:

1.

Customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Located on the same lot as the permitted or permissible use or structure, or on a contiguous lot with or without intervening street or alley) in the same ownership.

3.

On the same premises and in connection with permitted or permissible uses and conventional structures, dwelling units only for occupancy by owners or employees.

(Ord. No. 94-8, § 1 (2.04.10), 10-5-94; Ord. No. 2005-12, 1(Exh. A), 7-28-05; Ord. No. 2011-01, § 2(2.1), 7-28-11)

Neighborhood commercial-2 provides for commercial activities or operations, including certain agriculturally-related activities that provide for the daily needs of nearby residents. Although such uses are intended to provide for routine residential or agricultural purposes, such uses could cause minor adverse impacts when located immediately adjacent to existing or future residential neighborhoods. Accordingly, NC-2 uses are permissible only on arterial roadways, or in the immediate vicinity of arterial roadways when adjacent to existing neighborhood commercial uses that are located on an arterial roadway. NC-2 uses shall be buffered from adjacent property.

A.

Permitted principal uses and structures.

1.

Clinic/office, medical and dental, chiropractor, optometrists, optician and oculist. (Not hospital or pain management clinic.)

2.

Professional offices serving the daily needs of the neighborhood residents such as accountant, attorney, architect, engineer, surveyor and similar use.

3.

Business offices serving the daily needs of the neighborhood residents such as real estate broker, insurance agent, stock broker and similar uses; bank branch offices.

4.

Beauty shop, barber shop.

5.

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

6.

Houses of worship.

7.

Medical clinic (not pain management clinic), nursing home, assisted living facilities.

8.

Primary and Secondary Schools with conventional curriculums, child day care centers.

9.

Boutique, apparel shops, other neighborhood or tourist/resort-oriented or retail shops and services.

10.

Private clubs and lodges.

11.

Small neighborhood or tourist/resort-oriented cafes, restaurants, meat markets, grocery stores, convenience stores and pharmacies.

12.

Photographic studios.

13.

Veterinarian's office or veterinary hospital where all services and activities occur indoors.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein. All permitted uses in the NC-2 district are limited by the following conditions:

1.

No manufacturing of any kind shall be permitted and no machinery shall be used other than normal office, medical, kitchen or repair or maintenance equipment.

2.

Within a rural activity center (RAC), the commercial uses, including those existing prior to April 2, 1992, may not exceed five percent or 30 acres, whichever is greater, of the total area of the rural activity center.

3.

Within the urban residential mixed use (URM), the neighborhood commercial uses may be permitted only on arterial or roads and at a distance of no less than one mile from similar neighborhood clusters (as measured from the closest property line in each neighborhood cluster). Multiple neighborhood commercial uses may be clustered; provided that no Neighborhood Commercial cluster shall exceed ten acres, not including intervening streets or alleys, not including areas that cannot be developed such as jurisdictional or protected environmental areas, and not including recreational vehicle parks or subdivisions.

C.

Accessory uses and structures. Uses and structures which are:

1.

Customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Located on the same lot as the permitted or permissible use or structure, or on a contiguous lot (with or without intervening street or alley) in the same ownership.

3.

On the same premises and in connection with permitted or permissible uses and conventional structures, dwelling units only for occupancy by owners or employees.

(Ord. No. 94-8, § 1 (2.04.11), 10-5-94; Ord. No. 99-11, § 1(Exh. A), 10-28-99; Ord. No. 2005-12, 1(Exh. A), 7-28-05; Ord. No. 2011-01, § 2(2.1), 7-28-11)

It is the intent of this section that adequate provision be made for recreational vehicle parks and subdivisions (including recreational vehicle condominium subdivisions). It is further the intent to declare that recreational vehicles may be located only in recreational vehicle parks or subdivisions. This shall not be construed to prohibit the storage at a private residence of a privately owned recreational vehicle, provided that such privately owned and stored recreational vehicle is in compliance with section 2.07.00 of this Code. It is further the intent to find and declare that recreational vehicles are not intended for permanent occupancy or residential use. It is further the intent to find and declare that the mixing of recreational vehicles and manufactured homes or mobile homes in the same development makes for mutual incompatibility to the economic and environmental detriment of both types of structures. Therefore, a special commercial district is established to provide a suitable environment for recreational vehicles in recreational vehicle parks or subdivisions, and to ensure the compatibility of such developments with adjoining and nearby present and future development of other types. Recreational vehicle parks or subdivisions are subject to development regulations as set forth in article VII and elsewhere in this Code.

A.

Permitted principal uses and structures.

1.

Recreational vehicle parks. The site plan shall indicate the location and number of lots, spaces or sites intended for transient use and for those intended to allow for permanent placement.

2.

Recreational vehicle subdivisions, including condominiums. The site plan shall indicate the location and number of lots, spaces or sites intended for transient use and for those intended to allow for permanent placement.

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

C.

Accessory uses and structures. Accessory uses and structures may be permitted where such accessory uses and structures are customarily accessory and clearly subordinate to permitted principal uses and structures, or where such accessory uses and structures are customarily accessory and clearly subordinate to uses or structures permissible by special exception, and where such accessory uses and structures do not involve the conduct of business on the premises, are located on the same parcel as the development, are not of a nature likely to attract visitors in larger numbers than would normally be expected in [a] recreational park or subdivision, and do not involve operations or structures not in keeping with the character of the development. The following accessory uses and structures are permissible subject to the criteria as stated in this section, and provided that such accessory uses and structures are included in a site plan approved by the site plan technical review committee:

1.

Park or subdivision recreation facilities, including common room or center, courts for games, docks, piers, swimming pools, boat launching area.

2.

Park or subdivision offices, maintenance facilities and laundry facilities.

3.

Enclosed storage structures and storage garage facilities with use limited to park or subdivision residents only; storage of recreational vehicles, boats, boat trailers and the like on other than individual lots, spaces or sites with such storage limited to park or subdivision residents only and provided that such storage occurs in designated and approved areas.

4.

In connection with permitted or permissible uses and structures, one conventional home, manufactured home or mobile home when used as a residence for the manager of the development.

In a recreational vehicle park or subdivision that allows the permanent placement of recreational vehicles, accessory uses and structures may be permitted on an individual space, lot or site, such as gardens, toolhouses and garden sheds, children's play areas and play equipment, private barbecue pits, and the like, subject also to criteria as established by section 7.07.03 and section 7.07.04 of this Code. The provisions of this part notwithstanding, appurtenances are subject also to criteria as established by section 7.08.05 of this Code.

(Ord. No. 94-8, § 1 (2.04.12), 10-5-94; Ord. No. 96-03, § 1, 4-11-96)

These districts are intended for light manufacturing, processing, storage, and warehousing, wholesaling, and distribution. Residential uses and churches, schools, hospitals, and such institutional uses are not permitted in this district as not being in character with the district. Certain commercial activities are permitted in these districts.

A.

Permitted Principal Uses and Structures for Lots or Parcels in the Industrial, Commercial Corridor Mixed Use, Commercial Activity Center, and Rural Activity Center Future Land Use Classifications.

1.

Establishment for the sale of goods and products at retail in conjunction with a permitted onsite processing or manufacturing activity.

2.

Funeral home (but not crematory), letter shops or printing and similar activities.

3.

Vocational, trade and business schools.

4.

Employment offices, union halls.

5.

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

6.

Wholesaling, warehousing, storage, or distribution establishments and similar uses where such activity occurs in enclosed buildings.

7.

Manufacturing, processing, packing or fabricating in enclosed building.

8.

Medical clinic (not pain management clinic) in connection only with industrial activity.

9.

Railroad right-of-way, utilities rights-of-way.

10.

Railroad areas for car storage, and switching facilities.

11.

Adult entertainment establishments as defined by section 24-5(f) of this Code while holding a valid adult entertainment permit issued under chapter 24, article II of this Code.

12.

Indoor shooting or target range, indoor archery range.

13.

Cultivation facilities components and processing facilities components of a medical marijuana treatment center, but not dispensing facilities components. (See section 7.09.02.D. of this Code)

Permitted Principal Uses and Structures for Lots or Parcels in the Industrial Overlay Future Land Use Classification.

1.

Establishment for the sale of goods and products at retail in conjunction with a permitted onsite processing or manufacturing activity.

2.

Vocational, trade and business schools.

3.

Employment offices, union halls.

4.

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

5.

Wholesaling, warehousing, storage, or distribution establishments and similar uses where such activity occurs in enclosed buildings.

6.

Manufacturing, processing, packing or fabricating in enclosed building.

7.

Medical clinic (not pain management clinic) in connection only with industrial activity.

8.

Railroad right-of-way, utilities rights-of-way.

9.

Railroad areas for car storage, and switching facilities.

10.

Indoor shooting or target range, indoor archery range.

11.

Cultivation facilities components and processing facilities components of a medical marijuana treatment center, but not dispensing facilities components. (See section 7.09.02.D. of this Code)

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

C.

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures; provided, however, that no residential facilities shall be permitted in the district except those required for security purposes when located within a principal building or for employees required to be quartered on the premises.

(Ord. No. 94-8, § 1 (2.04.13), 10-5-94; Ord. No. 96-03, § 1, 4-11-96; Ord. No. 99-09, § 1(Exh. B), 8-12-99; Ord. No. 2000-03, § 2, 5-25-00; Ord. No. 2011-01, § 2(2.1), 7-28-11; Ord. No. 2017-0003, Att. 1, 8-24-17; Ord. No. 2017-0005, § 1(Att. 1), 10-26-17; Ord. No. 2023-0003, § 2(Exh. A), 5-11-23)

These districts are intended for manufacturing, processing, storage, and warehousing, wholesaling, and distribution. Residential uses and churches, schools, hospitals, and such institutional uses are not permitted in this district as not being in character with the district. Certain non-retail commercial activities are permitted in these districts.

A.

Permitted Principal Uses and Structures for Lots or Parcels in the Industrial Future Land Use Classification.

1.

Establishment for the sale of goods and products at retail in conjunction with a permitted onsite processing or manufacturing activity.

2.

Funeral home and crematory, letter shops or printing and similar activities.

3.

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

4.

Wholesaling, warehousing, storage, or distribution establishments and similar uses.

5.

Manufacturing, processing, packing or fabricating in enclosed building.

6.

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

7.

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

8.

Storage yards and lots.

9.

Medical clinic (not pain management clinic) in connection only with industrial activity.

10.

Railroad right-of-way, utilities rights-of-way.

11.

Railroad areas for car storage, and switching facilities.

12.

Commercial fishery.

13.

Professional and business offices.

14.

Adult entertainment establishments as defined by section 24-5(f) of this Code while holding a valid adult entertainment permit issued under chapter 24, article II of this Code.

15.

Indoor shooting or target range, indoor archery range.

16.

Cultivation facilities components and processing facilities components of a medical marijuana treatment center, but not dispensing facilities components. (See section 7.09.02.D. of this Code)

Permitted Principal Uses and Structures for Lots or Parcels in the Industrial Overlay Future Land Use Classification.

1.

Establishment for the sale of goods and products at retail in conjunction with a permitted onsite processing or manufacturing activity.

2.

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

3.

Wholesaling, warehousing, storage, or distribution establishments and similar uses.

4.

Manufacturing, processing, packing or fabricating in enclosed building.

5.

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

6.

Medical clinic (not pain management clinic) in connection only with industrial activity.

7.

Railroad right-of-way, utilities rights-of-way.

8.

Railroad areas for car storage, and switching facilities.

9.

Professional and business offices.

10.

Indoor shooting or target range, indoor archery range.

11.

Cultivation facilities components and processing facilities components of a medical marijuana treatment center, but not dispensing facilities components. (See section 7.09.02.D. of this Code)

B.

Prohibited uses and structures. Any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

C.

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures; provided, however, that no residential facilities shall be permitted in the district except those required for security purposes or employees required to be quartered on the premises.

(Ord. No. 94-8, § 1 (2.04.14), 10-5-94; Ord. No. 99-09, § 1(Exh. B), 8-12-99; Ord. No. 2000-03, § 3, 5-25-00; Ord. No. 2011-01, § 2(2.1), 7-28-11; Ord. No. 2017-0003, Att. 1, 8-24-17; Ord. No. 2017-0005, § 1(Att. 1), 10-26-17; Ord. No. 2023-0003, § 2(Exh. A), 5-11-23)

These districts were intended to apply to those lands where national, state or local governmental activities are conducted or those activities conducted by private entities that have been historically governmental, public service or institutional in nature. Included in this use are public or private schools, airports, hospitals, conservation areas, landfills, police/fire stations, detention facilities, parks and nonprofit recreational facilities as well as utility plants and their directly associated facilities such as power substations and sewer stations. It is not the intent to classify all lands owned by government in this category, but only those lands particularly and peculiarly related to the public welfare.

A.

Permitted principal uses and structures. Any single lawful government use or single private use related to the services described in the intent section above and as specifically listed below. The single use must be elected prior to approval of the application to rezone a parcel to the PS classification. The predominant use on any parcel bearing a PS or GU classification as of December 13, 1991 shall be deemed to be the sole permitted principal use under that governmental use zone. Additional uses may be permissible by special exception.

1.

Public or private schools with a conventional curriculum.

2.

Public airports (when in a public/semipublic facilities future land use classification).

3.

Public or private hospitals.

4.

Conservation areas.

5.

Police/fire stations.

6.

Detention facilities under the jurisdiction of the Florida Department of Corrections, Okeechobee County or the City of Okeechobee.

7.

Parks and nonprofit recreational facilities.

8.

Public utility facilities, and utility plants and their directly associated facilities such as power sub-stations, sewer stations, and septage or residual management facilities, but not biochar production facilities.

9.

Wireless communications facilities pursuant to section 7.10.

10.

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

11.

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

B.

Permitted accessory uses and structures. Uses and structures which are:

1.

Customarily accessory and clearly incidental and subordinate or permitted or permissible uses and structures.

2.

Located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership.

3.

On the same premises and in connection with permitted or permissible uses and conventional structures; provided, however, that no residential facilities shall be permitted in the district except those required for security purposes or employees required to be quartered on the premises.

C.

Prohibited uses and structures. Prohibited any use or structure not specifically, or provisionally or by reasonable implication permitted herein.

D.

Additional criteria. Due to the potential for countywide impact as well as the intrusion of private enterprise into areas of operation and services historically performed by the government, the following additional factors shall be considered by the planning commission and the board of county commissioners in addition to those described in section 13.06.05C of this Code:

1.

Whether or not the proposed development will adversely affect ground and surface waters.

2.

Whether or not the proposed development is on land categorized as environmentally sensitive.

3.

Whether or not the proposed development borders or is adjacent to land which is environmentally sensitive.

4.

Whether or not the proposed development will constitute a nuisance.

5.

Whether the proposed development will diminish or enrich human life in its educational and cultural dimensions.

6.

Whether or not the proposed development will adversely affect the economy or the furtherance of a negative image that will influence the future of Okeechobee County.

(Ord. No. 94-8, § 1 (2.04.15), 10-5-94; Ord. No. 95-1, § 1 (2.04.15), 6-8-95; Ord. No. 99-09, § 1(Exh. B), 8-12-99; Ord. No. 2003-06, § 1, 7-24-03; Ord. No. 2006-08, § 9, 11-21-06; Ord. No. 2022-0005, § 1(Att. 1), 12-8-22)

These districts are intended to accommodate single family residential communities comprised of large lots in a rural setting. These districts allow for the keeping of certain domestic farm animals as an accessory and incidental use on lots with a minimum area of one acre. These districts are intended to encompass multiple lots in an area, neighborhood or subdivision.

These districts are not intended to accommodate an individual lot except where such a lot is within an area, neighborhood or subdivision that is designated by this zoning district. Certain structures and uses designed to serve governmental, educational, religious, non-commercial recreational, and other immediate needs of such communities or neighborhoods are permitted or are permissible as special exceptions, subject to restrictions and requirements necessary to preserve and protect the single family residential character.

A.

Permitted principal uses and structures

1.

Single family dwellings subject to densities described in this Code.

2.

Schools with conventional academic curriculums.

3.

Public parks, playgrounds, playfield and county buildings; public libraries.

4.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of this Code.

5.

Railroad right-of-way, utilities rights-of-way.

6.

Home occupations as defined in this Code.

7.

Houses of worship, provided minimum parcel size shall not be less than five acres.

B.

Prohibited uses and structures Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

C.

Accessory uses and structures

Uses and structures which:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises).

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a single family residential development.

6.

Non-commercial plant nurseries and green-houses, gardens, servants' quarters, private garages, tool houses and garden shed, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in these districts.

7.

Horses and/or cows but not other domestic farm animals for personal use or consumption as strictly incidental and accessory to a permitted principal residential use as follows:

a.

On lots or parcels one acre or greater in area and only in the agriculture and rural activity center future land use classifications.

b.

Lots or parcels that as originally developed, divided or platted are less than one acre in area may not be combined for the purpose of meeting the applicable minimum lot area requirement that would allow for the keeping of horses and/or cows.

c.

On lots or parcels one acre or more in area but less than two acres, not more than a total of two horses and/or cows; on lots or parcels two acres or more in area but less than three acres, not more than a total of three horses and/or cows; on lots or parcels three acres or more in area but less than four acres, not more than a total of four horses and/or cows; on lots or parcels four acres or more in area but less than five acres, not more than a total of five horses and/or cows; and on parcels five acres or more in area, not more than a total of six horses and/or cows.

d.

Where there are two contiguous lots under common ownership, the area of both lots shall be combined and considered as one parcel to determine the number of horses and/or cows that may be maintained on the property.

e.

Where class 2 or class 3 captive wildlife, as defined by the Florida Fish and Wildlife Conservation Commission, are also maintained outdoors on a parcel, the number of horses and/or cows that may be kept as specified in paragraphs c. and d. above shall be reduced by one for each class 2 or class 3 captive wildlife animal that is maintained outdoors.

f.

Any building, structure, pen and the like other than a perimeter fence used to house or confine horses and/or cows shall be set back at least 25 feet from any property line, except that the setback shall be 50 feet where a parcel is greater than two and one-half acres in area.

g.

Any type of domestic farm animal as defined by these regulations may be kept temporarily for a period of time not to exceed six months when part of a project sponsored by 4H, FFA or the Okeechobee County School District.

If the time frame for a sponsored project exceeds six months, then the domestic farm animal may be kept only in accordance with all other provisions of this section, including limiting the farm animal to only a horse or a cow and not exceeding the maximum number of horses and/or cows otherwise allowed.

D.

Administratively initiated rezoning. There may be existing neighborhoods or subdivisions where the keeping of domestic farm animals is widespread or long-established. In such situations, a change in zoning to RSF-E may be initiated by the board of county commissioners provided that all lots are at least one acre in area, and provided that the entire neighborhood or subdivision is subject to the administrative rezoning. The administrative rezoning may be initiated by the county:

1.

If three or more members of the board vote in favor of initiating an administrative rezoning of a neighborhood or subdivision to RSF-E; or

2.

If a petition is submitted to the board with signatures as they appear on the ownership documents of 75 percent or more of the owners of the lands within the neighborhood or subdivision and the owners of 51 percent or more of the lots or parcels within the neighborhood or subdivision. The petition documents shall designate an individual, including his address and telephone number who will be or act as the official representative of the petitioners; shall provide a map specifically designating the boundary of the neighborhood or subdivision that is requested to be rezoned administratively; and beside each signature shall include the printed name of the property owner and the corresponding specific legal description as it appears on the tax roll or legal ownership documents of each lot or parcel including in the petition. Upon receipt of the petition documents, the board may authorize initiation of an administrative rezoning for the specific lots or parcels included in the petition, or may determine that the number or location of the lots or parcels do not represent an entire neighborhood or subdivision meeting the intent of this zoning district and may choose not to initiate an administrative rezoning.

3.

An administrative rezoning initiated by the board of county commissioners shall be in accord with the provisions set forth in Section 125.66, Florida Statutes.

E.

Developer/owner initiated rezoning.

An owner/developer of undeveloped land may apply for a change in zoning to this district in association with a preliminary plat where each lot in the proposed subdivision meets the minimum one-acre lot area.

In the agriculture or rural activity center future land use classifications, where a developer has rezoned a development to RSF-E, or where the board of county commissioners previously has administratively rezoned an existing neighborhood or subdivision to RSF-E, an owner of an individual lot or parcel may apply for a change in zoning to RSF-E if the lot is contiguous to a lot zoned RSF-E and if the area of the lot is not less than the area of any other residential lot in the adjoining neighborhood or subdivision that has been zoned RSF-E. A factor for consideration of such a rezoning request shall be the compatibility and consistency of this zoning district to adjoining lots or parcels that are not zoned RSF-E.

(Ord. No. 99-08, § 1, 8-12-99; Ord. No. 2002-04, § 1(Exh. A), 9-26-02)

The planned development district is intended to allow for various and mixed uses in a single, comprehensive development. The district is established to allow an applicant to submit a land use development proposal for consideration, to allow the site plan technical review committee and planning board to review and recommend, and to allow the board of county commissioners to approve a proposal which it determines to be in the best interest of the public health, safety, and welfare, along with any conditions, requirements or limitations that recommending bodies or the board of county commissioners deem advisable.

The planned development district is established to encourage developments of a superior quality by allowing flexibility and creativity in design options. The district is intended to promote more efficient and economic uses of land; provide opportunities for design innovations by individual planned developments which are not provided for or allowed in the underlying zoning districts established by this Code; promote home ownership opportunities for all residents of the community; encourage flexibility in design and allow planned integration of multiple uses and structures; encourage uses of land which reduce transportation impacts, provide for more usable and suitable located recreational facilities, open spaces and scenic areas, either commonly owned or publicly owned, than would otherwise be provided under conventional land development procedures; permit the enhancement of neighborhoods through the preservation of natural features; allow design options that complement and ensure compatibility with surrounding land uses; lower development and building costs by permitting a variety of lot sizes, networks of utilities and streets and the use of more economical building types and shared facilities; and accomplish more desirable living and working environments than would be possible through the strict application of the minimum requirements of the county's other land development, zoning and subdivision regulations.

A.

Permitted principal uses and structures. Any number, variety or mix of uses may be considered in a planned development district, provided that all such uses are internally consistent, compatible or complementary.

B.

Consistency with land development regulations and comprehensive plan. A planned development district may be located in any future land use classification and must be consistent with the purpose and intent of the classification or classifications in which it is located. All building, housing and other codes as incorporated by article XIII of this Code or as otherwise prescribed by law are applicable to the planned development district. All other land development regulations are applicable to the planned development district; provided, any other land development regulation may be modified provided such regulation is identified and provided the purpose and extent of any modification is described and demonstrated to be reasonable and appropriate in the context of the planned development and provides for public health, safety and welfare. Special exceptions and variances pursuant to article XI do not apply and are not allowed.

C.

Status of approved planned development. When approved pursuant to the provisions of the Code, the conceptual development plan and other materials and documents as are adopted by ordinance shall constitute an amendment to these regulations and to the official zoning atlas. Development within a planned development may occur only in conformity with the approved conceptual development plan unless amended as provided below.

D.

Application requirements. A petition for a planned development district shall, at a minimum, include the following:

1.

An application provided by the department with applicable fees.

2.

A written statement describing the nature and intent of the proposed development.

3.

A professionally prepared conceptual development plan that conveys the general extent and character of the proposed development and that illustrates

a.

The title of the project and name of the developer,

b.

Areas of residential and non residential development,

c.

The location and extent of proposed open space areas,

d.

The location of proposed community or public uses, such as recreation areas, clubhouses, schools, houses of worship and the like,

e.

Basic vehicular, pedestrian and other circulation systems,

f.

Proposed points and methods of access, and

g.

Anticipated phasing plans.

4.

A summary in tabular or similar form of:

a.

The maximum number by type of residential units,

b.

The total land area and overall gross density of residential units and the land area and density of each distinct residential area,

c.

The total maximum square feet by type of commercial, industrial, institutional and other such uses and the maximum square feet by type for each distinct development area,

d.

The floor area ratio for any building over three stories including a drawing of the assumed lot boundaries, and

e.

Approximate land area by type of conservation, retention, recreation, parks and other open space areas.

5.

Sufficient surveys, drawings or other information to indicate the general proposed drainage plan including outfalls and a written summary of the proposed drainage plan.

6.

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

7.

A phasing plan if applicable.

8.

A proposed time frame for completion of each phase and of the entire development.

9.

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

10.

A description and location of identified environmentally sensitive lands.

11.

A preliminary traffic impact analysis and discussion of the availability or proposed construction of necessary transportation facilities by proposed phase.

12.

A preliminary analysis of the impact on schools.

13.

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

14.

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

15.

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

E.

Other requirements and conditions.

1.

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

2.

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

3.

The board of county commissioners may establish, in addition to concurrency requirements, reasonable periods of time for completing the project or phases thereof, including any dedicated public facilities which are a part of the development.

4.

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

F.

Amending a planned development. A planned development may be amended in the same manner in which a planned development is initially approved; provided, a minor amendment may be approved by the Department or may be referred to the board of county commissioners or other recommending bodies at the director's discretion. A minor amendment include the following:

1.

Any increase by up to five percent or any decrease in the total square footage of any building or the density or intensity in the approved development plan;

2.

Internal realignment of rights-of-way, other than a relocation of access points to the Planned Development itself, where there is no net reduction of the size of conservation/preservation areas or required easements;

3.

Relocation of building envelopes where there is no encroachment upon required conservation or preservation areas and no reduction in the setbacks between the buildings and perimeter boundary lines;

4.

Relocation of swimming pools, clubhouses, or other recreation or other common facilities when such relocation will have no net impact on adjacent properties or land uses; and,

5.

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

(Ord. No. 2005-12, 1(Exh. A), 7-28-05)

Editor's note— Ord. No. 2005-12, § 1(Exh. A), adopted July 28, 2005, set out provisions for § 2.04.16. As this section already existed, these provisions were included as § 2.04.17 to maintain the numeric sequencing of this Code.

Subject to the provisions of this section, an accessory apartment, pool house or guesthouse may be allowed in residentially zoned areas.

A.

Purpose. The purpose of this section is to provide for inexpensive housing units to meet the needs of older households, making housing available to elderly persons who might otherwise have difficulty finding homes as well as making provision for certain unique accessory structures. This section is also intended to protect the property values and residential character of neighborhoods where accessory apartments, pool or guesthouses are located.

B.

Standards.

1.

Accessory apartments may be allowed inside single-family homes provided that all of the following requirements shall be met:

a.

No more than one accessory apartment shall be permitted on any residential lot.

b.

Any accessory apartment shall be located within the principal structure. (Note: The principal structure shall be construed to mean the dwelling unit or house located on the lot, and not any other accessory structure.) An accessory apartment shall not be construed to be located within the principal structure if connected only by a breezeway, roofed passage, or similar structure.

c.

An accessory apartment shall not exceed 25 percent of the gross floor area of the principal structure within which it is located.

d.

The accessory apartment shall be located and designed not to interfere with the appearance of the principal structure as a one-family dwelling unit.

e.

No variations, adjustments, or waivers to the requirements of this Code shall be allowed in order to accommodate an accessory apartment.

2.

No pool house or guesthouse shall exceed 25 percent of the gross floor area of the principal structure and must incorporate the architectural features of the principal structure. All such pool or guest houses are intended for occasional use only and shall not to be utilized either directly or indirectly as a rental unit or for extended dwelling purposes. No more than one accessory pool or guest house shall be permitted on any residential lot.

A home occupation shall be allowed in a bona fide dwelling unit, subject to the following requirements:

(A)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(B)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the structure.

(C)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign not exceeding one square foot in area, nonilluminated, mounted flat against the wall of the principal building at a position not more than two feet from the main entrance of the residence.

(D)

No home occupation shall occupy more than 20 percent of the first floor area of the residence. No accessory building, freestanding or attached, shall be used for a home occupation.

(E)

No traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a front yard required pursuant to this Code.

(F)

No equipment, tools, or process shall be used in such a home occupation which creates interference to neighboring properties due to noise, vibration, glare, fumes, odors, or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone, or television receivers off the premises or causes fluctuations in line voltage off the premises.

(G)

Fabrication of articles commonly classified under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions of this definition, and providing no retail sales are made at the home.

(H)

Outdoor storage of materials shall not be permitted.

(I)

The following shall not be considered home occupations: pain management clinics, beauty shops, barbershops, group band instrument or dance instructors, studio for group instruction, public dining facility or tearoom, antique or gift shops, photographic studio, fortune telling or similar activity, outdoor repair, food processing, retail sales, nursery school, or kindergarten.

(J)

The giving of individual instruction to one person at a time, such as an art or piano or music teacher, shall be deemed a home occupation; individual instruction as a home occupation for those activities listed in paragraph I above shall be prohibited.

(K)

A home occupation shall be subject to all applicable county occupational licensing requirements, fees, and other business taxes.

Cross reference— Businesses, ch. 22.

(Ord. No. 2011-01, § 2(2.2), 7-28-11)

A.

Generally. Residential and nonresidential development projects may provide amenities for the exclusive use of the employees and/or residents of the project. Such amenities shall be allowed only as provided below.

B.

Dining rooms/cafeterias/snack shops, etc. A development may provide a central dining facility to serve the employees and/or residents of the project subject to the following restrictions:

1.

The facility shall not be open to the general public.

2.

There shall be no off-site signs advertising the presence of the facility.

C.

Community centers/recreation centers. Residential projects may provide a central facility to provide a meeting place and indoor recreation opportunities for residents subject to the following restrictions:

1.

Such facilities shall not include health clubs, gyms, and the like offering services to the general public.

2.

Parking to serve the building shall be provided as required by article VII of this Code.

3.

There shall be no identification signs, other than directional signs pursuant to article IX of this Code.

D.

Employee fitness centers. Nonresidential development projects may provide a fitness or exercise center for the use of employees subject to the following restrictions:

1.

Such facilities shall not be open to the general public.

2.

There shall be no signs, other than directional or occupant signs, identifying the facility.

Throughout the county there are family burial plots outside of a commercial or government-owned cemetery. The indiscriminate burial of human remains throughout the county must be discouraged due to the difficulty of ensuring the longterm preservation and dignity of the burial site. A "family cemetery" is hereby defined as a plot or parcel of land, other than a commercial or government owned cemetery, or a cemetery licensed under F.S. ch. 497, upon which is buried or interred human remains as of the date of the adoption of this Code and for which there has been a deed restriction recorded in the official records of Okeechobee County identifying the owner and property designated as the family cemetery. The deed restriction shall further prohibit development on the site unless the human remains are relocated pursuant to law. Failure to record the deed restriction required by this section within one year of the effective date of this Code, or conveyance of the site to anyone not related by blood or marriage to the grantor, shall render the family cemetery nonconforming and thereafter no further human remains shall be buried or interred on the site. Only those related by blood or marriage to the owners described in the deed restriction may be buried or interred on the site. No new family cemeteries shall be established. No human remains shall be buried or interred in other than a family cemetery or a cemetery permitted pursuant to section 7.09.02D of this Code.

Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in this Code, the following regulations shall govern temporary uses.

(Ord. No. 94-8, § 1 (2.06.00), 10-5-94; Ord. No. 95-1, § 1 (2.06.00), 6-8-95)

A developer may request a temporary use permit in any zoning district for necessary commercial, promotional, storage, or fabrication activities at the development site which occur during construction of the project and which terminate upon completion of the project. Such a temporary use permit shall be premised on construction or development of the project continuing in good faith, shall not be valid for more than one year from the date that the temporary use permit is issued, and may not be renewed pursuant to this subsection. A temporary use permit for temporary uses in connection with development projects with an anticipated term of more than one year may be issued pursuant to section 2.06.04(A) below. The following activities in connection with a development project require a temporary use permit:

(A)

Offices for sale of real estate or for persons engaged in the development.

(B)

Construction materials storage, processing, or fabrication.

(C)

Equipment storage.

(D)

On-site temporary signs related to the project.

(E)

Temporary office or security shelter (but not for residential or dwelling purposes) incident to construction or development on the premises upon which the temporary office or security shelter is located.

(F)

Model home or sample apartments.

(Ord. No. 94-8, § 1 (2.06.01), 10-5-94)

(A)

Model homes or sample apartments in any residential or agricultural zoning district, such model homes or samples not being located on the development site.

(B)

Commercial circuses, carnivals, or fairs in other than commercial or industrial districts.

(C)

Earth moving.

(D)

Temporary housing for persons working on the project.

(E)

Temporary uses in connection with development projects, as described in section 2.06.01, where such temporary uses shall exist for more than one year.

(F)

Manufactured homes, mobile homes and trailers may not be placed or maintained on nonresidential parcels to be used for security purposes except as provided for in section 11.04.07 of this Code. As previous ordinances permitted such use for a maximum term of one year, all existing special exceptions/temporary permits for security mobile homes are hereby terminated and such units shall be removed within one year from the effective date of this Code.

(G)

Amenities and facilities (other than a model home or real estate office pursuant to section 2.06.01) in association with a developer's ongoing sales and marketing efforts to sell lots, homes, manufactured homes or recreational vehicles in a residential or recreational vehicle development. Such amenities and facilities may include:

1.

Multiple model homes, manufactured homes or recreational vehicles that may be set up, but not occupied, on common area or on individual on-site lots under the ownership of the developer;

2.

Recreational vehicle spaces for temporary accommodation of prospective purchasers, such recreational vehicle spaces not to exceed ten, not to provide utility connections or hookups other than a common dump station, and for use by self-contained recreational vehicles only; and

3.

Other on-site amenities and facilities providing only for prospective purchasers of lots in the development, or for prospective purchasers of homes, manufactured homes or recreational vehicles to be constructed, placed or installed on lots in the development.

4.

This temporary use provision is intended to provide for amenities and facilities only for prospective purchasers of lots, or of homes, manufactured homes or recreational vehicles to be purchased and constructed, placed or installed on a lot in the development. This temporary use provision does not authorize use of on-site premises for the sale of any off-site lot or for the sale of any home, manufactured home or recreational vehicle to be constructed, placed, installed or used off-site.

(Ord. No. 94-8, § 1 (2.06.02), 10-5-94; Ord. No. 95-1, § 1 (2.06.02), 6-8-95; Ord. No. 98-07, § 1, 10-8-98)

Certain uses are of short duration or do not create excessive incompatibility during the course of the use.

(A)

Fairs, carnivals, or other special events run by nonprofit, eleemosynary organizations, in any zoning district.

(B)

Christmas tree sales lots, in any zoning district, where such lots are operated by eleemosynary organizations.

(C)

Model homes or sample apartments in commercial districts.

(D)

Commercial circuses, carnivals, or fairs in commercial or industrial districts.

(E)

Mobile radio equipment and antennae in connection with development projects, in any zoning district.

(F)

Other uses of a similar and temporary nature where the period of use will not extend beyond 30 days.

(Ord. No. 94-8, § 1 (2.06.03), 10-5-94)

(A)

Temporary use permit applications for uses set out in section 2.06.02 above shall be submitted to the planning board, which shall make a recommendation to the board of county commissioners. The board of county commissioners may grant or deny a temporary use permit, or may grant a temporary use permit subject to suitable conditions, safeguards, and stipulations. A public hearing, with due notice, is required before the board of county commissioners. Prior to granting a temporary use permit, the board of county commissioners shall ensure that:

1.

Any nuisance or hazardous feature involved is suitably separated from adjacent uses; and

2.

Excessive vehicular traffic will not be generated on minor residential streets; and

3.

A vehicular parking problem will not be created.

A temporary use permit issued under this subsection shall not be valid for more than one year, but may be renewed. A renewal shall be considered as a new application.

(B)

The director of planning and development is authorized to issue temporary use permits for the temporary uses described in sections 2.06.01 and 2.06.03 after a showing that the proposed use will not create excessive nuisance or hazard, is suitably separated from adjacent uses, and will not create adverse traffic conditions which cannot be handled satisfactorily during the period of use.

(C)

The temporary use permit, if granted, shall be granted for a specific time period, at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of these zoning regulations and shall be punished as herein set out.

(D)

All applications for temporary use permit, whether issuable by the director of planning and development or requiring approval by the board of county commissioners, shall contain plans indicating the precise area where the temporary use is to be conducted, the nature of the activities that will occur, and the period of time for which the temporary use permit is requested and be accompanied by the fee described in appendix A to this Code.

(Ord. No. 94-8, § 1 (2.06.04), 10-5-94)

A.

Parking, storage and use of certain vehicles and structures.

1.

In residential districts, no automotive vehicles, trucks, buses, tractor trailers, mobile homes, manufactured homes, recreational vehicles or trailers of any type without current registration and license plates shall be parked or stored on any residentially zoned property other than in completely enclosed buildings; provided, this section shall not prohibit the use as a principal dwelling of a trailer, mobile home or manufactured home assessed as real property by the Okeechobee County property appraiser and accordingly exempt from the requirement of a yearly registration and license plate. This subsection shall not be construed to permit the placement of multiple principal dwellings on a lot, site or parcel in violation of other provisions of this Code. Provided further, no mobile home, manufactured home, recreational vehicle or trailer as defined in this Code shall be permitted as a storage structure, building or shed in a residential zone. The demolition, dismantling or salvaging of any mobile home, manufactured home, recreational vehicle or trailer is declared to be an industrial activity and prohibited in a residential zone.

2.

In commercial districts, the storage for more than 30 days of any mobile home, manufactured home, recreational vehicle or trailer as defined by this Code that does not meet the minimum standards of section 7.08.03(F) or the standard housing code (see section 8.00.00(F)) is hereby prohibited. The demolition, dismantling or salvaging of any mobile home, manufactured home, recreational vehicle or trailer is declared to be an industrial activity and prohibited in a commercial zone.

B.

Moving of buildings or structures. No building or structure, including trailers, mobile homes and manufactured housing, shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of this Code and all other applicable regulations of the County of Okeechobee.

C.

Electrical service on vacant parcels. On vacant parcels that are five acres or less in area, 60 amp electrical services are not authorized. No permit applications for 60 amp electrical services shall be accepted or processed, and no permits for 60 amp services shall be issued or granted.

(Ord. No. 2020-0004, § 1 (Att. 1), 9-11-20)