§ 2.04.04. RM residential mixed.

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)