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HomeMy WebLinkAboutV (A) First Reading of Ordinance No. 97-12, related to Telecommunications Services Facilities Agenda 5-6-97 Item V A "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER Ocoee S SCOTT VANDERGRIFT \ .0 � COMMISSIONERS Lip 50. CITY OF OCOEE RUSTY O ISO N. LAKESHORE DRIVE SCOTT A.GLASS FLORIDAP PV OCOEE, RIDA 34261-2258 ]IM GLHASON �•{Ieq VV7 ���� (46])656-2322 Cm MANAGER Of G000 ELLIS SHAPIRO STAFF REPORT DATE: May 1, 1997 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, Senior Planner ,f,(,a. THROUGH: Russell B. Wagner, Director of Planning itr SUBJECT: Proposed Telecommunications Service Facilities Amendments to the Land Development Code ISSUE: Should the Mayor and City Commissioners approve Ordinance #97-12 to enact amendments to the Land Development Code pertaining to Telecommunications Service Facilities? BACKGROUND: In an effort to address emerging planning issues, Staff periodically recommends Land Development Code amendments which address specific uses or concerns. Earlier this year, the City adopted a moratorium on the acceptance of applications and construction of telecommunications service facilities to allow staff to thoroughly research new federal regulations governing telecommunications service facilities, work with a telecommunications service facilities consultant, evaluate approaches being proposed by other municipalities, and identify potential impacts of these facilities on surrounding properties. As a result, Staff has prepared a new Section 5-19 and new definitions to be added to the Land Development Code. Staff has also prepared some changes to existing portions of the Land Development Code to resolve conflicts or provide clarifications. DISCUSSION: In accordance with the Telecommunications Act of 1996, the principal land use impacts of telecommunications service facilities that local governments can regulate relate to the height, location, siting, design, construction, and aesthetics of facilities. Although some communities have discussed issues relating to Radio Frequency Radiation (RFR), the Federal Communications Commission (FCC) promulgates rules and reserves regulatory authority related to RFR for the federal government. OIL ("J The Honorable Mayor and City Commissioners May 1, 1997 Page 2 The primary changes being proposed to the Land Development Code provide for: 1. Establishment of application requirements for telecommunications service facilities, 2. Identification of administrative procedures affecting telecommunications service facilities, 3. Creation of specific development review procedures for telecommunications service facilities, 4. Establishment of performance standards for telecommunications service facilities, 5. Identification of permitted, conditional and prohibited telecommunications service facilities, 6. Delineation of specific areas where certain types of telecommunications service facilities may be permitted as depicted on a new Map 5-19 and described in Section 5-19, 7. Identification of reporting requirements, abandonment criteria, nonconforming facilities, and appeal procedures, 8. Addition of new definitions related to telecommunications service facilities in Section 2-4, 9. Establishment of Special Exception criteria for telecommunications service facilities, and 10. Clarification of the appropriate sections of the Code applicable to telecommunications service facilities. In general, the proposed Ordinance allows for a range of different types of telecommunications service facilities to be placed within three separate areas of the community, based upon the degree of anticipated visual impact which each type of facility may create. It should be noted that these proposed changes involve a somewhat different approach than that being adopted by most other Florida municipalities, but our consultants feel that it is valid and defensible. Most significantly, the proposed Ordinance would allow "camouflaged telecommunications service facilities" and "building-mounted telecommunications service facilities" throughout the City as permitted uses after a staff-level site plan review. A camouflaged facility is a disguised facility that would not be noticeable to the casual observer. Examples of a camouflaged facility include a facility constructed in the form and shape of: (1) a tree located on a wooded parcel; (2) a light standard located in a parking lot; or(3) a bell or clock tower located in a campus-like setting or park. Building-mounted facilities would be located on existing or proposed buildings and also would not be noticeable to the casual observer. Examples of a building-mounted facility include: (1) a panel antenna attached to a brick building facade with a fake brick pattern painted on it; or (2) a satellite dish attached to the roof of a building with a false parapet-style wall to screen the antenna and related structures. "Accessory telecommunications service facilities" will be permitted uses and "Innovative facilities" will be allowed at various heights as Special Exceptions throughout the City. Accessory facilities allow a business to operate its own telecommunications service equipment and have radio contact with their employees as an accessory use. "Innovative telecommunications service facilities' are facilities not otherwise anticipated by the proposed ordinance that may provide a community benefit that have been determined to be innovative based upon their architectural design, artistic value, scenic value, cultural beauty, community identity, or similar qualities. One such public benefit might be a clustering of traffic control devices and signs designed to reduce the visual clutter and improve traffic movement at an intersection. Conventional types of telecommunications service facilities (monopoles, guyed towers, and lattice towers) would only be permitted within limited areas of the City, primarily within high intensity commercial and industrial areas. Within these Areas, new conventional facilities and co-located facilities on existing conventional structures shall be reviewed through the Special Exception process. Groups or clusters of telecommunications service facilities may also be located on one parcel as an Innovative Facility approved by Special Exception. The Honorable Mayor and City Commissioners May 1, 1997 Page 3 We anticipate that the future of this technology will require increasing numbers of locations at shorter heights. Accordingly, staff selected camouflaged telecommunications service facilities as the primary option for providing telecommunications service facilities in Ocoee rather than the construction of additional conventional facilities that would be taller and more visually obtrusive. It should be noted that after the title of the ordinance was advertised, Staff determined that no revisions were needed in Section 5-16"Abandoned Property"since this topic has been addressed in the new Section 5-19 (M). Therefore, the appropriate Sections of the draft ordinance were denoted by strikeout text in the previous and attached drafts of the ordinance. Also, just prior to the Planning and Zoning Commission meeting, Staff identified some scrivener's errors in the ordinance that could have led to confusion later and has subsequently drafted revisions for clarification purposes. Accordingly, the attached ordinance is the same as the Planning and Zoning Commission draft, except as identified by underline and strikeout text. PLANNING AND ZONING COMMISSION RECOMMENDATION: On April 30, 1997, the Planning and Zoning Commission reviewed the proposed amendments in detail and asked numerous questions regarding the proposed amendments. Specifically, the Planning and Zoning Commission discussed whether the proposed ordinance should regulate telecommunications service facilities based upon conventional zoning classifications or based upon Map 5-19 as recommended by Staff. A consensus was reached that the approach recommended by Staff was preferred by the Planning and Zoning Commission. Mr. Switzer, the Planning and Zoning Commission Chairman, stated that the height restriction of 125 feet stated in paragraph 5-19(E) posed a conflict with the height restriction of 75 feet in subparagraph 5-19(E)(1)(a). Staff noted that there are similar conflicts in subsections 5-19 (F) and (G). During the public hearing, George Cohen representing American Portable Telecomm appeared before the Planning and Zoning Commission. Mr. Cohen stated a concern about the limitation on the maximum number of antennas that may be co-located on one structure in the proposed ordinance. He stated that 20 antennas per structure would be insufficient to allow two"incumbent"providers to co-locate on one structure and requested that the Planning and Zoning Commission consider 24 antennas per structure. Based upon the above discussions, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Land Development Code amendments as recommended by Staff with revisions to address the conflicts noted above and to address Mr. Cohen's request, if appropriate. After review, Staff concurs with the Planning and Zoning Commission recommendations and has made the appropriate revisions regarding height restrictions and permitting the co-location of up to 24 antennas per structure (denoted by strikeout and underline text in the attached draft). STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Ordinance #97-12, including Map 5-19, enacting the attached amendments. AEH/csa Attachments'. Ordinance 97-12 E\CAPDFILE\STAFFR-1\CCSR-1\SRP97017.WPD ORDINANCE NO. 97-12 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO TELECOMMUNICATIONS SERVICE FACILITIES; AMENDING THE LIST OF PERMITTED, CONDITIONAL OR PROHIBITED USES WITHIN THE CITY OF OCOEE, FLORIDA; AMENDING CHAPTER 180, THE "CITY OF OCOEE LAND DEVELOPMENT CODE;"AMENDING SECTION 2-4, "DEFINITION OF TERMS" OF ARTICLE II, "LANGUAGE AND DEFINITIONS," TO PROVIDE FOR DEFINITIONS; ADOPTING NEW SECTION 5 - 19, "TELECOMMUNICATIONS SERVICE FACILITIES," OF ARTICLE V, "LAND USE AND DENSITY REGULATIONS (ZONING)," PROVIDING FOR LEGISLATIVE FINDINGS, APPLICABILITY, PERMITTED TELECOMMUNICATIONS SERVICE FACILITIES IN AREAS OF THE CITY, DEVELOPMENT STANDARDS, APPLICATION REQUIREMENTS, APPLICATION FEES, REVIEW CRITERIA, REPORTING REQUIREMENTS, ABANDONMENT, NONCONFORMING FACILITIES, AND ADMINISTRATIVE APPEALS; AMENDING SECTION 4-8, "SPECIAL EXCEPTIONS" OF ARTICLE IV, "PROCEDURES," FOR CONFORMITY HEREWITH; AMENDING SECTIONS 5-5, "HEIGHT," SECTION 5-6, "LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY STRUCTURES," SECTION 5-7, "PUBLIC BUILDINGS AND SERVICES," SECTION 5-8, "USE REGULATIONS," SECTION 5-10, "NONCONFORMING LOTS, USES OF LAND, STRUCTURES, PREMISES, AND CHARACTERISTICS OF USES," SECTION 5- 13, "USES ACCESSORY TO RESIDENTIAL USES," SECTION 5-14, "DIMENSIONAL AND DENSITY REGULATIONS,"SECTI^" "^ "'^"'DONE^ PRO('MTV," AND TABLE 5-1 "USE REGULATIONS" OF ARTICLE V, "LAND USE AND DENSITY REGULATIONS(ZONING),"FOR CONFORMITY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, it is necessary to adopt the following amendments to the City of Ocoee Land Development Code to reflect recent changes in technology and the new Federal Communications Act of 1996, adopted on February 8, 1996, (hereinafter the "Act"); WHEREAS,the Act substantially changes federal regulations regarding telecommunications services and the related structures and antennas needed to provide these services (hereinafter "Telecommunications Service Facilities"); WHEREAS, the Act does not pre-empt state and local land use regulation of Telecommunications Service Facilities and the City of Ocoee intends to preserve local land use authority over the design, location, and siting of Telecommunications Service Facilities in Ocoee as provided for in the Act; WHEREAS, the Act prohibits state and local governments from regulating radio frequency emissions from Telecommunications Service Facilities when the facilities are consistent with Federal Communications Commission radio frequency regulations; WHEREAS, the Act requires local governments to establish competitively neutral, non- discriminatory, and predictable regulations for the review of Telecommunications Service Facilities within a reasonable period of time taking into account the nature and scope of individual requests; 1 E\CAPDFILE\ DDEVCD\19W DW LDC\FNLCTORPD LN May 1,1997(1:53pm) WHEREAS, the Federal Communications Commission has auctioned off various ranges of the radio frequency spectrum to encourage more competition in the Telecommunication Services market and the City of Ocoee anticipates that there will be numerous and frequent requests for locating Telecommunications Service Facilities within and around Ocoee; WHEREAS, it is consistent with the goals, objectives, and policies of the Future Land Use Element of the Ocoee Comprehensive Plan to regulate the design, location, and siting of Telecommunications Service Facilities to promote, protect, and improve the public health, safety, general welfare, and aesthetics of the community by addressing the significant aesthetic impact of existing and proposed Telecommunications Service Facilities; WHEREAS, the City of Ocoee will promote and consider favorably proposals for aesthetically-pleasing, artistic, imaginative, and/or architecturally innovative approaches to designing, locating, and siting new Telecommunications Service Facilities provided that a public benefit can be realized and adverse impacts can be offset; and WHEREAS, the City of Ocoee determines that Telecommunications Service Facilities can be camouflaged, designed, located, and sited in an aesthetically-pleasing manner, without impairing service delivery and that camouflaged facilities should be the primary option rather than construction of additional conventional telecommunication structures or other unsightly facilities; WHEREAS, the City of Ocoee determines that building-mounted and innovative telecommunication service facilities, when properly designed, are an acceptable and preferred secondary option rather than the construction of additional conventional telecommunication structures or other unsightly facilities; WHEREAS, the City of Ocoee has determined that the use of conventional zoning classifications is inappropriate for the regulation of Telecommunications Service Facilities locations; WHEREAS, it is in the public interest to accommodate the need for Telecommunications Service Facilities while protecting residential areas, places of public assembly, and certain other areas of the community from the potential incompatibility, adverse impacts, and visual obtrusiveness of Telecommunications Service Facilities; WHEREAS, the need to regulate Telecommunications Service Facilities to avoid potential damage to adjacent properties from structural failure through engineering and careful siting of Telecommunications Service Facilities has been recognized by the City of Ocoee; and; WHEREAS,this ordinance implements and is consistent with the above statements and the Future Land Use Element and all applicable policies of the Ocoee Comprehensive Plan, 2 E:1CAPDFILE\LNODEVCD11997LDC\FNLCTORD.WPO May 1, 1997(1-.53pm) NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE: Section 2-4, "Definition of Terms,"of Article II, "Language and Definitions" of Chapter 180, the "City of Ocoee Land Development Code," is hereby amended as follows by adding the following definitions which shall be alphabetically inserted into the existing text: 2 - 4. Definition of Terms. ACCESSORY FACILITY shall mean a ground-mounted telecommunications service facility located on a property with an existing principal use for which the telecommunications service facility is a necessary component of everyday business and the facility is used and operated exclusively by the business (principal use). For example, a contractor trade office that dispatches its own trucks. ABOVE MEAN SEA LEVEL (AMSL) shall mean a uniform point from which height above sea level (or zero elevation) can be measured. ANTENNA(S)shall mean the surface from which telecommunication radio signals are sent from and received by a telecommunication service facility. Examples of common types of antennas include, but are not limited to: (1) panel antennas; (2)whip antennas; (3) cross-polarized antennas; (4) dual-polarized antennas; and (5) microwave dishes. ALTERNATIVE MOUNTING STRUCTURE shall mean man-made trees, clock towers, bell steeples, light poles, and other similar non-conventional mounting structures that camouflage the presence of antennas or conventional mounting structures. ABOVE GROUND LEVEL (AGL) shall mean that term for height typically used by the telecommunications industry to refer to the distance from the base of the facility to the mid-point of an antenna (or"radiation center"). APPARATUS shall mean the following telecommunications service equipment and any related accessory, mechanical, or electronic equipment that is required for the operation of the telecommunications service facility: antennas, dishes, brackets, cables, wires, equipment shelters, and any similar devises. BUILDING-MOUNTED TELECOMMUNICATIONS SERVICE FACILITIES shall mean a telecommunications service facility that is attached or affixed to an existing building that was designed or constructed to house another principal or accessory use. Examples of building- mounted telecommunication service facilities include facilities located on roof tops and attached to facades. CAMOUFLAGE shall mean disguised or hidden so as to be unnoticeable to the casual observer. 3 E'\CAPDFILE\LNDDEVCD\1997LOC\FNLCTORD.WPD May 1, 1997(1.53pm) CAMOUFLAGED TELECOMMUNICATIONS SERVICE FACILITIES shall mean a telecommunications service facility that is disguised or hidden with its apparatus housed within the structure or otherwise disguised to be unnoticeable. Camouflaged facilities are those located, sited, and designed to unobtrusively blend into their surroundings so as to be unnoticeable by the casual observer. Examples of camouflaged facilities include, but are not limited to, telecommunications service facilities constructed in the form and shape of: (1) a tree located on a wooded parcel; (2) a light standard in a parking lot; or (3) a facility which externally appears to be or is a bell or clock tower located in a campus-like setting or park. CELLULAR shall mean a mobile telephone service operating in the 800 MHZ spectrum. CLUSTERING, TELECOMMUNICATIONS SERVICE FACILITIES shall mean a horizontal arrangement or grouping of single-type, innovative telecommunications service facilities. Examples of clustering include, but are not limited to, an arrangement of camouflaged telecommunications service facilities which appear to be a group of pine trees or a grouping of monopoles or guyed towers in a visually appealing geometric pattern. This term should not be confused with "antenna farms"which would involve groups of various types of telecommunications service facilities such as two camouflaged and four monopoles grouped at one location. CO-LOCATED TELECOMMUNICATIONS SERVICE FACILITIES shall mean the vertical placement of more than one telecommunications service antenna or antenna set on a single ground-mounted structure. COMMERCIAL MOBILE RADIO SERVICES (CMRS) shall mean any of several technologies using radio signals at various frequencies to send and receive voice, data, and video signals, as defined by Section 704 of the Telecommunications Act of 1996. COMMUNICATION TOWER shall mean that term commonly used to refer to conventional types of ground-mounted structures used for providing telecommunication service facilities(see also Ground-Mounted Structure and Telecommunications Service Facility). CONVENTIONAL TELECOMMUNICATIONS SERVICE FACILITIES shall mean towers or metal structures used solely for the purpose of elevating antennas including, but not limited to, monopoles, guyed towers, and lattice towers. CROSS- OR DUAL POLARIZED ANTENNAS shall mean a bipolar antenna that is flush- mounted or directly affixed to a structure or tower. DESIGN, TELECOMMUNICATIONS SERVICE FACILITIES shall mean the appearance of telecommunications service facilities, and surrounding equipment, shelters, cabinets and buildings taking into account their materials, colors, texture, finish, architectural style, shape, height, bulk, massing, and opacity as compared to the design and character of surrounding development. ENHANCED SPECIALIZED MOBILE RADIO (ESMR) shall mean private land mobile radio with telephone services. ENVIRONMENTAL ASSESSMENT(EA)shall mean that document required by the Federal Communications Commission and the National Environmental Policy Act when a facility is located in an area that might be an environmentally sensitive or impacted area. 4 E:\CAPDFILE\LNDDEVCD\1997LDC\FNLCTORD.WPD May 1,1997(1:53pm( EQUIPMENT SHELTER shall mean an enclosure, cabinet, shed, box or building located near a telecommunications service facility that houses batteries and electrical equipment connected to the antenna by cable (sometimes referred to as "base transceiver stations"). GROUND-MOUNTED STRUCTURE shall mean a mounting structure that is constructed on the ground. Within the ground-mounted category there are the following main construction types: (1) Monopole; (2) Lattice Tower; and (3) Guyed Tower. GUYED TOWER shall mean a monopole or lattice tower that is tied or anchored to the ground or other surface by diagonal cables. HEIGHT, TELECOMMUNICATIONS SERVICE FACILITIES shall mean the height above ground level (AGL) that being the vertical distance from the base of a building and/ or ground- mounted structure that a telecommunications service facility is attached to and its highest point, including any apparatus, measured in feet above the average pre-development elevation of the lot. INNOVATIVE TELECOMMUNICATIONS SERVICE FACILITIES shall mean those telecommunications service facilities not otherwise described in Section 5-19"Telecommunications Service Facilities," of the Ocoee Land Development Code, as determined by the Director of Planning. Innovative facilities shall be unique and aesthetically-pleasing approaches to providing telecommunications service facilities that are truly innovative with respect to architectural design, artistic value, scenic value, cultural beauty, community identity, or similar qualities. Innovative facilities should may also serve some other useful function beneficial to the public and the residents of Ocoee. Examples of such public benefits might include: (1) redesign and consolidation of traffic control devices, (2) a landmark identifying an historic area, (3) clustering of telecommunications service facilities at one location, and (4) other similar benefits. LATTICE TOWER shall mean a mounting structure that is self-supporting with multiple legs and cross-bracing of structural steel. LICENSED CARRIER shall mean a company authorized by the Federal Communications Commission to construct and operate a commercial mobile radio services system. LIGHT STANDARD shall mean a street light standard, parking lot light standard, or ballfield light standard which may be utilized as a telecommunications service facility mounting structure. LOCATION, TELECOMMUNICATIONS SERVICE FACILITIES shall mean a platted lot, parcel of record, or a leased unplatted portion of a larger property within areas of and adjacent to the City upon which a telecommunications service facility may be constructed according to the City of Ocoee Land Development Code. This term should not be confused with "siting" which refers to the place(s)within a location where a facility shall be constructed. MODIFICATION shall mean the changing of any portion of a structure from its description in a previously approved permit or development order, such as a change in design, ownership, or addition of more apparatus. MONOPOLE shall mean a self-supporting mounting structure consisting of a single pole or shaft of wood, steel, or concrete. 5 E\CAPDFILE1LNDDEVCD\1997LDC\FNLCTORD.WPD May 1, 1997(153pm) MOUNTING STRUCTURE shall mean any structure that antennas or telecommunications service facilities are attached to for the primary purpose of elevating the antennas or facilities. PAGING shall mean a service that provides tone, text, and limited voice messaging. PANEL ANTENNAS shall mean flat, long, and wide surfaces using a single polarized signal transmission and reception configuration. PERFORMANCE STANDARD, TELECOMMUNICATIONS SERVICE FACILITIES shall mean criteria established to control such matters as, but not limited to, the size, location, siting, design, separation, co-location, and construction of telecommunications service facilities. PERSONAL COMMUNICATION SERVICES (PCS) shall mean an advanced form of radio telephone services that operates in the 1850-1990 MHZ range and is capable of transmitting and receiving voice, data, text, and video messaging. PRE-EXISTING TELECOMMUNICATIONS SERVICE FACILITIES TOWERS—AND ANTENNAS shall mean any telecommunications service facility for which a permit was properly issued prior to the effective date of Section 5-19. RADIO FREQUENCY RADIATION (RFR) shall mean emissions from telecommunications service facilities which can, in excessive amounts, be harmful to humans. SECURITY BARRIERS shall mean a locked, maintenance-free, impenetrable wall, fence, or other acceptable barricade that completely seals an area from unauthorized entry and trespass. SEPARATION shall mean the horizontal distance along the ground between two telecommunications service facilities when measured from the center of one facility to the center of another facility, irrespective of jurisdictional boundaries. Global Positioning Coordinates (GPC) may be used for the purposes of measuring and reporting horizontal separation. SETBACK, TELECOMMUNICATIONS SERVICE FACILITY shall mean the minimum horizontal distance between the location boundaries and/or street right-of-way line and the area where a telecommunications service facilities may be constructed. SITING shall mean the method and form of placement of telecommunications service facilities within a specific location. Siting should not be confused with the process of determining the appropriate "location"for a telecommunications service facility. SPECIALIZED MOBILE RADIO(SMR)shall mean a group of services serving dispatch and data communications users, usually over a small geographic area. SMR operates over several frequencies in the 800 to 900-plus MHZ range. TELECOMMUNICATIONS SERVICE(S)shall mean personal wireless services, commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange services, as well as radio and television broadcasting services. The term "Telecommunications Service(s)" shall not include amateur radio operation, as licensed by the Federal Communications Commission (FCC). 6 E:\CAPDFILE\LNDDEVCD\1997LDC\FNLCTORD WPD May 1, 1997(1 53pm) TELECOMMUNICATIONS SERVICE FACILITY shall mean any combination or group of the following used to provide telecommunication services: antennas, dishes, cables, wires, mounting structures, brackets, apparatus, towers, poles, and equipment shelters. The term "Telecommunications Service Facility" shall not include amateur radio operators' equipment or conventional residential antennas, as licensed by the Federal Communications Commission (FCC). UNLICENSED WIRELESS SERVICES shall mean commercial mobile radio services that operate on public domain frequencies and therefore need no Federal Communications Commission license for their facilities. WHIP ANTENNAS shall mean omnidirectional wands or aerials that act as single antennas. SECTION TWO: Article V, "Land Use and Density Regulations (Zoning),"of Chapter 180, "The City of Ocoee Land Development Code," be and the same is hereby amended by adding new Section 5 - 19, "TELECOMMUNICATIONS SERVICE FACILITIES "to read as follows: SECTION 5 - 19. TELECOMMUNICATIONS SERVICE FACILITIES. A. Purpose. This Section 5-19 is consistent with the Future Land Use Element of the Ocoee Comprehensive Plan by providing for the evaluation of new telecommunications service facilities to promote, protect, and improve the public health, safety, general welfare, and aesthetics of the community by addressing their significant aesthetic and safety impacts. The purpose of this Section 5-19 is to require that telecommunications service facilities are located, designed, sited, and constructed to blend into their surroundings unobtrusively. B. Intent. The regulations and requirements set forth herein are adopted: (1.) To define the areas where telecommunications service facilities may be located; (2.) To promote camouflaged telecommunications service facilities as the primary option rather than the construction of additional conventional telecommunication structures or other unsightly facilities; (3.) To promote telecommunications service facilities that are either building- mounted or innovative rather than the construction of additional conventional telecommunication structures or other unsightly facilities; (4.) To limit those areas of the City where conventional telecommunications service facilities may be located; (5.) To promote proposals for aesthetically-pleasing, artistic, imaginative, and architecturally innovative approaches to constructing telecommunications service facilities provided that a public benefit can be realized and adverse impacts can be offset; 7 E.ICAPDFILE\LNDDEVCDV 997LDC\FNLCTORo.wPD May 1.1997(E 53pm) (6.) To avoid potential damage, nuisance, or interference to adjacent properties from telecommunications service facilities through careful locating, siting, designing, engineering, and evaluation of facilities; (7.) To establish competitively neutral and predictable regulations for the review of telecommunications service facilities taking into account the nature and scope of individual applications; and (8.) To accommodate the need for telecommunications service facilities while protecting neighborhoods and other areas of the City from the potential incompatibility, adverse impacts, and visual obtrusiveness of facilities and to minimize the adverse visual impacts of such structures through the careful evaluation of each application. A strict application of this Section 5-19 shall not discourage applicants from proposing innovative approaches to providing telecommunications service facilities provided that the proposal results in the least disruptive, least obtrusive, and most compatible construction, design, location, and siting of the facility. C. Applicability. No telecommunications service facilities shall be located, constructed, or modified except in compliance with the provisions of this Section 5-19. Additionally, all such facilities shall comply with all other applicable sections of the City of Ocoee Land Development and Building Codes, to the extent not inconsistent herewith. This Section 5-19 shall apply to all telecommunications service facilities whether such facilities are used as a principal use or as an accessory use. Separation shall be measured between all nearby telecommunications service facilities irrespective of municipal or jurisdictional boundaries. (1.) Amateur Radio: Receive-Only Antennas: This Section 5-19 shall not govern any tower, or the installation of any antenna, that is under the conventional zoning district height limitation and is owned and operated by a federally- licensed amateur radio station operator or is used exclusively for receive-only antennas. (2.) Pre-Existing Towers and Antennas: Any tower or antenna for which a permit has been properly issued prior to May 20 1997 the effec,tiye dateifthis ordinance-shall be considered a legal non-conforming use and governed by Section 5-19 (N). D. Generally. The City of Ocoee has determined that the use of conventional zoning • classifications are inappropriate for the permitting of telecommunications service facility locations. Accordingly, the City has adopted Map 5-19 "Telecommunications Service Facilities Location Map," a copy of which is attached hereto as Exhibit "A" and by this reference is incorporated herein, which will be used for permitting the location and types of telecommunications service facilities within three areas (Areas One, Two, and Three). Only one ground-mounted structure shall be permitted per location, except for clustering of telecommunications service facilities as provided for in Section 5-19 (E)(4) "Innovative." 8 E\CAPDFILE\LNDDEVCD\1997LDC\FNLCTORD WPD May 1, 1997(1.53pm) (1.) Director of Planning. The Director of Planning shall have the initial responsibility for determining whether a proposed telecommunications service facility is consistent with the intent of this Section 5-19. The Director shall also encourage innovative approaches to providing telecommunications service facilities that minimize any adverse impacts of such structures. Accordingly, pre-application conferences are strongly encouraged in the pre- siting phase. (2.) Burden of Proof and Compliance. An applicant must demonstrate compliance with the conditions specified throughout this Section 5-19. The applicant shall be solely responsible for proving that an application is in compliance with these criteria, not the City of Ocoee. (3.) Application Processing. Telecommunications service facilities identified in this Section 5-19 may be permitted either through the Site Plan or Special Exception review process. Applications for telecommunications service facilities that require Site Plan approval shall be processed in accordance with Section 4-3 "Site Plan Review for Development not Classified as a Subdivision' and Section 5-19 (J) "Site Plan Review." Site Plan applications shall be submitted to and evaluated by the Director of Planning as provided for in Sections 4-3 and 5- 19 except that such facilities ..bell ,,..t Le i.,...,J Ly tl a1 iU Ira fil0J ii1 a1.�„1 dal ILA.. witL C.,.,G„11 4 3 lut .,a..l, uyyliwti,.,,s shall also comply with information and submittal requirements contained in Section 5-19 (I) "Application Submittals" and Section 4-3 "Site Plan Review for Development not Classified as a Subdivision." Applications for telecommunications service facilities that require Special Exception approval shall be processed in accordance with Section 4-8 "Special Exception" and Section 5-19 (K) "Special Exception Review." Special Exception applications shall be submitted to and evaluated by the Director of Planning as provided for in Sections 4-8 and 5-19 except that such applications shall also comply with the submittal and informational requirements contained in Sections 5-19 (I) "Application Submittals" and Section 4-3 "Site Plan Review for Development not Classified as a Subdivision." (4.) Prohibited Telecommunications Service Facilities. The following telecommunications service facilities are considered to be inconsistent with the intent, purpose, and findings of this Section 5-19 and are not permitted in Ocoee, Florida. (a.) roof-mounted apparatus which is visible above the parapet wall; (b.) roof-mounted monopoles or towers; (,..) e, bulky ,,,aunlIny atrt..,k.i.s; (d.) other-bulky-apparatus that is unaIghtly in conflict with the intent of this Section 5-19; (e.) Telecommunications service facilities located outside of Areas One, Two, or Three, as shown on Map 5-19, except those facilities legally existing on the date of this ordinance; 9 E\CAPDFILE\LNDDEVCD\1997LDC\FNLCTORD.WPD May 1, 1997(V 53pm) E. Facilities Permitted in Area One. These regulations are intended to protect neighborhoods, enhance the appearance of the community, and encourage innovative approaches to providing telecommunications service facilities. Camouflaged, Building- Mounted, and Accessory telecommunications service facilities shall be permitted uses in Area One. Innovative telecommunications service facilities shall require Special Exception approval . i,' height. Apart from the facilities listed below, no other facilities shall be permitted in Area One shown on Map 5-19. (1.) Camouflaged telecommunications service facilities. All telecommunications service facilities permitted under this subsection shall be camouflaged, including alternative mounting structures and apparatus. Each camouflaged telecommunications service facility shall comply with the performance standards outlined in Section 5-19 (H) "Specific Use/ Development Standards" and all of the following standards: (a.) Size. No camouflaged telecommunications service facility located in Area One may exceed 75 feet in height. (b.) Location. Camouflaged telecommunications service facilities may be located either on public or private property. (c.) Siting. Alternative mounting structures, apparatus, equipment shelters, and security barriers shall be located on a site so as to blend all facilities to the maximum extent possible into either the built or natural environment, as appropriate. Equipment shelters may be contained within the structure, located underground, or otherwise screened to disguise the shelter. Facilities that are camouflaged as trees may not be utilized to meet the City's landscaping requirements for the principal use. (d.) Design. By definition, camouflaged telecommunications service facilities shall be designed, painted, and screened so as to be unnoticeable to the casual observer. No apparatus shall be readily visible through the proposed camouflage. No telecommunications service facilities shall be attached to living plants. (e.) Separation. There shall be no requirement to separate camouflaged facilities from other telecommunications service facilities or other structures. (f.) Co-location, If all proposed co-located telecommunications service facilities are included in the application, then the number of antennas that may be vertically co-located shall only be limited by the ability to camouflage the antennas, in a manner acceptable to the City. 1 D E:\CAPDFILEILNDDEVCD\19WLD D C\FNLCTOR WPD May 1,1997(1:53pm) (2.) Building-Mounted. Building-Mounted telecommunications service facilities shall comply with the performance standards outlined in Section 5-19 (H) "Specific Use/ Development Standards"and all of the following standards: (a.) Size. No structure or building-mounted telecommunications service facility located in Area One may exceed the underlying zoning district height restrictions, except as provided for in Section 5-5 (A). In no case shall such a facility exceed 50 feet in height above ground level. (b.) Location. Building-mounted telecommunications service facilities may be located either on private or public buildings. Building- mounted facilities shall not be located on single family or duplex residential structures. (c.) Siting. Facade-mounted facilities may extend 10% into any required setback. By definition, building-mounted telecommunications service facilities shall not be ground-mounted. Any telecommunications service facility, apparatus, and security barrier shall be located so as to blend all facilities to the maximum extent possible into the built environment. Equipment shelters may be contained within the building or located on the ground adjacent to the building provided that the shelter is surrounded by landscaping. Alternatively, equipment shelters may be located on the roof provided that they are screened per Section 6-10 (I) (7) "Other Requirements." In no case shall a telecommunications service facility extend more than six (6) feet above a parapet wall or roof-mounted screen. (d.) Design. Building-mounted telecommunications service facilities and all related apparatus shall be designed, painted, and screened to be unnoticeable to the casual observer. Facade-mounted facilities shall be unobtrusive and consistent with the design of the building. (e.) Separation. There shall be no requirement to separate building- mounted telecommunications service facilities from on-site buildings or other telecommunications service facilities located either on-or off- site. (f.) Co-location. Several roof-mounted telecommunications service facilities may be co-located on the same building. The number and design of co-located facilities shall be limited by the ability to screen the apparatus in accordance with Section 6-10 (1)(7) "Other Requirements" and to meet the other requirements of this Section 5- 19 (E)(2). 11 E\CAPDFILE\LNDDEVCD 1997LDC\FNLCTORD WPD May 1. 1997(1 53pm) (3.) Accessory Facilities. Accessory telecommunications service facilities shall comply with the performance standards outlined in Section 5-19(H)"Specific Use/ Development Standards" and all of the following standards: (a.) Size. No accessory telecommunications service facility located in Area One may exceed the height restrictions of the underlying zoning district. In no case shall such a facility exceed 50 feet in height above ground level. (b.) Location. Accessory telecommunications service facilities may be located either on public or private property that complies with the minimum lot size requirements of the underlying zoning district; however, such facilities may not be located on single family or multifamily property. By definition, accessory facilities may not constitute the principal use of a location, as determined by the type of Occupational License assigned to the location address and/or the amount of square footage proposed for the telecommunications service facility. (c.) Siting. An accessory telecommunications service facility shall be constructed a minimum of 10 feet from principal structure, in the rear of side yard. Such facilities shall also meet the applicable district setbacks of the underlying zoning district. The minimum size of the lot shall be as required by the underlying district requirements. An accessory facility and its related apparatus, equipment shelter, and security barrier shall be constructed and placed on the property so as to blend all facilities to the maximum extent possible into the built environment. (d.) Design. The mounting structure shall be of the Monopole or Guyed Tower type and be flat white in finish color. In all visual respects, the design of the facility shall be minimally intrusive upon adjoining property owners. No facility with Federal Aviation Administration lighting may be constructed in Area One as an accessory structure. (e.) Separation. Accessory telecommunications service facilities shall be separated from off-site structures by at least their height. (f.) Co-location. No vertical co-location or clustering of accessory facilities shall be permitted. 12 E\CAPDFILEILNDDEVCD\1997LDC\FNLCTORD WPD May 1, 1997(1.53pm) (4.) Innovative. The size, height, location, siting, design, construction, landscaping, screening, and fencing proposals for telecommunications service facilityies, considered to be innovative, shall be included in the applicant's request. The requests must be conceptually approved by the Director of Planning, and receive final approval through the Special Exception process. In addition to the criteria for Special Exceptions set forth at Sections 4-8, 5-19 (H), and 5-19 (K), applications for innovative telecommunications service facilities shall comply with the following: (a.) Size. The size and height of an innovative telecommunications service facility shall require Special Exception review. In no case shall such a facility exceed 125 feet in height. (b.) Location. Innovative telecommunications service facilities may be located either on private or public property; however, such facilities may not be located on single family or multifamily property. (c.) Siting. The siting for an innovative telecommunications service facility must be approved as part of the Special Exception review process. Applicants may request permission to place such facilities within the public right-of-way, pursuant to Section 153-5 "Application Procedures" and Section 153-5.1 "Compliance Requirements" of the Ocoee Code of Ordinances. A lease and/or franchise agreement may be required by the City Commission as a condition precedent to Special Exception approval. (d.) Design. The architectural design of an innovative telecommunications service facility must be included in the applicant's request and considered as part of the Special Exception process. The proposed design shall be truly innovative and the height, size, bulk, massing, and opacity shall be the minimum necessary. Also, the proposed design shall be aesthetically-pleasing and compatible with the existing character of development in the area, and the design of such facilities should consider the incorporation of features that provide a public benefit. (d.) Separation. The separation requirements applicable to Innovative facilities must be approved as part of the Special Exception review process. Proposed separation requirements shall be reviewed by the Director of Planning and considered by the Development Review Committee, Planning and Zoning Commission, and City Commission based upon design factors and the visual impact analysis. (f.) Co-location. Vertical and horizontal co-location may be permitted based upon design factors. E1CAPDFILELLNDDEVCD11997LDGIFNLCTORD WPO 13 May 1, 1997)153pm) F. Facilities Permitted in Area Two. These regulations are intended to protect neighborhoods and preserve the appearance of the community by providing limited areas where conventional types of telecommunications service facilities may be located.hi aJJ;t u,1 to the Telecommunications service facilities permitted in Area One above shall also be permitted in Area Two. Additionally, Innovative, Guyed, or Monopole telecommunications service facilities may be located in Area Two subject to Special Exception approval. Ne Apart from the telecommunications service facilities listed below, no other facilities shall be approved in Area Two shown on Map 5-19. (1.) Camouflaged telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19 (E) (1) above. (2.) Building-Mounted telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19 (E) (2) above, except that such facilities shall not exceed 100 feet in height. (3.) Accessory telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19 (E) (3) above. (4.) Innovative telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19 (E) (4) above, except that such facilities shall not exceed 150 feet in height. (5.) Monopoles. Monopole telecommunications service facilities require Special Exception approval and must meet the performance standards outlined in Section 5-19 (H) "Specific Use/ Development Standards" as well as the following: (a.) Size. No monopole telecommunications service facility located in Area Two may exceed 150 feet in height. (b.) Location. Monopole telecommunications service facilities may be located either on public or private property, except that such facilities may not be located on single family or multifamily properties. (c.) Siting. Monopoles shall be set back the greater of the high buffer (see Section 5-18 (C)).or the required street setback (see Section 6- 10(I)(3)). Monopoles shall be set back 10 feet from other on-site structures. (d.) Design. Monopole telecommunications service facilities shall be designed to have a narrow streamlined silhouette. Whip, cross- polarized, or dual-polarized antennas are required as the primary method of attaching antenna sets to monopoles. Monopoles and any attached apparatus shall have a flat black finish color, except that the enclosure/screen may have another finish color which blends into its environment. 14 E1CAPDFILE1LNDDEVCD\1997LDC\FNLCTORDWPD May 1.1597(1:53pm) (e.) Separation. Monopoles shall be separated by at least 200 feet from any residence. Monopoles shall be separated from guyed towers, lattice towers, and other monopoles by at least one-quarter(1/.) mile. (f.) Co-location. A maximum of 2420 antennas may be co-located on a monopole. Of those, no more than one may be a grid antenna and any remainder may only be panel or whip antennas. In addition, the maximum number of possible antennas shall be limited by the capacity of the monopole at the permissible height. (6.) Guyed Towers. Guyed telecommunications service facilities require Special Exception approval and must meet the performance standards outlined in Section 5-19 (H) "Specific Use/ Development Standards" as well as the following: (a.) Size. No Guyed Tower telecommunications service facility located in Area Two may exceed 150 feet in height. (b.) Location. Guyed towers may be located either on public or private property, except that such facilities may not be located on single family or multifamily residential properties. (c.) Siting. Guyed towers and their related structural cables and ground anchors shall be set back the greater of the high buffer (see Section 5-18 (C)) or the required street setback (see Section 6-10(1)(3)). Guyed towers shall be set back 10 feet from other on-site uses. (d.) Design. Guyed towers and any apparatus shall be designed to have a narrow, transparent silhouette, exclusive of their cables. Whip, cross-polarized, or dual-polarized antennas are required as the primary method of attaching antenna sets to guyed towers. Guyed towers and any attached apparatus shall have a flat white or light gray finish color. (e.) Separation. Guyed towers shall be separated by at least 200 feet from any residence. Guyed towers shall be separated from monopoles, lattice towers, and other guyed towers by at least one- quarter(%) mile. (f.) Co-location. A maximum of 2420 antennas may be co-located on a guyed tower. Of those, no more than one may be a grid antenna and any remainder may only be panel or whip antennas. In addition, the maximum number of possible antennas shall be limited by the capacity of the guyed tower at the permissible height. 15 E.\CAPDFILE\LNDDEVCD(1997LDC\FNLCTORD WPD May 1, 1997(1 53pm) G. Facilities Permitted in Area Three. These regulations are intended to protect neighborhoods, preserve the appearance of the community, and concentrate the most unsightly facilities in a limited geographical area. hi aJJItIon to th.. !Telecommunications service facilities permitted in Area One and Area Two, shall also be permitted in Area Three. Additionally Innovative, Monopole, Guyed, and Lattice telecommunications service facilities may be located in Area Three subiect to Special Exception approval. al Cx„eptian app,mal. No tehee.,mn,unieatian., service faeility I,.eated in Arta TI may . Apart from the telecommunications service facilities listed below, no other telecommunications service facilities shall be approved in Area Three shown on Map 5-19. (1.) Camouflaged telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19 (E) (1) above. (2.) Building-Mounted telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19 (E) (2) above, except that such facilities shall not exceed 100 feet in height. (3.) Accessory telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19 (E) (3) above. (4.) Innovative telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19 (E) (4) above, except that such facilities shall not exceed 200 feet in height. (5.) Monopole telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19 (F) (5) above except that no facility located in Area Three may exceed 200 feet in height. (6.) Guyed telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19 (F) (6) above except that no facility located in Area Three may exceed 200 feet in height. (7.) Lattice telecommunications service facilities require Special Exception approval and must meet the performance standards outlined in Section 5-19 (H) "Specific Use/ Development Standards" as well as the following: (a.) Size. No Lattice tower located in Area Three may exceed 200 feet in height. (b.) Location. Lattice towers may be located either on public or private property, except that such facilities shall not be located on single family or multifamily residential properties. (c.) Siting. Lattice towers shall be set back the greater of the high buffer (see Section 5-18 (C)) or the required street setback (see Section 6- 10(I)(3)1. Lattice towers shall be set back 10 feet from other on-site uses. 16 E:\CAPDFILE\LNDDEVCD\1997LDC\FNLCTORD.WPD May 1, 1997(1:53pm) (d.) Design. Platforms or mounting brackets may be used to attach antenna sets to lattice towers. Lattice towers and their apparatus shall have a galvanized steel or flat gray finish. (e.) Separation. Lattice towers shall be separated by at least 250 feet from any residence. Lattice towers shall be separated from monopoles and guyed towers by at least one-quarter ('/,) mile. Lattice towers shall be separated from other lattice towers by at least one-half(%) mile. (f.) Co-location. A maximum of 2426 antennas may be co-located on a lattice tower. Of those, no more than one may be a microwave antenna, no more than one may be a satellite dish antenna, no more than five may be grid antennas, and any remainder may only be panel or whip antennas. In addition, the maximum number of possible antennas shall be limited by the capacity of the lattice tower at the permissible height. H. Specific Use/Development Standards. The following regulations supplement the general regulations above in Sections 5-19 (E), (F), and (G): (1.) Building and Electrical Codes. New telecommunications service facilities and all modifications to existing structures such as, the addition of height and the addition of antennas, shall be constructed in accordance with all City building and electrical codes and shall be certified by an engineer licensed to practice in the State of Florida. (2.) Structural Certification. Each application for modification or construction of a telecommunications service facility shall include a certification of the structural integrity of the facility and foundation plans sealed by an engineer licensed to practice in the State of Florida. (3.) Public Facilities. If the City determines that there is a governmental or public safety need, the City Commission may grant specific waivers to this Section 5-19 in order to allow the construction of a proposed public safety or governmental telecommunications service facility. If the City Commission determines that a proposed telecommunications service facility is situated in a location which will benefit the City's telecommunication systems, then such a facility shall be engineered and constructed to accommodate the City's additional equipment. The applicant shall engineer and construct the facility and the City shall reimburse the applicant for the actual engineering and construction expenses incurred in meeting the City's needs. (4.) Non-interference. Each application for a telecommunications service facility shall include a certification by a licensed engineer that no interference with public safety system and/or public safety entities will occur. Each application shall also include a certified statement that the facility, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and nonresidential properties. 17 E.\CAPDFILELNDDEVCD\1997LDCFNLCTORD.WPD\ \ May 1, 1997(1:53pm) (5.) Subdivision of property. A telecommunications service facility may be located on a parcel without requiring a subdivision of land provided that: (1) a legal description of the leased property is provided with the application; (2) the required security barrier is located on the boundaries of the location; and (3) the telecommunications service facilityies is otherwise permitted by this Section 5-19. (6.) Design. Equipment that would otherwise be visible against a building or structure shall be designed to blend with such building or structure. Equipment that would be visible against the sky or other background shall be designed to minimize its visibility against such background. (7.) Osprey/Eagle Nesting. New freestanding telecommunications service facilities shall incorporate a design that provides an integral nesting platform to direct the most likely site for osprey or eagle nesting to a location on the tower which will reduce the risk of interference with tower equipment and maintenance. (8.) Cables. Cables and wires shall not be bundled or grouped in sets, rather they shall be affixed to a base member or otherwise unobtrusively affixed to the mounting structure. This requirement shall not apply to guy wires and anchors that support a tower. (9.) Security Barriers. A maintenance-free six(6)foot tall security barrier shall be required for all telecommunications service facilities. It shall surround all facilities and be located on the property boundary lines, except that security barriers located on rooftops shall surround all apparatus. (10.) Equipment Shelters. One equipment shelter shall be permitted in conjunction with each telecommunications service facility user. (11.) Equipment Storage. Mobile or immobile equipment not used in direct support of a facility shall not be stored or parked on the site of the telecommunications service facilities unless repairs to the mounting structure are being made. (12.) Parking. The City shall require a parking area designed to serve all telecommunications service facilities at each location. The parking area shall provide at least one parking space. Parking requirements may be waived for camouflaged, innovative, and accessory telecommunications service facilities. 18 E\CAPDFILE\LNDDEVCD11997LDC\FNLCTORD.WPD May 1, 1997(153pm( (13.) Landscaping. The visual impacts of telecommunications service facilities shall be mitigated for nearby viewers through landscaping or other screening materials located along the outside of the security barrier. All landscaping shall be of an evergreen species, fully irrigated, and selected from the list of plant materials in Section 6-10 "Landscaping." Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting these requirements. At a minimum, the following landscaping and buffering shall be required: (a.) A row of canopy/shade trees shall be planted twenty-five feet apart just outside of the security barrier. At the time of planting, each tree shall have be a minimum of two (2) inches d.b.h. with overall height of twelve (12) feet. The mature height of the selected tree species shall be at least 35 feet; and (b.) A continuous hedge at least 30 inches high at planting and capable of growing to at least 45 inches in height within 18 months shall be planted in front of the security barrier. (14.) Signs and Advertising. The use of any portion of a mounting structure for sign or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. (15.) Warning Signs. If high voltage is necessary for the operation of the facility or any accessory structures, "HIGH VOLTAGE- DANGER"warning signs shall be permanently attached to the security barrier and shall be spaced not more than 40 feet apart. "NO TRESPASSING"warning signs shall be permanently attached to the security barrier and shall be spaced not more than 40 feet apart. The letters for the "HIGH VOLTAGE" "DANGER" and "NO TRESPASSING" warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the fence. The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping. (16.) Lighting and Marking. If an applicant has requested a permit to build or modify a telecommunications service facility, and the Federal Aviation Administration determines that the facility shall be marked or illuminated, then the applicant shall redesign the modification request to avoid any Federal Aviation Administration illumination or marking requirements. Modification of a telecommunications service facility shall not be approved where to do so would require illumination or marking, based upon Federal Aviation Administration requirements, of a proposed facility or an existing unmarked/unlit facility. 19 E\CAPDFILE1LNDDEVCD\1997LDC\RNLCTORDWPD May 1, 1997(1.53pm) (17.) Federal Requirements. All telecommunications services facilities must comply with the radio frequency radiation standards of the Federal Communications Commission. Each application for telecommunications service facilities shall include a certified statement from a registered engineer indicating compliance with these standards. If such standards are changed, then the owner(s)and/or operator(s)of any facilities governed by this Section 5-19 shall bring such facilities into compliance with such revised standards within 180 days of the effective date of such standards, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring telecommunications service facilities into compliance with such revised standards shall constitute an abandonment. (18.) Code Enforcement Action. In addition to all other legal and equitable remedies available to the City for enforcement this Section 5-19 shall, without limitation be enforceable by Code Enforcement Action as provided for in Chapter 7 of the Ocoee Code of Ordinances and Chapter 162, Florida Statutes. Application Submittals. All Site Plan and Special Exception applications, submitted in accordance with this Section 5-19, shall comply with the informational requirements of Section 4-3 and this Section 5-19 (I), unless otherwise determined by the Director of Planning. The applicant shall also clearly demonstrate that the proposed facility is consistent with all pertinent sections of the Ocoee Land Development Code, Building Code, and Code of Ordinances. (1.) Application Fees. Applications shall include a Flat Fee and Review Deposit in accordance with Resolution 92-11 "Development Review Fees," or any subsequent amendments thereto. Review Deposit Accounts shall be set up to reimburse the City for consultant fees as provided for in Section 1-12 "Development Review Fees" of the Ocoee Land Development Code. At the time that a Building Permit is requested,telecommunications service facilities applicants shall also pay applicable Building Permit fees. (2.) Plans. The applicant shall initially submit two (2) plan sets for a determination of sufficiency or completeness. Once the application is determined to be complete, the applicant shall submit eight (8) sets for Site Plans and fifteen (15) sets for Special Exceptions. Each plan set shall be scaled, sealed, and include the following: (a.) A site plan depicting the locations of the following: any existing or proposed structures, any existing signs, any existing or proposed property lines, and dimensions indicating compliance with the siting requirements. (b.) A vicinity map depicting the layout of the location in relationship to adjacent structures and properties. (c.) A survey and legal description depicting the subject property and the proposed location.The survey shall also show existing structures and easements. 20 E.\CAPOFILE\LNODEVCD\1997LDC\FNLCTORD WPD May 1, 19.97(1 53pm) (d.) Two opposing elevations showing the proposed structure, equipment shelter, and apparatus in comparison to human scale. (e.) A topographical map of the site, subject property, and adjacent roadways and adjoining properties with one (1) foot intervals. (f.) A landscape plan indicating the proposed number, type, and arrangement of plant materials, including a tree survey and identification of all trees to be saved. (3.) Letter. A letter from the applicant stating the operating company's name and address, the type of facility requested, and a statement of the type of application approval being sought. The applicant shall submit photographs of similar types of facilities along with the letter and any other information deemed appropriate by the applicant or as requested by the Planning Department. (4.) Environmental Assessments. A copy of Environmental Statements or Assessments prepared for submission to the Federal Communications Commission and/or the National Environmental Policy Administration when such assessments are required by said agency(ies). (5.) Additional submittals required for Special Exceptions. (a.) Surrounding property owners. A list of tax parcel numbers, owner names, addresses, and a map of surrounding properties located within 660 feet of the location generated from current Orange County Tax Assessor's Records. In addition, the applicant shall provide number ten envelopes pre-addressed with the Planning Department address in the return address area and the current owner information (including parcel number) in the addressee area for all surrounding property owners within 660 feet of the location. (b.) Surrounding Land Uses. To ensure land use compatibility, each application for a proposed facility shall include, at a minimum, an aerial photograph having a scale of not more than 1 inch = 300 feet depicting the location of the proposed facility in relationship to adjacent land uses within a 660 foot radius of the proposed location. (c.) Visual Impact Analysis. The visual impact analysis shall include the following information, at a minimum: An identification of significant (taller than 50 feet) existing natural and manmade features adjacent to the proposed facility location, to include those features that will provide buffering for adjacent properties and public rights-of-way. ii. An identification of at least three specific and commonly identifiable points within a 660 foot radius of the proposed location from which the visual impact analysis is presented. 21 E:\CAPDFILE\LNDDEVCD\199]LDC\FNLCTOR WPD D May 1, 1997(1.53pm) Hi. A graphic illustration of the visual impact from adjacent roadways within 660 feet of the proposed facility. iv. The specific points to be included within the visual impact analysis shall be determined in coordination with the City Staff, prior to preparation and completion of the analysis. J. Site Plan Review. Site Plan applications shall be processed as provided for in Section 4-3 "Site Plan Review for Development not Classified as a Subdivision" and this Section 5-19 (J)"Site Plan Review." Such applications shall be submitted to and evaluated by the Director of Planning as provided for in Sections 4-3 and 5-19 (J) except that such facilities shall not be reviewed by the Planning and Zoning Commission and the City Commission. Site Plan applications shall be filed in accordance with Section 4-3 and Section 5-19 (I) "Application Submittals." (1.1 Applications shall be reviewed based upon the criteria for each type of facility as identified in Sections 5-19 (E), (F), (G), (H), and (J). Application fee. adlf forms and the amount of the application fees for Site Plan review shall be obtained from and returned to the Planning Department. (2.1 Additionally, Site Plan applications for telecommunications service facilities shall not be reviewed by the Development Review Committee unless the Director of Planning staff-intends to deny the application. A decision to deny a Site Plan application for a telecommunications service facility shall be in writing and must be based on evidence in the record presented before the Development Review Committee at the time the decision is issued. A recommendation for denial: (a.l may be based upon an insufficient application which has not been completed within 90 days of the date that a letter is sent notifying the applicant that the application is incomplete; lb.) may be based upon 1cN�atcd submittals that do not comply with the requirements of the Ocoee Land Development Code; and fc.1 may not be based upon safety concerns related to radio frequency radiation as stated in the Telecommunications Act of 1996. 22 ECAPDFILE\LNDDEVCD11997LDC\FNLCTORD WPD 9 May 1. 1997(1.53pm) K. Special Exception Review. Applications for telecommunications service facilities that require Special Exception approval shall be processed in accordance with Section 4-8 "Special Exception" and this Section 5-19 (K). Special Exception applications shall be initially submitted to and evaluated by the Director of Planning as provided for in Sections 4-8 and this 5-19 (K) except that such applications shall also comply with the submittal and informational requirements contained in Sections 5-19 (I) "Application Submittals" and Section 4-3"Site Plan Review for Development not Classified as a Subdivision"and undergo DRC review and public hearings before the Planning and Zoning Commission and City Commission. (1.1 Applications shall be reviewed based upon the criteria for each type of facility as identified in Sections 5-19 (E), (F), (G), (H) and (K) as well as the following: fa.) Telecommunications service facilities shall be located, sited, and designed to ensure compatibility with surrounding land uses and the character of existing development. Compatibility shall be evaluated with respect to the visual impact analysis as well as the design of the proposed facility and surrounding development. lb.) The facility will not adversely affect surrounding residential and/or non-residential properties;. An adverse effect would be indicated when an average of at least fifty percent(50%) of the top half of the proposed facility will be visible from a residential area or when the proposed facility will be of a height, bulk and scale that is not compatible with surrounding residential and/or nonresidential uses. (c.) Whether the needs of the applicant can net-be met by means of suk.l, as a camouflaged or building-mounted telecommunications service facility. (d.1 The proposed location and siting is the least disruptive, least obtrusive, and most compatible type of facility technologically feasible, as determined by the City Commission. le.) The proposed facility is designed to unobtrusively blend into its surroundings to the maximum extent feasible. f2.) A decision to deny a Special Exception application for a telecommunications service facility shall be in writing and must be based on evidence in the record presented before the Development Review Committee, Planning and Zoning Commission, and Ocoee City Commission at the time that the decision is issued. A recommendation for denial: fa.) may be based upon an insufficient application which has not been completed within 90 days of the date that a letter is sent notifying the applicant that the application is incomplete; (b.1 may be based upon repeated-submittals that do not comply with the requirements of the Ocoee Land Development Code; and cc.) may not be based upon safety concerns related to radio frequency radiation as stated in the Telecommunications Act of 1996. 23 E3CAPDFILE\LNDDEVCD\1997LDC\FNLCTORD.WPD May 1,1997(1.53pm) L. Reports. Each free-standing ground-mounted structure shall annually submit a report to the Building Department at the time of Occupational License renewal verifying the structural integrity and appearance of the facility. The annual report shall include an 8" X 10" color photograph of two opposing views of the facility and a list all appurtenances (antennas and equipment shelters) and providers served by the facility. A copy of the renewed Federal Communications Commission license (as applicable) shall also be included in the report. The report should identify any anticipated maintenance needs or modifications to the facility that shall be necessary as a result of weathering. The report shall state whether and which hazardous chemicals are used within the facility and any other appropriate documentation requested by the City. The City may periodically request an annual report at other times during the year to verify the appearance and safety of the facility or determine whether modifications have been made without City approval. M. Abandonment. Thirty days before discontinuing the use of a telecommunications service facility,the owner/operator shall provide notice of abandonment to the City of Ocoee. In the event that the use of any telecommunications service facility is found to have been discontinued for a period of 180 consecutive days, the facility shall be deemed to have been abandoned. Upon such abandonment, the owner of the parcel of land shall have an additional 60 days within which to: (i) reactivate the use of the facility or transfer the facility to another Applicant who makes actual use of the facility; or(ii) dismantle and remove the facility. The Owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the telecommunications service facility is not removed within 60 days of abandonment, the City may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of 61 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any approval for the facility shall automatically expire. N. Non-Conforming Facilities. Pre-existing facilities shall be allowed to continue their usage as they presenttg-existed on May 20, 1997; provided however, anything other than routine maintenance, including, without limitation, structural modifications, provisions for additional antennas, or additional providers and/or new construction on an existing facility, shall comply with the requirements of this Section 5-19. Routine maintenance shall be permitted and encouraged (to avoid structural failure) on any pre-existing facility. Any legal nonconforming facility is subject to Section 5 - 10 of the City of Ocoee Code of Ordinances. Pre-existing facilities that are damaged or destroyed may be rebuilt only in compliance with these regulations. O. Administrative Appeals. Any questions regarding the implementation of this Section 5-19 shall be resolved by the Director of Planning. Decisions of the Director of Planning may be appealed to the City Manager and then to the City Commission. E\CAPDFILE\LNDDEVCD\1997LDC\FNLCTORD.WPD 24 May 1,1997(153pm) SECTION THREE: Section 4-8, "Special Exceptions,"of Article IV, "Procedures," of Chapter 180, the"City of Ocoee Land Development Code,"is hereby amended to read as set forth on Exhibit "B" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION FOUR: Section 5-5, "Height," of Article V, "Land Use and Density Regulations (Zoning),"of Chapter 180, the"City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit"C" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION FIVE: Section 5-6, "Location and Construction of Principal and Accessory Structures," of Article V, "Land Use and Density Regulations (Zoning)," of Chapter 180, the "City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit "D" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION SIX: Section 5-7, "Public Buildings and Services," of Article V, "Land Use and Density Regulations (Zoning)," of Chapter 180, the "City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit "E" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION SEVEN: Section 5-8, "Use Regulations," of Article V, "Land Use and Density Regulations (Zoning)," of Chapter 180, the "City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit "F" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION EIGHT: Section 5-10, "Nonconforming Lots, Uses of Land, Structures, Premises, and Characteristics of Uses," of Article V, "Land Use and Density Regulations (Zoning)," of Chapter 180, the"City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit "G" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION NINE: Section 5-13, "Uses Accessory to Residential Uses," of Article V, "Land Use and Density Regulations (Zoning)," of Chapter 180, the "City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit"H" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION TEN: Section 5-14, "Dimensional and Density Regulations," of Article V, "Land Use and Density Regulations (Zoning)," of Chapter 180, the "City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit"I" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION CLOVEN. 3eL,tiei, 5-1C, "Abai iduned Property," of Art1L.lc V, "Land Una and De,lsIty Regulations (Zunillg)," of Cl.arlai 100, tlia "City .,f Oyu« Lai I to ..,ad u.,i faith uii CxldLit "J" atta.I,..J I'....t., um iJ Ly n uurat.,J I N.,Din (wit!, aJJit a is Lind.,.I;.ied and eIL.+etio,is at'iek.,11). SECTION ELEVEN: Table 5-1, "Use Regulations," of Article V, "Land Use and Density Regulations (Zoning)," of Chapter 180, the "City of Ocoee Land Development Code," is hereby amended to read as set forth on Exhibit "J" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). 25 EICAPDFILE\LNDDEVCD\1997LDC\FNLCTORO wPD May 1, 1997(1 53pm) SECTION TWELVE: Conflicts. Any and all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION THIRTEEN: Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION FOURTEEN: Effective Date. This Ordinance shall become effective immediately upon passage. PASSED AND ADOPTED THIS DAY OF 1997. FIRSTREADING: SECOND READING: MAYOR of the City of Ocoee, Florida ATTEST: CITY CLERK Approved as to form and legality for use and reliance by the City of Ocoee, Florida CITY ATTORNEY 26 E\CAPOFILE\LNDDEVCO\19WLDC\FNLCTORDWPD May 1, 1997(1.53pm) 111 l 7./ MCCQRMTCi RD r r O P j tO • ' / akINIIN _ - .VOKA 7/ ' Eaf 4 •“...�1111111101111111 N Y PRA RIE ' AIN f \ 8. —_a\111111111111111111=1111MItrIMlr9999999■iMt91/—WIi1 ►W • �M■1�.:11��1+./1i9�■■r9■ 199� I ' �II_�IIIIII Ia�i�r!■9/■rrr��I� II I w 9999999�ir\It1�im+ I�Trll•1a 19_____ I t ,,M"IM.N1> • Era& MIL - 7'''.' . i MCIIIMIWir .M.WO. i iMliOl 9111a■•9tM ■t■li■19YB'sl■9v7.lu riil:99\rM�w itil.Il.. 11 �nl #Re. =--. - tip 99t►' .•...► '.�1►� 99fg :� 's Me:o•- i Pl:Jtlsl:fima1l MIA .'� �!� 7LJ 'r � N ��I - �W:i0''i' La1199IMi►.. 1 11/t9i1 IMMII--- ......4 1Illit a ..a, cal! --„ i.s.,.,.,,.�.,. a ,.. ....... ���1-��99999ri�\i�7...�99IrZ.fil9i■9■f1��■9KJ� -s ..♦ ♦.:.♦ ,:,.,.�.,.�.�.,., E_i__>=99M91:Jwa_?In►//�`�--+���•a.L�a 9�9i�s�99t+719t!'1F'�1�U . Z�I 'll:.:::::::::$::::::::**. .— MI Eiralkl—mi ago . • ,...:::•:::.:::::: 4, !our, ____.1.1m_. m„, _♦......... ''''':'O. � ..Gw.O'i" - NiAt, L, .•• rl'' . i'3vd�fit. } � ►. �� .9 111N:1191991111=IM99I Ir. TN if ClIf tls t—f T• l 0 /. V: V. 1 mile 1 r �I f Exhibit"A" ( 4 }o CITY OF OCOEE 1e MAP 5-19:Telecommunications Service Facilities Location Map 1 4 �r' I, Area One-Camouflaged.Building-Mounted.Accessory. LJ and Innovative t'actiihes sutliect to demonstrated r-� compliance with Section 5-19(E)of the Ocoee LOC. I Area Two-In addition to the facilities permitted in Area WA One. Guyed an Monopole Faahties subject to demonstrated compliance with Section 5-19(F)of the p Ocoee LDC. 11 11 N. • ' Area Three-In addition to the facilities permitted in Areas I 7 X One t and Two.Lattice Facilities 9( 1 of subect to demonstrated � compliance with Season 5-19 IGl of the Ocoee LDC. Exhibit"B" of Ordinance 97-12 Revised Section 4-8 ARTICLE IV rights shall only be issued where the Commission finds after review by the Planning and Zoning Commission, after notice and hearing as required by the Land Development Code, that issuance and transfer of the development rights is consistent with the Comprehensive Plan and otherwise meets the criteria outlined above. E. Exercise of Rights Granted by Transfer Permit (1) Application for building permits. Upon application for a building permit where the applicant seeks to utilize transferred development rights, the applicant shall also submit a copy of the ordinance which serves as the transfer permit, evidence of compliance with the conditions of the permit's issuance. Upon such submission, the applicant shall be authorized to utilize the development rights transferred in addition to rights allowed under existing zoning on the receiving parcel, subject to the requirements of the Comprehensive Plan, the underlying zoning, and all applicable provisions of the Land Development Code. (2) Extinguishment of Rights. Utilization of particular development rights transferred shall extinguish such rights. The Building Department shall notify the Director of Planning of the issuance of any building permit which utilizes transferred development rights and the total number of development rights now extinguished. § 4-8 SPECIAL EXCEPTIONS A request for a special exception pursuant to the specific provisions of this Code may be initiated at any time by the City Commission, by the Planning and Zoning Commission, or by the land owner including his duly authorized agent, of the land for which the special exception is requested. Where there are multiple property owners, owners of fifty-one(51) percent of the parcels or fifty-one(51) percent of the interest in the total parcel must be represented as formal applicants. An application shall be made on standard forms provided therefore, and shall be submitted with the appropriate fee to the Planning Department. The application shall be signed by the applicant or his agent, such signature being verified under oath. Section 5-19 of the Ocoee Land Development Code contains additional Special Exception provisions applicable to telecommunications service facilities. A. Review of Application (1) After the application is determined to be complete, it shall be forwarded to the Development Review Committee for review. The Director of Planning (or the Development Review Committee) shall make a report containing a recommended determination of facts which are relevant to consideration of the proposal and a recommended determination of the consistency of the proposal with the adopted Comprehensive Plan. (2) The proposal shall be considered by the Planning and Zoning Commission at a public hearing after due public notice, along with the report of the Director of Planning. Following completion of the public hearing, the Planning and Zoning Commission or Development Review Committee shall make a report of its findings and recommendations to the City Commission. Both the Planning and Zoning Commission and City Commission public hearings must be advertised in a newspaper at least seven (7) days before each hearing. All property owners within 300 feet of the subject property must also be notified by mad at least seven (7) days prior to the hearing date. This notice may include information on both Planning and Zoning Commission and City Commission hearings if the item goes before both Commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent Adopted July 21, 1992 18092 ercAPDFILELNDDEVcD\rswLDc\REVART4ART4 JICT.wpD Exhibit"C" of Ordinance 97-12 Revised Section 5-5 ARTICLE V inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five(25)feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40)feet. I. An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25)feet to the street right-of-way. § 5-5 HEIGHT The following requirements are intended to, or qualify and supplement, as the case may be, the specific district regulations set forth in this Article: A. Chimneys, elevators, flues, spires, tanks, towers and other projections not used for human occupancy may not extend more than 10% above permitted height limits in each zoning district without receiving a variance. Refer to Section 5-19 of the Ocoee Land Development Code for height limitations applicable to telecommunications service facilities. B. The Board of Adjustment may recommend and the City Commission may permit buildings in certain zoning districts to exceed the height limitation of the district if the minimum depth of front and rear yards and the minimum width of the side yards required in the district are increased one foot for each two (2) feet by which the height of such structure exceeds the prescribed height limit, and the increased height will otherwise have no adverse effect on adjacent development and is in keeping with the overall character of the area. Adopted July 21, 1992 18108 E:ICAPDFlLELLNDDEVCD11997LDCART55CT.wPD Exhibit"D" of Ordinance 97-12 Revised Section 5-6 ARTICLE V § 5-6 LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY STRUCTURES A. Construction and Use of Accessory Structures. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. In cases where a telecommunications service facility has been allowed as an accessory structure in accordance with Section 5-19 the accessory use shall be governed by the requirements of Section 5-19_( D(33. B. Location of Accessory Uses and Structures. In residential districts, accessory uses and structures shall not be located in front or side yards but may be located in rear yards; provided, however, that accessory structures for the housing of persons, such as guest houses and garage apartments, shall not be located in any required yard. On double frontage, through or corner lots in residential districts, accessory uses and structures shall not be located in either of the required front yards but may be located in one but not both side yards. No separate accessory building shall be located within five (5)feet of any other building. In residential districts, utility or accessory buildings will be no closer than seven and one-half(7%)feet to the rear lot line and seven and one-half(7 %)feet to the side lot line. C. Number of Principal Buildings Permitted Per Lot. No lot shall be occupied by more than one principal building, providing, however, that in any district more than one structure housing a permitted or permissible principal use may be erected on a single lot provided that yard, area, street frontage and other requirements of this Code shall be met for each structure as though it were on an individual lot. No part of a yard, court or other open space provided about any building or structure for the purpose of complying with the provisions of this Code shall be included as a part of a yard or other open space required under this Code for another building or structure. For provisions related to telecommunications service facilities refer to Section 5-19$Bf5i. Adopted July 21, 1992 18109 NCAPDFILEUNDDEycgn99ngcwRr5.5CT WPD Exhibit"E" of Ordinance 97-12 Revised Section 5-7 ARTICLE V § 5-7 PUBLIC BUILDINGS AND SERVICES A. Public Services. Essential services, herein defined as services authorized and regulated by state or national public utility commissions or services owned or franchised by the City of Ocoee, may be located within any zoning district after notice and public hearing by the Planning and Zoning Commission and approval by the City Commission. This provision includes both structures and uses and includes gas, water, electricity, sewerage and telephone facilities. For the purposes of this Section 5-7 public safety telecommunications service facilities shall be governed by Section 5-19 of the Land Development Code. B. Public Building. After public notice and hearing by the Planning and Zoning Commission, the City Commission may authorize the location in any zoning district of any public buildings erected by, or any use of, municipal, county, state or federal government. Both the Planning and Zoning Commission and City Commission public hearings must be advertised in a newspaper at least seven (7) days before each hearing. All property owners within 300 feet of the subject property must also be notified by mail at least seven (7) days prior to the hearing date. This notice may include information on both Planning and Zoning Commission and City Commission hearings if the item goes before both Commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent for the Planning and Zoning Commission meeting, a second notice to property owners must be mailed seven(7)days before the City Commission hearing detailing the meeting time, place, and other particulars. C. Easements. Transportation, pipelines and utility easements and rights-of-way shall be permitted in any zoning district. Adopted July 21, 1992 18110 E:\CAPDFILE\LNDDEVCD\1997LDCWRT55GT WPD Exhibit"F"of Ordinance 97-12 Revised Section 5-8 ARTICLE V § 5-8 USE REGULATIONS A. Table 5-1 lists the principal uses which will be permitted on a parcel or lot in the zoning districts established in this Article. For use regulations applicable to the Planned Unit Development Districts, see Article IV. B. Prohibited Uses Without limiting the generality of the foregoing provision, the following uses are specifically prohibited in all districts: (1) Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City's fire prevention code. (2) Stockyards, slaughterhouses, rendering plants. (3) Use of a travel trailer as a temporary or permanent residence. (4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted without special permission of the City Commission. (5) Bars or cocktail lounges offering alcoholic beverages for consumption on the premises that are not incidental to or within a portion of a building used for a bonafide restaurant seating not less than 45 patrons. (6) Adult Entertainment Establishments except as permitted by these regulations. 171 Telecommunications service facilities except as permitted by Section 5-19. C. Uses Not Listed; Prohibited Uses All uses not permitted herein are deemed to be prohibited. D. Temporary Uses The following uses and/or structures shall be permitted for a period not exceeding ninety(90) days upon issuance by the Building Official of a permit therefore: (1)sale of Christmas trees, (2)fireworks, (3)special craft sales(sale items must be made by sellers,and(4)construction trailers' and(5)temporary telecommunications service facilities provided in association with a special event or in response to a natural disaster. A second permit not exceeding ninety (90) days may be issued to allow the completion of the activity and removal of structures. Any subsequent continuation of the temporary use structure shall only be permitted pursuant to a special exception issued by the City Commission. E. Exceptions for Shopping Center Uses (1) A shopping center consisting of twelve (12) or more shops with common parking facilities may have outside display and sale of goods normally available at these shops, on three separate occasions per calendar year for a period of fourteen (14) days if the following criteria is met: (a) A letter from the owner of the shopping center that states: 1. Dates of Sale 2. Where on the property the sale will take place. (A drawing is preferred). 3. The name, address, and phone number of a local contact in charge of the event. (b) Permit applications for tents, temporary fences, and temporary electrical. Adopted July 21, 1992 18111 E.CAPDFILELLNDDEVCD\\997LDGWRT5 5CT.WPD Exhibit"G"of Ordinance 97-12 Revised Section 5-10 ARTICLE V advertisement is published. The second public hearing before the City Commission must be held on a weekday, approximately five (5) days after the day the second advertisement is published. Before this second City Commission meeting, another notice to property owners within three hundred feet(300') must be mailed. (a) If the proposed Comprehensive Plan Amendment changes the permitted uses of land or changes land use categories, the required advertisements shall be no less than one quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement must be published in a newspaper of general paid circulation in the county and of general interest and readership in the community, not one of limited subject matter, pursuant to Chapter 50, Florida Statutes. The advertisement must appear in a newspaper that is published at least five (5) days a week, unless the only newspaper in the community is published less than five (5) days a week. The advertisement must be in substantially the following form: NOTICE OF CHANGE OF LAND USE The (Name of Local Government) proposes to change the use of land within the area shown in the map in this advertisement. A public hearing on the proposal will be held on (date and time) at (meeting place). The advertisement must also contain a geographic location map which clearly indicates the area covered by the proposal. The map must include major street names as a means of identification of the area. (b) Notice of such hearings (both Planning and Zoning Commission and City Commission)shall be posted conspicuously on the property and at City Hall at least twelve (12) days in advance of the Planning and Zoning Commission public hearing and must remain in place through the second reading and public hearing before the City Commission. The Planning Department issues the signs for posting on the property and the landowner is responsible for installing (and later removing) them. § 5-10 NONCONFORMING LOTS, USES OF LAND, STRUCTURES, PREMISES, AND CHARACTERISTICS OF USES A. Intent Within the zoning districts established by this Code or amendments hereof, there exist lots, structures, uses of land and structures which were lawful before this Code was passed or amended, but which would be prohibited under the terms of this Code or amendment hereof These lots, structures, uses of land and structures shall be considered nonconforming, including telecommunications service facilities. It is the intent of this Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Code that nonconformities shall not be expanded or extended, nor shall existing nonconformities be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land shall not be extended or enlarged after passage of this Code. Nonconforming telecommunications service facilities shall be maintained and may be modified only as eutlined permitted in Section 5-19 of the Ocoee Land Development Code. Adopted July 21, 1992 18114 EACAPoraE\NDDEVCD 1997LOCART5-5CT WPD Exhibit"G" of Ordinance 97-12 Revised Section 5-10 ARTICLE V To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Code, or amendment hereto, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to be placing of construction materials in permanent position, fastened in a permanent manner; except that where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. B. Nonconforming Lots of Record. In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which contains an area or width less than that required for the erection of a single-family residence in the district which is in separate ownership at the time of passage or amendment of these regulations, provided that yard dimensions and requirements not involving width or area of lot shall conform to the regulations for the district in which such lot is located. A single vacant lot, nonconforming as to area or width and of record at the time of passage or amendment of this Code, shall be construed as falling within the meaning of the provisions of the preceding paragraph even though an adjoining lot containing a principal building may be in the same ownership. If two(2)or more adjoining vacant lots, or combinations of vacant lots and portions of vacant lots, with continuous frontage and of record at the time of passage or amendment of this Code are in single ownership, and such lots individually are too small to meet the width or area requirements of the district in which they are located, such groups of lots shall be considered as a single plot or several plots of at least minimum size, and the plot or plots in one ownership shall be subject to the requirements of this ordinance as to lot area and width. C. Nonconforming Uses of Land. Where a lawful use of land exists at the time of passage or amendment of this Code, which is made no longer permissible under the terms of this Code as enacted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions: (1) No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied at the time of adoption or amendment of this Code. (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the time of adoption or amendment of this Code. (3) If any such nonconforming uses of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located. Adopted July 21, 1992 18115 E‘CAPDFILELNDDEVco\1997LDCARTSSECTwPD Exhibit"G"of Ordinance 97-12 Revised Section 5-10 ARTICLE V D. Nonconforming Structures. Where a lawful structure exists at the time of passage of this Code which could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions: (1) No such structure may be enlarged or altered in a way which increases its nonconformity except with respect to telecommunications service facilities es (2) Should such structure be destroyed by act of nature or man to an extent of more than fifty(50)percent of its value as revealed by an insurance appraisal, it shall not be reconstructed except in conformity with the provisions of this Code. (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. E. Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the time of passage or amendment of this Code, which use would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located. (2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use or activity shall be extended to occupy any land outside such building. (3) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed. (4) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for four(4) consecutive months or for eighteen (18) months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. (5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. F. Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on repairs or on repair or replacement of nonbearing walls,fixtures,wiring or plumbing, to an extent not exceeding twenty(20) percent of the latest assessed valuation of the building, provided that the cubical content of the building as it exists at the time of passage or amendment of this Code shall not be increased. Adopted July 21, 1992 18116 E>cAPDFLLEINODEvcDU99npcwars-5cT.wpD Exhibit"H"of Ordinance 97-12 Revised Section 5-13 ARTICLE V (3) Shall be located a minimum distance of thirty(30) feet from the street right-of-way line and not closer than ten (10)feet to any lot line; (4) Shall be located so as to provide for adequate off-street parking spaces and safe ingress and egress to the property; and (5) Except for building-mounted signs, the stand may have only one sign visible from each direction, which sign may not exceed 30(thirty) inches in height. § 5-13 USES ACCESSORY TO RESIDENTIAL USES Where the principal use is allowed, the following accessory uses shall be allowed, subject to the limitations set forth below: A. Accessory structures, including: (1) Antenna structures for 1,.,;dcntial television and radio reception placed on residential structures(height shall not exceed 10%of allowable height). (2) Childrens' playhouses, not to exceed one hundred square feet of gross floor area, and juvenile play equipment. (3) Tennis, basketball or volleyball courts and other similar private recreation facilities. (4) Private garages and carports. (5) Gazebos and similar structures. (6) Private swimming pools and spas. (7) Doghouses, pens and other similar structures for the keeping of household pets. (8) Home occupations, subject to the limitations in Article II of this Code. (9) Boat docks and docked or moored boats. (10) A stable with a capacity for not more than two (2) horses or mules in permitted agricultural and residential districts. B. Accessory Apartment, including guest cottages and garage apartments with living units having less than six hundred(600)square feet of floor area for non-commercial occupancy only. A separate guest house, guest cottage, or apartment must meet Building Code requirements, except no kitchen facilities are required. Adopted July 21, 1992 18118 ErCAPDFlLE\NDDEVcpve97rpcwRTS-5cT.wao Exhibit"I"of Ordinance 97-12 Revised Section 5-14 ARTICLE V § 5-14 DIMENSIONAL AND DENSITY REGULATIONS A. Table 5-2 sets forth the minimum lot sizes; minimum front, side, and rear setbacks; minimum lot dimensions; maximum lot coverage;and maximum height for structures erected in the zoning districts established in this Article. For dimensional limitations applicable to Special Application Districts, see Article IV. For dimensional limitations applicable to telecommunications service facilities, refer to Section 5-19 of the Land Development Code. § 5-15 SPECIFIC USE/DEVELOPMENT STANDARDS The following regulations supplement the general regulations above as applied to specific uses and activities. A. Residential Units (1) No recreational vehicle, boat, bus, shed or other similar thing shall be used as a permanent residence. (2) No mobile home, recreational vehicle, bus, or other similar vehicle shall be used as an office, storage facility, shed, workshop, or shelter for livestock or pets. B. Community Residential Homes (1) Purpose. This section is intended to provide reasonable standards and procedures for the development of"community residential homes" (also referred to as "group homes", "halfway houses', etc.) consistent with the requirements of Chapter 419, Florida Statutes. (2) Procedure for approval of minor community residential homes. Prior to the issuance of a certificate of occupancy, the operator of a minor community residential home or the owner of the property shall provide the Building and Zoning Director with a statement certifying that the use is in compliance with the restrictions set out in Section 419.001(2), Florida Statutes, and in particular with the prohibition on the location of such a use within 1000 feet of an existing minor community residential home. Failure to maintain licensure by the Department of Health and Rehabilitative Services, failure to limit occupancy to six (6) qualifying residents, and/or failure to meet the standards of Section 419.001, Florida Statutes, or any standard of the County applicable to single family dwellings shall result in the revocation of the certificate of occupancy and require the abandonment of the use. (3) Procedure for approval of community residential homes. An application for a conditional use permit shall be accompanied by the information identified in Section 419.001(3)(a), Florida Statutes, and including all information identified as being the responsibility of the District Administrator of the Department of Health and Rehabilitative Services. The Building and Zoning Official shall review the materials submitted and determine that the submission complies with the requirements of Sec. 419.001 and with the requirements for multi-family development as set out in this Article. In considering its action on the request, the Planning and Zoning Commission and the City Commission shall, in addition to the requirements and standards for multi-family dwellings as set out in this Code and in the Comprehensive Plan, consider the standards and provisions of Sections 419.001(3)(b) and (c) and 419.001(4), Florida Statutes. (4) After approval of a community residential home, failure to maintain licensure by the Department of Health and Rehabilitative Services, failure to limit occupancy to fourteen (14) qualifying residents, and/or failure to meet the standards of Section 419.001, Florida Statutes, or any standard of the City applicable to multi-family Adopted July 21, 1992 18119 E.\cAPDFILE\LNDDEVCD11997LDCWRT&5cTWPD ARTICLE V dwellings shall result in the revocation of the certificate of occupancy and require the abandonment of the use. § 5-16 ABANDONED PROPERTY A. In any area zoned residential or commercial, no grass, weeds, underbrush, or undergrowth shall be permitted to grow higher than twelve(12) inches above existing grade level on any lot or parcel within five hundred (500) feet of any improved residential lot. This restriction shall not apply to trees, shrubs, or hedges. B. In addition to the enforcement remedies available under this Code, the Building and Zoning Director may,after giving notice of violation, have the lot or parcel mowed or cleared,the cost of which shall be assessed to the property owner, and shall become a lien on the property until paid. E. Fcv e9eo,dB,1 d taleceuninT ' '• • n "n-�-0-of-t z-aii Daaelui e„t C tk. § 5-17 HOME OCCUPATION A. 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 thereof; B. 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 (2)feet distance from the main entrance to the residence; C. No home occupation shall occupy more than thirty (30%) percent of the living area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. Rooms which have been constructed as an addition to the residence, or any attached porch or garage which has been converted into living quarters, shall be considered as living area. D. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; F. The following shall not be considered home occupations: Beauty shops, barbershops, swimming instructor, art studio for group instruction, public dining facility or tea room, antique or gift shops, photographic studio, fortune-telling, outdoor repair, food processing, sale of antiques, retail sales, nursery school or kindergarten. The giving of group instruction shall not be deemed a home occupation, however the giving of individual instruction to one person, such as an art or piano teacher, shall be deemed a home occupation, provided, however, that these provisions shall apply to prohibiting individual instruction as a home occupation for those activities listed in above; G. Fabrication of articles such as are 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 Adopted July 21, 1992 18120 E\CAPDFILELLNDDEVCo\1997LECWRTS-SCT.WPo Table of Permitted Uses (Table 5-1) "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 ::}s isii: i:iii,:,.. i:i:ii::.is i.;iiiiii}i:::i,:i. ?i:::::i .:. : ::i7 .... .. v.i?i:.i:.i .i::.i::.ii::.i.:i'.i?i:.i?ii::.::.i. :.i::.i::.iii:ii;}i::.i::.iii:.::.::.i:.i:.i:.::"::':.:'i:.:::.:i.:i.:i. .:.::::is ii::is i::i:i::i.:::ii:i.::v:is iii.iiiii}iiii : :.: :::.i :'.: :.iii:ii::+i iiiii::iiii: iiiiiiili::'::::.;y.:''MY�":{,`♦�'.i::::: .:............... ................... .....:'. :..; .i;:..:..;.::..;...:.. :. ..:.; :::;;i:;:::.::. ::: .:' .:..:;:;: i :i::iL i::: ? : ? : . . . . ..:.:.::.ii iyi}ii Agriculture P P P P P P P P P P P - - - - - Agricultural Processing - - - - - - - - - - - - - - - - - Adult Congregate Living Facility P P P P P P P P P P - - - - - - - (ACLF) Community Residential Home, P P P P P P P P P P - - - - - - - Major Community Residential Home, P P P P P P P P P P - - - - - - - Minor Dwelling, Single Family P P P P P P P P P P - - S - - - - Dwelling, Two Family P - - - - - - - P P - - - - - - - Dwelling, Multi-family - - - - - - - - - P - - - - - - - Dwelling, Mobile Home P - - - - - - - - P - - - - - - Mixed Use Development (Mixed - - - - - - - - - - - S S S S S - use development will be allowed by PUD and special use districts adhering to the requirements 'i specified in Article IV) April 22, 1997 8:16 a.m. Page 1 Exhibit"J"to Ordinance 97-12 E:\CAPDFILE\LNDDEVCD\1997LDC\RVTBL5-1.WPD 1 Table of Permitted Uses (Table 5-1) spot = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "Sot = Special Exception in that Zoning District(requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 Mobile Home Development - - - - - - - - - - P - - - - - - Nursing Home - S S - - - - - - S - - - P P P - ...................:.. .......... � x:::.v::::::i::?4::-i%�: Xi?:-is?i?ii:}i }iiii•:.................... .. y ....................:.:}ii::-ii:ii:is L' .....:..:..:..:..:.::::.. ewn ........................ ....t. ....�...............................................sjs::::::::.:w:::.;..........::.:�:.: ::.::..�::. ......:::....::....:.:.::::..:....:::.: ...::..:.:::}}:...}:.i'+v'v::.}::.}::.;::.:::.::.:;.:.{:+.:?:••::•:::•:::•:.4\•::.•::!?v0::??vv;}}}:x{^:??:?vi?}::?i{v+.?:.i:inp:`EF .:. .... :.:.; Adult Entertainment - - - - - - - - - - - - - - S - - Establishments Appliance Store - - - - - - - - - - - - - P P P - Automotive Body Repair - - - - - - - - - - - - - - - - P Automobile Parking Lot - - - - - - - - - - - - - P P P P Automobile Repair - - - - - - - - - - - - - S P P P Automobile Sales (New and - - - - - - - - - - - - - S P P - Used) Automobile Service Station - - - - - - - - - - - - - S P P P Automotive Wrecking or - - - - - - - - - - - - - - - - P Salvage Yards Bar (in association with a - - - - - - - - - - - - - P P P P restaurant with seats for 45 people) Boat Sales and Service - - - - - - - - - - - - - - P P - Bus Terminal - - - - - - - - - - - - - - P P - Car Wash - - - - - - - - - - - - - - P P - April 22. 1997 8:16 a.m. Page 2 Exhibit"J" to Ordinance 97-12 E:\CAPDFILE\LNDDEVCD\1997LDC\RVTBL5-1.WPD Table of Permitted Uses (Table 5-1) = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other = Special Exception in that Zoning District(requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 Clinic, Dental or Medical - - - - - - - - - - - P P P P P P Commercial, Convenience - - - - - - - - - - - - P P P P P Commercial, Convenience with - - - - - - - - - - - - - S P P P Gas Sales Commercial, Retail - - - - - - - - - - - - - P P P S Department Store - - - - - - - - - - - - - P P P - Drive In Restaurant(Boundaries - - - - - - - - - - -- - - P P P - of tract of land are no less than 200 feet from any residence) Equipment Sales - - - - - - - - - - - - S P P P P Funeral Parlor - - - - - - - - - - - - - P P P - Furniture Repair and Upholstery - - - - - - - - - - - - - P P P - Furniture Store - - - - - - - - - - - - - P P P - Gallery/ Museum - - - - - - - - - - - - - P P P - Gas Station - - - - - - - - - - - - - S P P - Grocery Store/Supermarket - - - - - - - - - - - - - P P P - Heating and Air Conditioning - - - - - - - - - - - - - - P P - 1 Sales and Service with outside storage Heating, Ventilating, Plumbing - - - - - - - - - - - - - P P P - Supplies, Sales, & Service April 22, 1997 8:16 a.m. Page 3 Exhibit"J" to Ordinance 97-12 E:\CAPDFILE\LNDDEVCD\1997LDC\RVTBL5-1.WPD Table of Permitted Uses (Table 5-1) "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other = Special Exception in that Zoning District(requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 Hospital - S S - - - - - - - - - - P P P - Hotel or Motel - - - - - - - - - - - - - S P P - - Interior Decorating Store - - - - - - - - - - - - - P P P Live Entertainment - - - - - - - - - - - - - - S - - Establishment Liquor Store, No on-premise - - - - - - - - - - - - - P P P - consumption Miniature Golf Course/ Driving - - - - - - - - - - - - - P P P - Range Mobile Home and Travel Trailer - - - - - - - - - - - - - - P P - Sales Monument Sales - - - - - - - - - - - - - - P P - Movie Theater - - - - - - - - - - - - - P P P - Music, Radio. TV Shop - - - - - - - - - - - - - P P P - Nursery/ Garden Supply Store - - - - - - - - - - - - - P P P - Pawn Shop - - - - - - - - - - - - - P P P - Pre-Fabricated House Sales - - - - - - - - - - - - - - P P - Printing, Book Binding, - - - - - - - - - - - - - - P P - Lithograph. and Publishing Plants Professional Offices - - - - - - - - - - - P P P P P P April 22, 1997 8:16 a.m. Page 4 Exhibit"J"to Ordinance 97-12 E:\CAPDFILE\LNDDEVCD\1997LDC\RVTBL5-1.WPD Table of Permitted Uses (Table 5-1) "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 Radio Broadcasting and TV - - - - - - - - - - - - - - P P - Stations, Studios, & Offices Recreational Vehicle Park - - - - - - - - - - - - - - S S S Restaurant - - - - - - - - - - - - P P P P P Sign Painting Shop - - - - - - - - - - - - - - P P - Storage Warehouse - - - - - - - - - - - - - - P P - Veterinary Hospitals and - - - - - - - - - - - - - - P P - Kennels when confined within structure . :.. ::: ::i:::i::.::.i ;: ii':;:i:i .iii: .iii:i:i:i:,...i:i:i::.:�::?;ii.; :. iy tiYi..•;';' ..i'.;:::ry'i::.;':;::i'::iry':i:::i:;:::i:i.i:i::::::i':;:i.;':::.;':::;.;'..:.;':;;::isi';.'.�:;::;;:i;.:::::...:. ' Industrial Park - - - - - - - - - - - - - - - P P Industry, Light - - - - - - - - - - - - - - - P P Industry, Heavy - - - - - - - - - - - - - - - P Truck Stop - - - - - - - - - - - - - - - - P Warehousing/ Distribution - - - - - - - - - - - - - - - P P • '::. ,,: ' C'c� i:::::.:::.:> : N:.:..;.... .'..'.:.:;:.>:.>::..:.:.:.:.::.:.::.>'.>::.:.::.:.:.:...;::.::::M:::::::::::..n:gg.:.: :::.::.:: ...:::::::::: _.. .1;:::.: .... ::::: Child Care Facilities - - - - - - - - S S - - S S S S - Church P P P P S S S S S S S - S S S - - Club or Community Use - - - - - - - - - S - S S S S - - Conservation Use P P P P P P P P P P P P P P P P P April 22, 1997 8:16 a.m. Page 5 Exhibit"J"to Ordinance 97-12 E:\CAPDFILE\LNDDEVCD\1997LDC\RVTBL5-1.WPD Table of Permitted Uses (Table 5-1) "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 Golf Course/Country Club P P P P P P P P P P - - -- P P P P Public Service or Utility S S S S S S S S S S S S S S S S S Public Service, Essential P P P P P P P P P P P P P P P P P Recreation Facility, Commercial - - - - - - -- - - - - - - P P P P Recreation Facility, P P P P S S S S S S S S S S S S S Neighborhood School P P P P S S S S S S S S S S S - - Telecommunications Service Facilities (Refer to Article V, Section 5-19 and Map 5-19) April 22, 1997 8:16 a.m. Page 6 Exhibit"J" to Ordinance 97-12 E:\CAPDFILE\LNDDEVCD\1997LDC\RVTBL5-1.WPD