HomeMy WebLinkAboutIII (C) Approval and Authorization for Mayor and City Clerk to execute Notice of Termination of Non-Exclusive Temporary Easement Agreements Relating to the Construction of Clarke Road Agenda 5-20-97
FOLEY & LARDNER Item
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SAN DIEGO
JACKSONVILLE ORLANDO,FLORIDA 32802-2193 SAN FRANCISCO
LOS ANGELES 111 NORTH ORANGE AVENUE, SUITE 1000 TALLAHASSEE
MADISON ORLANDO, FLORIDA 32801.2386 TAMPA
MILWAUKEE TELEPHONE(407)023-7656 WASHINGTON D.C.
SACRAMENTO FACSIMILE(007)608.1743 WEST PALM BEACH
WRITER'S DIRECT LINE
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Scott M. Clements, Esq., Assistant City Attorney SWiL
THROUGH: Paul E. Rosenthal, Esq., City Attorney Pl.
DATE: May 13, 1997
RE: Temporary Easements Relating to Clarke Road
In connection with the City's consiniction of Clarke Road, the City was granted
various temporary construction easements. The terms of each Temporary Easement Agreement
provided for the termination of the easement upon the earlier of the completion of the
construction of Clarke Road or upon the expiration of the time period set forth therein (either
2 or 3 years). Since the construction of Clarke Road has been completed, these easements are
no longer in effect.
A property owner whose property is encumbered by one of the above referenced
easements has requested that the City record a Notice of Termination of Easement in the Public
Records of Orange County, Florida to clear title to their property. Attached is the Notice of
Termination of Non-Exclusive Temporary Easement Agreements which has been prepared in
connection with this matter. This document provides record notice of the termination of each
of the relevant Temporary Easement Agreements and clears title for all affected property
owners.
RECOMMENDATION:
It is recommended that the City approve the termination of these temporary
easements relating to the construction of Clarke Road and authorize the Mayor and City Clerk
to execute the Notice of Termination of Non-Exclusive Temporary Easement Agreements.
M'I' L.Iss-K5N4v1v1-1:MI NI 5,; 0401),:STIr.O!
The Honorable Mayor and City Commissioners
May 14, 1997
Page 4
FIRST READING OF ORDINANCE:
On May 6, 1997, Staff and the City's telecommunications consultants presented the proposed
telecommunications amendments to the Land Development Code in detail and heard comments
from the City Commission and public. The City Commission appeared to reach consensus that the
proposed ordinance addressed community concerns and several commissioners asked staff
questions about the proposed ordinance.
Several industry representatives attended the City Commission meeting and presented their
concerns about the proposed Ordinance during the public hearing. In response to their concerns,
staff set up a meeting with industry representatives on Monday, May 12, 1997 and invited
approximately twelve industry representatives. Of those invited, four representatives attended the
meeting and discussed their concerns with Staff. Afterwards, any proposed revisions to the
Ordinance were discussed with the City's consultants and Staff has made the appropriate revisions
to the attached Ordinance as denoted in strikeout and underline text.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commission approve Ordinance#97-12,
including Map 5-19, enacting the attached amendments.
AEH/csa
Attachments'. Ordinance 97-12
Resolution 97-04(Fees)
E]CAPDFI LE\STAFFR-1\CCSR-1\SRP97020.W PD
The Honorable Mayor and City Commissioners
May 14, 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.
The Honorable Mayor and City Commissioners
May 14, 1997
Page 3
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.
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 two previous 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.
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 allowing 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.
ORDINANCE NO. 97-12
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO
TELECOMMUNICATIONS SERVICE FACILITIES; AMENDING THE LIST OF
PERMUTED, 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," 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 Colmirth id
Telecommunications 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 Ad;
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;
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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 areis—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.
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•
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) a panel antenna; (2) a whip antenna; (3) a cross-polarized
antenna; (4) a dual-polarized antenna; and (5) a microwave dish.
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.
te6,om1„en;eatien, ;,,deal,y to 'eft, k,tha data,cc flon 1 th., boa.of tl,e facility to Ilia ,1 dJ Nai11t of
al a1 ItC1 II la (Vr"10Jiation
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.
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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 dock
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.
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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 H ic I
la.al (AGL) that La; y-the vertical distance measured from either the base of a building that
a telecommunications service facility is attached toandf or the base of a ground-mounted
telecommunications service facility
hi 01 d ;W to the highest point of the structure or telecommunications service facility whichever is
greater, including any apparatus-. Height is measured in feet above the average pre-development
elevation of the lot or leasehold.
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 may also serve some other useful function beneficial to the public and the residents of
Ocoee. Examples of such public-benefits facilities 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, (4) an architecturally-integrated building:
mounted telecommunications service facility constructed in lieu of a conventional facility and (5)
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.
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MONOPOLE shall mean a self-supporting mounting structure consisting of a single pole or
shaft of wood, steel, or concrete.
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 FACILITY shall mean any
telecommunications service facility for which a permit was properly issued prior to the effective date
of Section 5-19 (May 20 19971.
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, nriN.,,,eL,.LI.,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.
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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).
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;
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(5.) To promote proposals far 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;
(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 mast 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 Tow m and Telecommunications Service Facilities:
Any telecommunications service facility tower,or antenna for which a permit
has been properly issued prior to May 20, 1997 shall be considered a legal
non-conforming use and governed by Section 5-19 (N).
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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."
(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 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."
9
C:ICAPDFILE LNDDEVCD\1997LDc15-14-97.CTO May 14.1997(2:55 p.m.)
(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.) ,uuf ,,,uu„tud apparatus which is viaiLL, above th.. parapet mall,
(b.) roof-mounted monopoles or towers;
(b.) apparatus that is in conflict with the intent of this Section 5-19; and
(c.) 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,.
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. 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 above around level.
(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 bafflers 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 Citys 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.
10
C:ICAPDFILEILNDDEVCD11991LDC15-14-97.GTO May 14.1997(2:55 p.m.)
(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 if applicable 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.
Monopoles and guyed towers may riot be placed on buildings.
(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
C:\CAPDFILEILNOOEVCD\1997LDC\&14-97.CTo May 10, 1997(255 p mJ
•
(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 tat w;ll, tl.,
hit , ..y..,i it),t.. ..f tiety JIaLn.t;
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
or side yard. Such facilities shall also meet the applicable district
setbacks of the underlying zoning district. Thy
hat M10il Le as Ly the unJ..dy;ng d„tdct ,ege;,e,,,e,da. 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 b>tt white or flat ra ,
respectively-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.
1 Z
O\CAPOFILE\LMooEVCD\19WLDC4-14-97.CTO May 10, 1997(2:55 p.m.)
(4.) Innovative. The size, height, location, siting, design, construction,
landscaping, screening, and fencing proposals for telecommunications
service facilities, considered to be innovative, shall be included in the
applicants 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 duolex multifamily
(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
applicants 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 1.4,1 I,a;tontal-co-location and clustering may
be permitted based upon design factors.
13
01CAPDFILELLN00EVC011997LOCtS10-97.CTO May 10, 1997(2:55 P.m.)
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.
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. 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 preferred ngd„cd as the
primary method of attaching antenna sets to monopoles. Monopoles
and any attached apparatus shall have a flat white or flat gray -a-flat
black-finish color, except that the enclosure/ screen may have
another finish color which blends into its environment.
(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(14) mile.
14
C\CAPDFILEILNDDEVCD11997L00\5-14-92CTO May 14. 1997(2:55 p.m.)
(f.) Co-location. A maximum of 24 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. The addition of
antennas onto an existina approved monopole, Up to the maximum
number permitted, shall require only site plan approval in accordance
with Sections 5-19 (I) and (J)
(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(I)(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 preferred 1..yuilLd-as
the primary method of attaching antenna sets to guyed towers.
Guyed towers and any attached apparatus shall have a flat white or
flat 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 24 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. The addition
of antennas onto an existing approved guyed tower, up to the
maximum number permitted shall require site plan approval in
accordance with Sections 5-19 (I) and (J).
15
c:cAPOFILE\LNDDEVCDU9WLDC15-\4-9].CTO May 14, 1997(2:55 p.m)
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. 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 subject to Special Exception approval. 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(1)(3)). Lattice towers shall be set back 10 feet from other on-site
uses.
(d.) Design. Platforms or mounting brackets may be used to attach
antenna sets to lattice towers. Lattice towers and their apparatus
shall have a yal.a,d.....1 3L .J flat white or flat gray finish color.
16
C:\CAPDFILEILNDDEVC011997LDC15-14-97.CTO May 14, 1947(2:55 p.m)
(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 24 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. The addition of antennas onto an existing
aooroved lattice tower. uo to the maximum number permitted. shall
require site clan approval in accordance with Sections 5-19 (I) and
(J).
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
C.\CAPOFILEILNcDEVGG11997LDC45-14-97.CTO May 14, 1997(2:55 p.m)
(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 facility 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. Appearance
shall be evaluated based upon the degree to which the telecommunications
service facility"blends with" or"disturbs" its setting Form shall be evaluated
with respect to the degree to which the shape of the telecommunications
service facility relates to its surroundings, The size of a telecommunications
service facility shall be evaluated based upon the silhouette of the
telecommunications service facility SO as to minimize its visual impact. If any
aspect of a telecommunications service facility's design is deemed not
accentahle by the City,then the City shall specify those Noes of design that
would be acceptable.
(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.
(3.) Cabl..s. Cablca ,.nit w;1 .s ,hall nvt Le bundk,J or g,ouped �„ a�ta I ache,
the mounting a6ucture. This ieguir.,mmnt ahull nut ,.pply to guy wi.ea a lit
I,.t smooth t a tuner.
(8.) Security Barriers. A maintenance-free six(6)foot tall security barrier shall be
required for all telecommunications service facilities. The security barrier
requirement may be waived for camouflaged building-mounted innovative
and accessory telecommunications service facilities. ft-Security barriers shall
surround all facilities and be located on or within five (5) feet of the property
boundary lines of the lot or leasehold, ex,.ekt that act.ahity La,,;e,s lunatic/it
I ',pupa algall au,,uu,,J mil uppu,utud.
(9.) Equipment Shelters. One equipment shelter shall be permitted in conjunction
with each telecommunications service facility user.
(10.) 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.
18
0ICAPDFILEILNOOEVCD21997LOC15-14-97.CTO May 14,1997(2:55 p.m.)
(11.) 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.
(12.) 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.
(13.) 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.
(14.) 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.
(15,) 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.
1 g
C.\CAPOFILELLNDDEVCD11997LDCli14-97.CTO May 14, 1997(2:55 p.m.7
(16.) 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 owners) 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.
(17.) 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
C:\CAPOFILE\LNDDEVC0\1997L005-14-97.CTO May 14, 1997(2:55 am.)
(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.
19.1 A draft wiring plan showing the fiber optic lines and wires connecting
the applicant's equipment and facility together and identifying the
owner of the lines and wires
I3.1 Leaseholds, The applicant shall submit a written statement that the lease
between the applicant and landowner of the subiect property contains a
provision that the landowner is responsible for the removal of
telecommunications service facilities in the event that the applicant/carrier
fails to remove it upon abandonment
(4.) 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.
(5.) 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).
(6.) Additional submittals required far 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.
(L.) Surrounding Land Wea. To e„s„ra land uar, uurripatiLifly, La..lr
appIn...ti..,, f.., .. N,,,Nua..d 6u.JGty aL,.11 nmlud.., at a ,,d„6„u,,,, al
„�.,..A,I,,,tuyi“pli I,,. „y ,, al.. uf,,.,t a tLa , it.lr 300 f.,vt
sdjac..l,t fund d3c3 AA n„ s GGO f.,ot i,.dsof tha p,caused L.cat°,,.
21
CIOAPDFILE LNDOEVCD\1997LOC\5-14-97.CTO May 14,1997(2:55 p.m.)
(b.), Visual Impact Analysis. To ensure land use compatibility each
application for a proposed facility shall include a Thu visual impact
analysis with ahelIinelude the following information, at a minimum:
An aerial photograph having a scale of not more than 1 inch
= 300 feet depicting the location of the proposed facility.
ii. A map depicting the pattern of adjacent land uses and
roadway network within a 660 foot radius of the proposed
location
L Befnre. Pictures At least six color photographs (4" x 6"
minimum size)from adjacent properties within 660 feet of the
proposed facility three from adiacent roadways (view
corridors) and three from residential areas (viewpoints).
iv. After Pictures, Ether a color elevation, a color photo-
simulation, or a color copy of the manufacturer's brochure
(elevation) of the proposed facility. Each elevation should
indicate the approximate height and location of the proposed
facility in relation to the existing skyline, viewpoints, and view
corridors.
v. 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.
vi. A sight line representation drawn from view points within 660
feet of the proposed facility to the highest point of the
telecommunications service facility. Each sight line shall be
depicted in profile, drawn at a scale of at least at one inch
equals 40 feet. The profiles shall show all intervening trees
and builgs.
din
ii. A.. ;decdiication of LA Last Ihtea sp..cifc a„d commonly
nlc ,ufiaLla pu6Sa ..,thi,, a CCO foot ,adiu., „f tha N,uvuued
Iv..atiu , Gu,n gel dd, the disuah,,,pa.d a„alysis Is pn,.,e„ted.
ni. A g,aphis llustrutiun of the 1.,sual aLlja..cid
1 aadway., ..ill d, CCO Let of tha pt opusad facility.
iv. The apeJf points to ba ,n„lud.,d withiii tl,a visual it„„a.,t
22
C\CAPDFILELLNODEVCD\1997LDC15-t4-9>.CTO May 14, 1997(2:55 p.m.)
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.) 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 forms and
the amount of the application fees for Site Plan review shall be obtained from
and returned to the Planning Department.
(2.) Additionally, Site Plan applications for telecommunications service facilities
shall not be reviewed by the Development Review Committee unless the
Director of Planning 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.) 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.) may be based upon submittals that do not comply with the
requirements of the Ocoee Land Development Code; and
(c.) may not be based upon safety concerns related to radio frequency
radiation as stated in the Telecommunications Act of 1996.
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.) 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:
(a.) 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 es-wejFee,the design of the
proposed facility,and the character of surrounding development.
23
C CAPDnLE\LNDDEVCD\1997LDC15-14-97.CTo May 10, 1997(2:55 p.m.)
(b.) The facility will not adversely affect surrounding residential and/or
non-residential properties. An adverse effect would be indicated
when
p,cooed facility will be .iaiLla Gotha Jesieleetied-areer er when-the
proposed facility will be of a height, bulk and scale that is not
compatible with surrounding residential and/or nonresidential uses.
An adverse effect shall be evaluated based upon: (i) appearance or
the deoree to which the telecommunications service facility "blends
with" or "disturbs" its setting- (ii) form or the deoree to which the
shape of the telecommunications service facility relates to its
surroundings: and (iii) the silhouette or a minimized visual impact.
If any aspect of a telecommunications service facility's design is
deemed not acceptable by the City then the City shall specify those
tvoes of design that would be acceptable
(c.) Whether the needs of the applicant can be met by means of a
camouflaged or building-mounted telecommunications service facility.
(J.) The p,ope..eJ L,cat;en and sitii,g is the L.a.d d;...aFt.C, La
v{.huai.a, and ,,,eat cempatibla type of facility tauhiiol.,g;,allq
feaa•Lla aa d.,t., ..J by the City Co,l,,,,t....,..,, 1/44..”.J
v�eaaH,nNe.,t-a alyaia.
(d.) The proposed facility is designed to unobtrusively blend into its
surroundings to the maximum extent feasible.
(2.) 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:
(a.) 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.) may be based upon submittals that do not comply with the
requirements of the Ocoee Land Development Code; and
(c.) may not be based upon safety concerns related to radio frequency
radiation as stated in the Telecommunications Act of 1996.
24
CSCAPDFILELLNODEVCOM997LOCl5-14-97.CTO May 14.1997(2.55 p.m.)
L. Reports. Each free-standing ground-mounted structure shall annually submit a report to the
City indicating the flui+db DapoM Tier it at th .fitirmof OU,cupaLnal L;ccm.. ,cn..wal ifyi,hJ
tl,c at,uc6.ral 6,tcg,;ty number of carriers or services 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 include a coov of the most recent
structural certification from a licensed engineer and 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 owned 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 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 all 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.
25
CICAPDFILEWNDDEVCD11997L 5 DC1 14-97.CTO May 14. 1997(2:55 p.m.)
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 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).
SECTION TWELVE: Conflicts. Any and all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
26
C'1CAPDFILEILNDDEVCLA1997LOC\51497.OTO May 14, 1997(2:55 p.m.)
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
27
C:\CAPDFILE\LNDDEVCD\1997LDC1414-97 CTO May 14, 1997(2:55 p.m.)
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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 permits 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 E cection 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 heanng, 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 heanng.
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
Adopted July 21, 1992 18092 ESCAPDFLLELLNDOEVCD\1997LDCCWEVART4WRT4 BCT.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 tnangle 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 tnangle 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.
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 EuaaonLELLN0DEV011997Loc'RT5-5LTWPD
Exhibit"0"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 reauirements of Section 5-19-(D(31.
8. 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 5-19fHN5).
Adopted July 21, 1992 18109 E.\CAPOFILE'NDDEVCDH997LDCWRT55CTWP0
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.\cnvoraELNDDEVCD'199TLocaRTsscrwao
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 budding used for a
bonafide restaurant seating not less than 45 patrons.
(6) Adult Entertainment Establishments except as permitted by these regulations.
1_? 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, end(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 goads 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 far tents, temporary fences, and temporary electrical.
Adopted July 21, 1992 18111 EACAPDFiueLNDDEVCD'rswLDCARlsscT.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.
(h) 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 shalt 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 Cade
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 evthnerNoermitted in Section 5-19 of the Ocoee Land Development Cade
Adopted July 21, 1992 18114 E\CAPDFILELNDOEVCDU9WLDCWRT5-5CTWPD
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>cAPDFlieurooevcovggnncARTsscrwpo
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
fe1 GeAfvn 5 10 of th.. L..nJ Gerel.,ni„e„t COJL.
(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 EACAPDFILEUNDDEVCDV99TLDCWRTS-5CT WPD
Exhibit"H" of Ordinance 9'7-12 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 for 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'spiel-titer 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 distracts.
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 E:CAPDrarerNDOEVcD'1997LDcwarsSCT WPD
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\CAPDFaeuIDDEVCD11997ioc.RT5-SCTvmU
Table of Permitted Uses (Table 5-1)
"P" = Permitted Use In that Zoning District Refer to Table 5-2 for setbacks and other
"5" = Special Exception In that Zoning District(requires advertised public hearings) development requirements.
This Use is not permitted in this Zoning District
Use y A-1 A-2 RCE-I RCE-2 R-1A R-1 R-1AAA R-IAA F R-2 R-3 RT-1 PS C-1 [' C-2 C-3 i-1 1-2
wo lla tIJ iati?„ 1.� , * ' 7 a f 1 fggiJ 2 '?,'. . ;,w.E s Maaolta 'EW 1 1�I. 7 si',�v%,I%'ila Z. ttal10',
Agriculture P P P P P P P -
Agricultural Processing pp - - - - - ii - (( - -... F - -. - - ( - { - - } - -
iaBtFfIRT ii , ' ,8 e'.? n `N 3 l ° 4PESOI1 O „l RISSI � , ,i,f s%�+ 1 .', kiril/�f..',%tialia'.
Adult Congregate Living Facility P P P P P P P P P • P,. - - - - I - -
(ACLF)
Community Residential Home, P P P P P P P
Major
Community Residential Home, 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 - - - - - -
Mixed Use Development(Mixed - - - - - - - - - - SS S S S. -
use development will be allowed
by PUD and special use districts
adhering to the requirements
specified in Article IV)
April 22, 1997 8:16 a . Page 1 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 o Table 5-2 for setbacks and other
"5" = 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-a I-1 1-2
Mobile Home Development - - - - - - - - - p
Nursing Home - S S - - - - - 'S - - P P P" -
a . 9661tAS 41'�'; ?'`' 1 We'll- „ "3 - * /fiittifigS e / i : / tar
ea i i
Adult Entertainment - - - - - - - - S -
Establishments
l
Appliance Store - - - - - - _ _ - - - - - P .. P P. -
Automotive Body Repair - - - - - - - _ - _ _ _ - p
i Automobile Parking Lot - - - - - - - - - - - - p P P P
Automobile Repair - - - - - - - - - - - S P P P
Automobile Sales (New and - - - - - - - - - - - - S P p -
I 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 . Page 2 Exhibit"J" to Ordinance 97-12 E:\CAPDFILE\LNDDEVCD\1997LDGRVTBL5-1 WPC)
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
Clinic, Dental or Medical - - - - - - - - - P P P P P P
Commercial, Convenience - - - - - - - - - - - P P P P P
Commercial, Convenience with - - - - - - - - - - - S PPP
l.: 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 -
Healing and Air Conditioning - - - - - - - - P p -
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 < - _g 97-12 E:\CAPDFILE\LNDDEVCD11 J9rLDCV2VTRL6 I.WPD
Table of Permitted Uses (Table 5-1)
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.
1-1 = Thls 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 -
HotelorMotel - - - - - - - S P P -
Interior DecoratingStore - - - - - - - - - - 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 pir -
Moyle 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\RVTBLS-1.WPD
Table of Permitted Uses (Table 5-1)
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.
a This Use Is not permitted In this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-IAAA R-IAA R-2 R-3 RT-1 PS C-1 C-2 C-3 I I-1 1-2
Radio Broadcasting and TV - - - - - - - - - - - - - P P -
Stations, Studios, &Offices.
Recreational Vehicle Park - - - - - - - - - - - - - - S S S
Restaurant - - - - - - - - - - - - P P PPP
Sign Painting Shop - - - - - - - - - -
Storage Warehouse - - - - - - - - - - - - - - P P - :.,
Veterinary Hospitals and - - - - - - - - - - - - - P P -
Kennels when confined within
structure -
r aI U ;,M gia0 1,410i'* * ,,.Ly it : 7:,„i• r r ;,ry'z:r`P ,„,,,„& 1//y r:el EA e /f �i
Industrial Park - - - - - - - - - - - - - - P P
Industry Light _ - - - - _ _ _ _ _ _ - _ - P P
Industry, Heavy - - - - - - - - - - - - - - p
Truck Stop - - - - - - - - - - - - - - P 1.
Warehousing/Distribution - - - - - - _ - I - - - - - - - P P
8nSRr xureueal "VallhiNti 1/ e * .r aa0tell ; '4T C a arrw, 3
`�'#s� '..
Child Care Facilities - - - - - - - - S S - - s s S S -
Church P P P P S S S S SS S - S S S - -
Club or Community Use - - - - - - - - - S - SS S S - -
Conservation Use P I P P P P P P P P P P PP P PPP
April 22, 1997 8:16 a . 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 1-1 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 PP P PPP
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 Maa5-19)
April 22, 1997 8:16 a.m. Page 6 Exhibit"J" to Ordinance 97-12 E:ICAPDFILE\LNDDEVCD11997LDC1RVTUL5-1.WPD
FOLEY & LARDNER v,avi I ,1)),
. T LOMAS AT LAW
CHICAGO POST OFFICE BOX 2193 SAN DIEGO
JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO
LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 TALLAHASSEE
MADISON ORLANDO, FLORIDA 32801,2386 TAMPA
MILWAUKEE TELEPHONE(4071423-7656 WASHINGTON D.C.
SACRAMENTO FACSIMILE 1407)648-1743 WEST PALM BEACH
WRITER'S DIRECT LINE
May 14, 1997
VIA IJAND DELIVERY
Ms. Jean Grafton
City Clerk
City of Ocoee
150 N. Lakeshore Drive
Ocoee. FL 34761
RE: Temporary Easements Relating to Clarke Road
Dear Jean:
In accordance with our telephone conversation enclosed is a Memorandum to the Mayor
and Board of City Commissioners, along with the Notice of Termination of Non-Exclusive
Temporary Easement Agreements, as referenced therein.
If you have any questions regarding the enclosed, please feel free to contact me.
Very
jear
ttn ly yours,
Scott M. Clements
SMC',Lgm
Enclosures
FSTABLISHED 1842
AMbv Ft i.R.Lrx,. . Mb rx r ..,,n r B n DF a.n. ..NE'-erv-. L P64 �M1Cr uI.,nR1<noTA!rn
THIS INSTRUMENT PREPARED RY:
Scott M. Clements, Esq.
FOLEY & LARDNER
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, IA. 3 2 802-2 1 9 3
(407) 423-7656
RETURN TO:
Ran Grafton, City Clerk
CITY OF OCOEE
ISO North Lakeshore Drive
Ocoee, FL 34761
NOTICE OF TERMINATION OF NON-EXCLUSIVE
TEMPORARY EASEMENT AGREEMENTS
THIS TERMINATION OF NON-EXCLUSIVE TEMPORARY EASEMENT
AGREEMENTS ("Notice of Termination") is made as of this day of
1997, by the CITY OF OCOEE, a Florida municipal, whose address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 (the "City").
WITNESSETH:
WHEREAS, in connection with the City's construction of that certain roadway
located in the City commonly known as "Clarke Road", the City requested that various
developers and owners of real property adjacent to Clarke Road grant to the City various
temporary easements; and
WHEREAS, various temporary easements were granted to the City, as more
particularly described on Exhibit "A" attached hereto and incorporated herein by this reference
(the "Temporary Easement Agreements"); and
WHEREAS, the Temporary Easement Agreements slate, respectively, that such
easement will terminate upon the earlier of the completion of the construction of Clarke Road
as certified by the City or upon expiration of the time period set forth therein, being either three
years or two years from the date of such Temporary Easement Agreement, and upon such
termination of the Temporary Easement Agreement, the City shall record a Notice of
Termination in the Public Records of Orange County, Florida; and
WHEREAS, the City has completed construction of that portion of Clarke Road
affected by the Temporary Easement Agreements and desires to terminate and cancel the
Temporary Easement Agreements by the execution and recording of this Termination in the
Public Records of Orange County, Florida.
NOW, THEREFORE, the City does hereby terminate and release each and every
of the Temporary Easement Agreements, as set forth on Exhibit "A" attached hereto, and
forever releases, remises and forever discharges the Property, as defined in the respective
Temporary Easement Agreements, from the encumbrance of such easements.
IN WITNESS WHEREOF, the City caused this Notice of Termination to be
executed as of the day and year first above-written.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AM) RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1997
this day of , 1997. UNDER AGENDA ITEM
NO.
FOLEY & LARDNER
By:
Paul E. Rosenthal, City Attorney
2
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid, to take acknowledgements, personally
appeared before me S. SCOFF VANDERGRIFT and JEAN GRAFTON, personally known
to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida
municipal corporation, and that they severally acknowledged executing the same in the presence
of two subscribing witnesses freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1997.
Signature of Notary
Name of Notary II,ped.Printed nr Staniped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on sex!):
3
EXHIBIT "A"
EXECUTION OFFICIAL RECORDS
INSTRUMENT GRANTEE DATE BOOK AND PAGE
1 . Non-Exclusive Temporary BML Investments 9/18/91 4330/4979
Construction Easement
Agreement
2. Non-Exclusive Temporary Mary Basmajian P1) 12/12/90 4249/570
Easement Agreement Marilyn Ozanian
Gary Dostourian 1'�)
Mangela Charan Khalsa 114)
Lori Dostourian 1'k)
3. Non-Exclusive Temporary John H. Worsham, Jr. 11/20/90 4239/2150
Easement Agreement and Mary G. Worsham,
his wife
4. Non-Exclusive Temporary John H. Worsham, Jr. 10/8/91 4336/3649
Construction Easement and Mary G. Worsham,
Agreement his wife
5. Temporary Easement County of Orange 12/3/91 4363/4810
6. Non-Exclusive Temporary The Methodist Church 9/12/91 4328/3284
Easement Agreement District Board of Missions
and Church Extension of
Orlando District, Inc.
7 Non-Exclusive Temporary Whitehill Group, Ltd. 9/26/90 4227/0005
Easement Agreement
8. Non-Exclusive Temporary Michael A. Goerling 12/2/91 4352/0185
Easement Agreement and Robin D. Goerling
9. Non-Exclusive Temporary Lake Olympia Club 8/21/90 4230/3939
Easement Agreement
10. Non-Exclusive Temporary Champion Broadcasting 4/4/91 4288/4325
Easement Agreement of Florida, Inc.
11 . Non-Exclusive Temporary Louis Geys 10/4/90 4227/1842
Easement Agreement
12. Non-Exclusive Temporary Zom Silver Glen, Ltd. 9/27/90 4226/4958
Easement Agreement
13. Non-Exclusive Temporary Brookshire Development 8/16/90 4226/4971
Easement Agreement Company, Inc.
14. Non-Exclusive Temporary Silver Ark, Limited, Inc. 8/20/91 4324/1276
Easement Agreement
EXECUTION OFFICIAL RECORDS
INSTRUMENT GRANTEE DATE BOOK AND PAGE
15. Non-Exclusive Temporary W.C. Davis, as Trustee 9/30/91 4324/1284
Easement Agreement
16. Non-Exclusive Temporary Frances Scheller Kuhn 8/21/90 4238/0470
Easement Agreement f/k/a Frances Scheller
17. Non-Exclusive Temporary PRN Investments, BML 11/19/90 4273/0288
Easement Agreement Investments, J.D. Feinstein,
as Trustee
18. Non-Exclusive Temporary PRN Investments, BML 11/1/91 4344/0507
Construction Easement Investments, J.D. Feinstein,
Agreement as Trustee
19. Non-Exclusive Temporary PRN Investments, BML 10/30/91 4344/0529
Access Easement Investments, J.D. Feinstein,
as Trustee
NOTE: All references herein to Official Records Book and Page refer to the Public Records of Orange County, Florida.
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