HomeMy WebLinkAboutOrdinance 97-10
ORDINANCE NO. 97- 10
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING
TO SPECIAL OVERLAY AREAS, INTERCHANGE IMPACT AREAS,
THE DOWNTOWN REDEVELOPMENT AREA, ACTIVITY CENTERS,
PLANNED UNIT DEVELOPMENTS, AND MAXIMUM IMPERVIOUS
SURFACE AREAS AND BUILDING SITE COVERAGE; AMENDING
THE PROVISIONS OF CHAPTER 180 OF THE CODE OF
ORDINANCES OF TBB<CITY OFOCOEE AS SET FORTH IN
THIS ORDINANCE; AMENDING SECTION 4-5 A. "PUD -
PLANNED UNIT DEVELOPMENT" OF ARTICLE IV CHAPTER
180; PROVIDING FOR REVISIONS TO THE USES PERMITTED
WITHIN PUD'S; AMENDING SECTION 4-6 "SPECIAL OVERLAY
DISTRICTS" OF ARTICLE IV CHAPTER 180; REVISING THE
PROCEDURES FOR SPECIAL OVERLAY DISTRICTS, INCLUDING
INTERCHANGE IMPACT AREAS, THE DOWNTOWN
REDEVELOPMENT AREA, AND ACTIVITY CENTERS; AMENDING
SECTION 5-3 "ESTABLISHMENT OF ZONING DISTRICTS" OF
ARTICLE V CHAPTER 180; PROVIDING FOR THE SPECIAL
OVERLAY DISTRICT DESCRIPTIONS; ADDING SECTION 5-3.1
"SPECIAL OVERLAY AREAS" TO ARTICLE V OF CHAPTER
180; AMENDING TABLE 5-2 "MINIMUM ZONING
DESCRIPTIONS ON PERMITTED USES" OF ARTICLE V
CHAPTER 180 WITH RESPECT TO MAXIMUM IMPERVIOUS
SURFACE AREAS AND BUILDING SITE COVERAGE WITHIN
VARIOUS ZONING DISTRICTS; PROVIDING FOR THE SPECIAL
OVERLAY DISTRICT DESCRIPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires
to clarify regulations concerning Special Overlay Areas,
Interchange Impact Areas, the Downtown Redevelopment Area, Activity
Centers, Planned Unit Developments, and maximum impervious surface
areas and building site coverage.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of
the Constitution of the state of Florida and Chapter 166, Florida
statutes.
SECTION 2. section 4-5A. of Article IV of Chapter 180 of
the Code of Ordinances of the City of Ocoee, Florida is hereby
amended to read as set forth on Exhibit "A" attached hereto and by
this reference incorporated herein (with additions shaded and
deletions stricken).
SECTION 3. section 4-6 of Article IV of Chapter 180 of
the Code of Ordinances of the city of Ocoee, Florida is hereby
amended to read as set forth on Exhibit "B" attached hereto and by
this reference incorporated herein (with additions shaded and
deletions stricken).
SECTION 4. section 5-3 of Article V of Chapter 180 of
the Code of Ordinances of the City of Ocoee, Florida is hereby
amended to read as set forth on Exhibit "C" attached hereto and by
this reference incorporated herein (with additions shaded and
deletions stricken).
SECTION 5. By renumbering and amending sections 5-
3B.(16) and 5-3B.(18) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee, Florida, section 5-3.1 of said
Article V is hereby created to read as set forth on Exhibit "0"
attached hereto and by this reference incorporated herein (with
additions shaded and deletions stricken to show changes to existing
text) .
SECTION 6. Table 5-2 of Article V of chapter 180 of the
Code of Ordinances of the City of Ocoee, Florida is hereby amended
2
to read as set forth on Exhibit "E" attached hereto and by this
reference incorporated herein (with additions shaded and deletions
stricken) .
SECTION 7. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 8. Codification. It is the intention of the
City Commission of the City that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City; and that sections of this Ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "chapter",
"section", "article", or such other appropriate word or phrase in
order to accomplish such intentions; and regardless of whether such
inclusion in the code is accomplished, sections of this Ordinance
may be renumbered or relettered and the correction of typographical
errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the city Clerk.
SECTION 9. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
3
PASSED AND ADOPTED this ~ ~ day of
-
MAl , 1997.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
~:zt-d .
Clerk . Scott Vandergr1f
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FO~ AND LEGALITY
this ~ day of G./ ' 1997
FOLEY
.:;::;r ~
City Attorney
By:
C:\WP51IDOCSlOCOElAcrcrll.ORD 14181971 DEBBIEH1 PEll:dh
ADVERTISED FIRST TIME April 6
READ FIRST TIME April 15
ADVERTISED SECOND TIME April 27
READ SECOND TIME AND
MA:::{. , ,
UNDER AGENDA ITEM NO. 1/ e.
, 1997
, 1997
, 1997
ADOPTED
1997
4
EXHffiIT II A"
ARTICLE IV
9. Tax escrow receipt (prepaid taxes for current year). (This is also
obtained from the Orange County Property Appraiser's Office.)
10. Public site (recreation) dedication. (This is only applicable for those
subdivisions with Developer's Agreements predating the June 20,
1989 adoption of the Recreational Impact Fee Ordinance that opt
to donate land rather than pay the impact fee.)
11. Letter from Orange County 911 Fire and Rescue Division approving
street names (Developer must send a copy of proposed plat to
Orange County 911 and that office in turn sends a letter to the City
indicating approval of street names).
Following satisfactory review of the Plat and approval by the City
Commission, City staff will process the Final Plat and record it with
Orange County.
(6) Certificate of Completion
Upon completion of the site improvements, an inspection shall be scheduled by the
Planning Department. The developer must also submit the following documents:
(a) Engineer's certification letter (signed and sealed by a professional engineer)
(b) Surveyor's certification letter (signed and sealed by a professional land
surveyor)
(c) Two sets of as-built drawings (signed and sealed)
(d) A 2-year maintenance guarantee covering all site improvements
(e) Certified utility cost (signed and sealed by a professional engineer)
(f) "Bill of Sale" - water system
(g) "Bill of Sale" - wastewater system
(h) Copy of signed contract for site work
(i) Letter from DER indicating acceptance of permitted work
U) Letter from SJRWMD indicating acceptance of permitted work
(k) Certification for back flow preventer
~ 4-5
PUD - PLANNED UNIT DEVELOPMENT
The intent and purpose is as follows:
To provide for planned residential communities containing a variety of residential structures and
diversity of building arrangements, with complementary and compatible commercial or industrial uses or both;
planned commercial centers with complementary and compatible residential or industrial uses or both; planned
industrial parks with complementary and compatible residential or commercial uses or both; development of
areas contained within a Special Overlay ~~~~~(~~~;.~~l;lti~I!1:~~~lElFle BFC6S Ek3i~Fl6tcd ~m~~~iJ,l~igl!1~!:;I
Adopted July 21, 1992
18068
ARTICLE IV
"traditional neighborhood" or "activity center" development (See ScatioR 4 6)1 and public and quasi-public
facilities, developed in accordance with an approved Development Plan.
To allow diversification of uses, structures, and open spaces in a manner compatible with existing and
permitted land uses on abutting properties.
To reduce improvement and energy costs through a more efficient use of land design and smaller
network of utilities and streets than is possible through application of other zoning regulations and subdivision
requirements.
To ensure that development will occur according to limitations of use, design, density, coverage, and
phasing stipulated in an approved Development Plan.
To preserve the natural amenities and environmental assets of the land by encouraging the
preservation and improvement of scenic and functional open areas. The natural topography, soils, and
vegetation should be preserved and utilized, where possible, through the careful location and design of
circulation ways, buildings and structures, parking areas, recreation areas, open space, and drainage facilities.
Designation of conservation areas must be consistent with adopted ordinances regulating such natural areas.
The proposed location and arrangement of structures should not be detrimental to existing or committed
adjacent land uses.
To encourage an increase in the amount of use of open space areas by permitting a more economical
and concentrated use of building areas than would be possible through conventional zoning districts.
To provide maximum opportunity for application of innovative concepts of site planning in the creation
of aesthetically pleasing living, shopping, and working environments on properties of adequate size, shape
and location.
To provide a flexible zoning district which is intended to encourage an appropriate balance between
the intensity of development and the ability to provide adequate capacity of support services and facilities.
Site development standards are established for Planned Unit Developments to ensure adequate
levels of light, air, and density; to maintain and promote functional compatibility of uses; to promote the safe
and efficient circulation of pedestrian and vehicular traffic; to provide for orderly phasing of development; and
otherwise protect the public health, safety, and general welfare.
A. Uses Permitted
The following types of uses shell be permitted
Developments if desi~Ratcd iR aR approved DevclopfficRt PlaR:
Planned Unit
(1) Planned residential communities: complementary and compatible commercial
and industrial uses may be included if they are harmoniously designed into the total
residential community within a Planned Unit Development District.
(2) Planned commercial centers: complementary and compatible residential and
industrial uses may be included if they are properly designed into the total
commercial center within a Planned Unit Development District. (IRalude3/\cti...ity
Center DevelopfficRt.)
(3) Planned industrial parks: complementary and compatible residential and
commercial uses may be included if properly related to the total industrial park within
a Planned Unit Development district.
Adopted July 21, 1992
18069
ARTICLE IV
~I' Public or quasi-public facilities: uses complementary and compatible with
planned residential, commercial, or industrial developments, including sewer and
water utility plants may be included within a Planned Unit Development district.
~I' Designed Cemrrwflity Di3t...iet (Traditional Neighborhood Development):
Development of living environments
not possible with the strict application of minimum requirements of the City's
other zoning regulations.
~I} Activities resulting in high noise levels, lighting, or access points which adversely
affect abutting property shall be prohibited.
B. Approval Procedures for the PUD Land Use Plan
The procedure for obtaining approval of a Planned Unit Development District shall be as
follows:
(1) Pre-application Conference: The applicant shall schedule a pre-application
conference with the Director of Planning prior to submission of the Land Use Plan.
The purpose of this meeting will be to acquaint the staff with the proposed project
and to provide the prospective applicant with preliminary review comments to identify
major concerns or the need for additional support data.
(2) Planning Department: The applicant shall submit to the Planning Department, after
payment of application fees and review deposit, twelve (12) copies of the Land Use
Plan, as described in Section 4-5(C), and support data. The Planning Department
shall distribute the plan for review by the Development Review Committee (DRe)
upon receipt of all required information.
(3) Development Review Committee: The DRC shall individually review the proposed
Land Use Plan and submit comments to the Planning Department. The Planning
Department then issues all comments in a report to the developer. The applicant
shall be responsible for making timely revisions to the proposed Land Use Plan until
the DRC determines that the applicant's plan has been brought into substantial
conformity with the minimum requirements of the City. After such determination has
been made the applicant shall submit fourteen (14) copies of the Land Use Plan and
the Director of Planning will submit the plan along with a written report to the
Planning and Zoning Commission.
(4) Planning and Zoning Commission: Upon receipt of the plans and staff
recommendation, the Planning and Zoning Commission shall review the plan, hold
an advertised Public Hearing and submit its recommendation (which may include
Conditions of Approval) to the City Commission for its official action. 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
Adopted July 21, 1992
18070
EXHIBIT nBn
ARTICLE IV
(h) All utility services including sewer, water, electrical (except transmission
lines), telephone and cable television shall be located underground. Any
equipment which cannot be located underground must be adequately
screened from view from any street or abutting property.
(8) Site development standards for projects containing public, quasi-public, and other
similar uses shall be reviewed in accordance with the requirements specified for
Commercial/Industrial projects, except where unique circumstances dictate
modifications to the standards to protect the health, safety, and general welfare of
surrounding residents.
~ 4-6 SPECIAL OVERLAY DISTRICTS AREAS
Special Overlay Districts arc Areas may be created by the City of Ocoee to facilitate unique
development activities, sueR as, but Rot limitcd to: thc dc'/clopmcnt of "traditioRal Rcighborl'looEl" fflixcEl usc
pFOjccts; aCVCIOl3fflCRt of activity ccntcrs and iRtcFCAaRgc areas where there is need for coordination between
different land owners in the development of high density, mixed-and,m!Jlti- use projects; aAa dc'/clopfflcRt of
arcas iAvolviAg whets therefi'sre special issues of infrastructure, environmental protection, employment
activities, protection of historic resources, or other public issues deemed by the City Commission to be
appropriate for special treatment. There are three types of Special Overlay Areas;namelYirtnterchange
Imt>act Areas; The Downtown Redevelopment Area, and Activity Centers as :clefined in Sectiorl'5-3.1.
It is the intent of the City that the designation of a Special Overlay 9i5tFiet Area,shall put landowners,
developers, and the general public on notice that special opportunities exist for the development of the area
and, concurrently, that special provisions or limitations may be placed on projects within the area; identify
specific standards to be followed in the development of the area, which standards sfteH 11il~IBsupersede
conflicting general standards of this Code, but wniclJ'~IJ~lIrl~t'~~,jli!~~!iil~j~,tf;!nt;~ith!",tl~'CC!llp~~II'I'Siv~Plal;
and encourage, but not require, the use of the PUD district and the designation of areawide DRI's, where
appropriate, to facilitate the achievement of specific development objectives of the City.
A. Establishment Procedures
The City Commission may, from time to time by o~dinance, create, dissolve, and/or modify
Special Overlay Districts Areas. The procedure for establishment , ~issolution or modification
of a Special Overlay 9i5tFiet Area shall be tAC same as for tAC afficRElfflcRt of thc O#icial
ZORiRg Map (See Article V), witR tAC follo'fling exccl3tiORs: as pr,ovidedin Section
166:041 (3)(c); Florida StatutE;!s, Additionally; the following procedures snail be applicable/to
the adoptioo'of any such ordinance:
(1) The proposal to create or modify a Special Overlay District Ar(:3ashall include a
statement of the intent of thc aistFict, specifio bounpariesi{)~nd'a;SPE3cialdevelopment
plan identifying eM the proposed special regulations to be applicable therein. St:teft
statcfflent may bc A'lo€lificd by the City COA'lfflission at tRC tiA'lc of tRc adol3tiOR of tAC
ordir'l€lnce crcatiR~ or fflodifying tAC district. StatCA'lCRts fflay if'lCludc fflMaps and
diagrams, in addition to text, to explain the general intent and the specific regulations
being adopted7snall also be. included with each Plan t~ delio~~tethec9nceptual
spatial and aastheticaspects pertaining ,to eacl) SpecialOverlaYArea:
Speoial.development plans formulated>for:all Special OVerlay,Ar~Els'shaJI,at a
minimum, identifyspegific standard~;pertainingtPIf:pot~ntiaIYi~s.of the,property;
setbacks; size/Might/bulk 'of bUildings; provisions:< f9r mbcedKfs.ndfmlilti-use
development including" housing ,'options; . master'''iflff.:istructure',:r~qui~~m~nts;
stormwater management; vehicular access..provisiohs,incl!Jdirtgct2~$Zf:adcess,
sharedaoces$, Iimitedaceess'.and planning for future. f9adWay,;improvements;
a~chitectural oompatibility; historic preservation;~signagefIFlrfdscapirlgfIPed~strian
aocess; parking; lighting; and the protection of natural resources inol~dilig trees,
Adopted July 21 f 1992
18085
ARTICLE IV
(2)
(3) The boundaries of tI=te each Special Overlay District Area shall be shown on the
Official Zoning Map along with a reference to the existence of special development
standards and the location where this 8cctioFl the;special;i'development plan
containing such adopted special standards can be reviewed.
Where the establishment of a Special Overlay District Area, or the subsequent
approval of a development within such €Jj5tfiet Area is inconsistent with the
provisions of the adopted Comprehensive Plan, the City shall consider the
amendment of the Plan and may review and approve the proposed Special Overlay
Bistfiet Atea and/or individual developments therein in concert with the approval of
any necessary Plan amendments.
B. Administration of a Special Overlay 9istfietArea
The designation of a Special Overlay BistFiet Area. shall not establish any special
requirements for development review procedures or for ElcvelopmcFlt except as may be
contained within this Section. 5 3.8.(16) a3 eC3cribce in Article V. Before any change of
zoning, subdivision approval, or site plan approval is granted within a Special Overlay Bistfiet
Area, the approving authority shall review this Section and shall find that the approval is
consistent with this Section, as well as with all other applicable requirements of this Code.
No approval shall be granted which would violate the provisions of this Section:- and the
spe~lal regulqtions contained within individual special developmentplans.
Adopted July 21, 1992
18086
c.
ARTICLE IV
(2)
(3)
(1)
G:- Standards for "Traditicmal NciE}hborhoods"
"TraditioAal Ncighl3orhood" is a term used to dcscribc mixcd usc aevClol3meAts desiE}Acd to
rescmble and offer thc bCAcfits of dcvelopmcnt from aA carlier timc. Typically, such
dcvelopment cOAsistcd of a ~rid strcet pattcfA, smaller FCsideAtiallets aAa Aigher FCsidcAtial
dCAsitics, commcrcial aAa scrvice uscs 'vvithiA c10sc preximity to FCsiclcAccs, amplc
pcclcstriaA cir-culatioA and a prcfercncc for pedcstriaA, ratAcr tAaA 'Jchicular mobility.
'AlJ=tere thc City Commissicm cstablisMcs a Spccial Overlay District to facilitatc thc
dC'JelopmcAt of a traditioAal nci~hborl:lOod, it shall includc spccific staAdaras Bpplical3le to
Adopted July 21, 1992
18087
ARTICLE IV
all devclol3ffieRt ...:itl=liR the de'lI'clol3ffient. Such staRaaFds ffiay iRcluac, but afe Rot liffiitcd to,
the follo.....iA~:
f47 TAC stfeet Aet\vork shalll3riffiarily cORsist of a "gria SYStCffi", '.vACFC tl'1Cfe afe scveFElI
oppoFtuRities to tFElvcl fFeffi OAC pOrtiOR of tAc dcvclol3fficnt to aRothcr. Cui dc sac
aRd acaa eRd streets shall bc limited to thosc situatioRs ...:l'1cre Reccssaf)' to I3FOtCCt
cR'iiroRffieRtelly sCAsitivc areas or '.vI=lCfe iRaicatea by tl=lc arraR~efficRt of ad:ioiRiR~
laRa uscs.
t27 Lot sizcs sl=lalll3c rcduccd aAd RCt rcsidcRtial dCASitics shall bc iRcrcased 50 as to
encoura~c pedcstriaR ffiobility within the eC'iclol3fficAt.
t37 1\11 streets sAall iAcluac sidcwalks OR both sidcs. AaditioRall3edcstriem ways sl=lall
bc I3FOviaed to PFO'iidc continuity \vitl=liR tAC sidcwalk systCffi and to CRsure liRI(agcs
bctv:eeR different areas (ineludiR~ ROR rcsideRtial afeas) witl=liR tAC develol3ffient.
f47 COffiffiefCial afeas sl'1all be arraR~ca so as to facilitatc l3edcstriaR acccss. Parking
aFCas sl=lall bc BFOI(CR up aAd aistril3utea so as to I3fevcRt tAC sCl3aFEltioR of buildiR~s
froffi I3cdestriaR acccss pOiRtS. Servicc aRd 10adiR~ arcas shall I3c locatce '.vitA
cORsiacFEltioR to easy acccssibility by pcdcstriaRs.
t5} SufficicRt cOffiffiercial areas aRe otAcr scrvicc aRe cffil3loYffiCRt afeas sl=lall be
includea witl'1iR the dcvelopfficRt to ffieet tAc ffiiRiffiUffi Reces of tl'1c surrOUnaiR~
area, iRcluding Acarby cORvcntional devclopment 'NAich caR bc easily acccssca OR
feet:-
&- StaReareS for Activity Ccnters
Activity centcrs afe shoWR OR the rutUfe Lana Usc Map iR tl=lc adoptee COffiI3FCACnsi':c PlaR,
ana ~cRcrally cORsist of iffipoFtant cOffifficrcial or cffiploYffieRt afeas, iRcluaiRg arcas
surFOuRding futurc l'1i~h'Nay iAtercAaR~cs. Thcsc afeas citl=lcr Aavc, or can bc cxpcctcd to
l=Iavc, potcRtial for substaRtial dcvclopment of Ai~A deRsity feSieeRtial uscs, as ,,:cll as ffiajor
COffifficfCial, servicc, ane cffil3loYffiCRt ccnters. It is tAc iAtCRt of tAis SeetioR tl=lat sucl'1 areas
be dcvelopcd in a coordinatca fashioR to CRsurc a ffiix of cOffil3atiblc aRd cOffiplcfficRtary
laRd uscs, includiR~ fesiecRtial uscs; facilitatcd acccss froffi off sitc, particularly froffi ffiejor
roaes, aRd tAC cooraiRatioR of OR site circulation, iRcludin~ parkiR~ areas; aRd ffiaxiffiuffi
utilization of areas to iffiprove tAc overall ccoRomy aRe opportunitics 'wVitAiR tAc City.
VVherc thc City COffiffiissioR cstablishcs a Sl3ccial Ovcrlay District to facilitetc tAc
dcvelopfficnt of activity cCRters, it sAall iACludc sl3ecific staReaFds applicable to all
ecvelOl3fficAt '.vithiA tAC district. SUCA staRdares ffiay iRCludc, but afe ROt Iiffiitcd to, tl'1c
follo.....iRg:
f47 ^ SiR~lc ffiastcr sitc plaR of dcvclopffieRt shall bc sct out to dcscribc tAc ovcrall
arraR~cfficRt of uses '.vithiR tl'1c activity CCRtCr. SUCA arraR~CfficRt ffiay liffiit thc
pOrtiORS of tAC activity cCRtcr ..vitl'1iR '."AicA spccific uscs (SUCA as rctail COffifficfCial)
ffiay be 1gerffiittee, aRe ffiay cstablish staRaaFds to CRCaUFEl~C ffiixce usc
devclol3ffients as the I9fe FCquisitc for pcrffiittiR~ retail, or otl=lcr, dcvclol3ffiCRt. SUCA
ffiaster plaA sl'1all also aedress cooFEliRatioR of access aRd pFOvisioR af iRfFestructur'C.
t27 Rcstrictions OR the 10catioR of vcl'1icular cntraRces to parccls 'Nitl=liR tAC acti'v'it)'
centcr, aRd restrictioRS OA cRtraRcc spaciRg aRd diffieRsioRs 'lI'.'l=Iich cxceea thc
standaras othef\vise al3plical3lc 'Nitl'1iR tAc CCRtCr. Sucl'1 liffiitatioRS ffiSY pr6Ai13it
acccss froffi cxtemal streets where adcquatc intcrRal acccss is pFOviacd.
Adopted July 21, 1992
18088
ARTICLE IV
fat RcquiFCmcAts that intcmal cireulatioA be pFeviaca so as to SCFVe othcr parecls '.vithiA
thc arca.
f47 RequiremeAts tABt spccific inffastructuFC, SUCA as ffiastcr surfacc '.vater
maAa!}CfficAt systcms, transit facilitics, ctc., bc pFeviacd.
t5} Standafas to ifflpFeve pcacstriaA acccss to ana '/y'itRiA tAc activity cCAtcr.
~ 4-7
TRANSFER OF DEVELOPMENT RIGHTS
Transfer of development right is intended as one method of implementing the City of Ocoee
Comprehensive Plan by permitting the transfer of development rights from one location to another where the
associated development can be more appropriately accommodated. The transferring, or sending, location
is designated as RSL (Residential Sending Land). The receiving location is designated as RRL (Residential
Receiving Land). At the same time that the development rights are transferred from property, a development
limitation is placed on the receiving property to control the nature and extend of its subsequent use and
development, and the sending property will normally be rezoned to reflect the absence of the rights
transferred.
A. Residential Sending Land
The RSL is land from which development rights may be transferred as provided herein.
However, the transfer shall not be granted unless such is consistent with and serves to
implement the Comprehensive Plan and the land involved constitutes:
(1) A platted subdivision which due to the size of the lots, the lack of paved streets or
drainage, or other deficiencies fails substantially to conform to the requirements of
the Land Development Regulations in force at this time;
(2) An environmentally sensitive area;
(3) An area which should be retained in agricultural, open space, or other conservation
uses;
(4) A parcel which contains historical or archaeological significance, or;
(5) A parcel which is necessary for governmental purposes.
B. Establishment of Receiving Land
The RRL is a receiving land for the transfer of development rights. RRL land may be used
as permitted by the underlying zoning at a density which combines that permitted by the
underlying zoning and that allowed by any development rights transferred to the land. The
transfer shall not be approved where such would be inconsistent with the Comprehensive
Plan. Further, it is not intended that by designating land as RRL that rezoning to higher
density is appropriate for the land generally or its immediate environs.
C. Circumstances Under Which Transfer of Development Rights May Be Allowed
(1) In reviewing any request for transfer of development rights, the City Commission
shall take into account the following:
(a)
The unique limitations and conditions characterizing and affecting the
property from which and to which the development rights are proposed to
be transferred. Such unique limitations and conditions may include, but are
not limited to, characteristics of the property such as lot size, location,
Adopted July 21, 1992
18089
EXHIBIT .C.
Revised April 4, 1997 (1 0:44am) per RBW #1
ARTICLE V
~ 5-2
DEVELOPMENT REVIEW FEES
Upon submittal of any Annexation, Zoning/Rezoning, or Comprehensive Plan Amendment petition,
or any other plan related application, the Planning Department shall ensure that the required flat fee is paid
in full in accordance with the rates established by the City Commission of Ocoee.
~ 5-3
ESTABLISHMENT OF ZONING DISTRICTS
A.
Zoning Districts
For the purposes of this Article, the following zoning districts are hereby established for use
within the City of Ocoee:
Agricultural Districts:
A-1
A-2
General Agriculture
Suburban
Residential Districts:
RCE-1
RCE-2
R-1
R-1A
R-1AA
R-1AAA
R-2
R-3
RT-1
Rural Country Estates
Rural Country Estates
Single Family Dwelling
Single Family Dwelling
Single Family Dwelling
Single Family Dwelling
One and Two Family Dwelling
Multi Family Dwelling
Mobile Home Subdivision
Commercial Districts:
PS
C-1
C-2
C-3
Professional Offices and Services
Neighborhood Shopping
Community Commercial
General Commercial
Industrial Districts:
1-1
1-2
Light Manufacturing and Warehousing
Heavy Industrial
Planned Unit Development (PUD) District
Special Application Districts (See Article 1\'):
Bpecial Overlay District
Traditional Ncigi'lbori'looel District
Activity Center
B. District Descriptions
Following is a description of each district:
(1) A-1 General Agricultural District. This district is intended to provide areas
primarily for agricultural uses. It is the purpose of this district to protect such
uses from unplanned urbanization so long as the land therein is devoted
primarily to agricultural uses. This district is primarily intended for areas shown
on the Future Land Use Map as "Low Density Residential". As the most
restrictive district in the City, this district is also appropriate for areas designated
on the Future Land Use Map as "Water", "Conservation", and "Recreation".
Where appropriate to the situation, this district may also be appropriate for
Adopted July 21, 1992
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ARTICLE V
Adopted July 21, 1992
(2)
areas designated as "Institutional/Government". Where the Official Zoning Map is
unclear as to the zoning district applicable to a parcel of land, or where land is newly
annexed, the provisions of this district shall govern pending the determination of an
appropriate district through the rezoning procedure.
A-2 Suburban District. This district is intended to provide a location for the land
situated on the fringe of the urban area that is used for agricultural purposes, but will
be undergoing urbanization in the near future. Many tracts in this district will be in
close proximity to residential and commercial uses. Therefore, the agricultural
activities conducted in this district should not be detrimental to urban land uses. It
is not intended that this district provide a location for a lower standard of residential,
commercial or industrial development than is authorized in other districts. The types
of uses, required area and intensity of use of land which is permitted in this district
is designed to encourage and protect agricultural uses so long as the land therein
is devoted primarily to agriculture. This district is primarily intended for areas shown
on the Future Land Use Map as "Low Density Residential".
RCE-1 and RCE-2 Rural Country Estates Districts. These districts are intended
to provide a location for the land situated on the fringe of the urban area that is used
primarily for residential purposes, but will allow secondary agricultural uses. Many
tracts in these districts will be in close proximity to higher density residential and
commercial uses. Therefore, the agricultural activities conducted in these districts
should not be detrimental to urban land uses. It is intended that these districts
provide a location for a lower density of residential development than is authorized
in other districts. The types of uses, required area and intensity of use of land which
are permitted in these districts are designed to allow agricultural uses so long as the
land therein is devoted primarily to single family residences. These districts are
primarily intended for areas shown on the Future Land Use Map as "Low Density
Residential" .
(3)
(4)
R-1-A and R-1 Single-Family Dwelling Districts. The areas included in R-1-A and
R-1 Single-family Dwelling Districts are of the same general character as R-1-AAA
and R-1-AA, but with smaller minimum lots and yards, and a corresponding increase
in population density. This district is primarily intended for areas shown on the
Future Land Use Map as "Low Density Residential".
R-1-AA and R-1-AAA Single Family Dwelling Districts. The areas included within
R-1-AA and R-1-AAA, Single-family Dwelling Districts are intended to be single-
family residential areas with larger lots and lower population densities. Certain
structures and uses required to serve educational, religious, utilities and
noncommercial recreational needs of such areas are permitted. This district is
primarily intended for areas shown on the Future Land Use Map as "Low Density
Residential" .
(5)
(6)
R-2 One-Family and Two-Family Dwelling District. This district is composed of
certain limited areas where it is desirable, because of an established trend, to
recognize a more intensive form of residential use than in the single-family districts.
Provision is made for the erection of duplex dwelling structures. This district is
primarily intended for areas shown on the Future Land Use Map as "Low Density
Residential" or "Medium Density Residential".
R-3 Multiple-Family Dwelling District. The area included in the R-3, Multiple-
family Dwelling District is residential in character with residential uses at higher
population densities. Due to higher than average concentrations of persons and
vehicles, these districts are situated where they are well serviced by public and
commercial services and have convenient access to thoroughfares and collector
streets. This district is primarily intended for areas shown on the Future Land Use
Map as "Medium Density Residential" or "High Density Residential".
RT -1 Mobile Home Subdivision District. This district is composed of certain lands
where it is desirable to attain a low to medium density residential area consisting of
mobile homes on single lots under individual ownership. This district is primarily
intended for areas shown on the Future Land Use Map as "Low Density Residential"
or "Medium Density Residential".
(7)
(8)
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ARTICLE V
(9)
(10)
(11 )
(12)
(13)
(14)
(15)
Adopted July 21, 1992
P-S Professional Offices and Services District. The provisions of this district are
intended to apply to an area adjacent to major streets and convenient and
complementary to major commercial uses. The types of uses permitted and other
restrictions are intended to provide an amenable environment for the development
of professional office and business services. This district is primarily intended for
areas shown on the Future Land Use Map as "High Density Residential" or
"Professional Service".
C-1 Neighborhood Shopping District. This commercial district is for the conduct
of retail trade and personal service enterprises to meet the regular needs and for the
convenience of the people of adjacent residential areas. Because these shops and
stores may be an integral part of the neighborhood, closely associated with
residential, religious, recreational and educational uses, more restrictive
requirements for light, air, and open space are made than are provided in other
commercial districts. This district is primarily intended for areas shown on the Future
Land Use Map as "Commercial".
C-2 Community Commercial District. This commercial district is intended for the
conduct of personal and business services and the general retail business of the
community. Persons living in the community and in the surrounding trade territory
require direct and frequent access. Traffic generated by the uses will be primarily
passenger vehicles and only those trucks and commercial vehicles required for
stocking and delivery of retail goods. This district is primarily intended for areas
shown on the Future Land Use Map as "Commercial".
C-3 General Commercial District. This district is composed of certain land and
structures used to provide for the retailing of commodities and the furnishing of
several major services, selected trade shops and automotive repairs.
Characteristically, this type of district occupies an area larger than that of other
commercial districts, is intended to serve a considerably greater population and
offers a wider range of services. This district is primarily intended for areas shown
on the Future Land Use Map as "Commercial".
1-1 Restricted Manufacturing and Warehousing District. This district is intended
primarily for manufacturing and assembly plants and warehousing that are
conducted so the noise, odor, dust and glare of each operation is completely
confined within an enclosed building. These industries may require direct access to
rail, air or street transportation facilities; however, the size and volume of the raw
materials and finished products involved should not produce the volume of freight
generated by the uses of the general industrial districts. Buildings in this district
should be architecturally attractive and surrounded by landscaped yards. This
district is primarily intended for areas shown on the Future Land Use Map as "Light
Industrial".
1-2 General Industrial District. This district is primarily intended for wholesale,
storage, warehousing, manufacturing, assembling and fabrication. These uses do
not depend primarily on frequent personal visits of customers or clients, but usually
require good accessibility to major rail, air or street transportation facilities. This
district is primarily intended for areas shown on the Future Land Use Map as "Heavy
Industrial".
PUD Planned Unit Development District.
The following li~i~~i!uses sl9all be permitted iR tlge 1~~iiii~IIII~II!I!I!I!!llli::iPlanned
Unit Development District if designated in an approved Development Plan:
(a) Planned residential communities: complementary and compatible
commercial and industrial uses may be included if they are harmoniously
designed into the total residential community within a Planned Unit
Development District.
(b) Planned commercial centers: complementary and compatible residential
and industrial uses may be included if they are properly designed into the
total commercial center within a Planned Unit Development District.
(IRcludes Acti'v'ity CeRter DevclopmeRt)
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(c)
Planned industrial parks: complementary and compatible residential and
commercial uses may be included if properly related to the total industrial
park within a Planned Unit Development District.
Public, or quasi-public facilities: uses complementary and compatible with
planned residential, commercial, or industrial developments, including sewer
and water utility plants may be included within a Planned Unit Development
District.
Designed COl'fll'flunity District {Traditional Neighborhood Development7~ a
gevelopment of living environments not possible with the strict appli~~!i~Q
~tr;niQir;nHr;n~~9H!~~r;n~Q!~~!!b~~i!X:s other zoning regulations:- wtillefi
~~'!'~~!il~~m~~!;l~,~j~t1l!;lI~~~jgli!!I~~'li!gi~I~~*
t467 (Moved to 5-3.1)
t4T7 Traditional Neighborhood District
(e7( e)
te7(f)
TRis district is intended to allow' an alternative developl'flent pattern tRat allows
tRe developl'flent of living environl'flents not possible 'vVitR tRe strict application of
I'flinil'flul'fl requirel'flents of tRe City's otRer zoning regulations. TRe alternati'/e
de',,'elopl'flent pattern 'liill iFlcorporate tRe positi'/e desigFl eRaf8ctcristies of tRe
"traditioFlal" city iFl tRe follo\ving ways:
ta7 rerl'flit tRe cOl'flbiFliFlg aFld eooreliFlating of afCRitectuf81 sty'les, building fefms;-
and building requirel'fleFlts 'vVitRin a designed cOl'fll'flunity;
tb7 encourage uses of land 'NRieR reduce traFlspoFtatioFl needs aFld whieh
cOFlserve energy and natural resources;
te7 rfO'v'ide for accessible recreatioFlal facilities, open spaces aFld scenic 8fe8S;"
either cOl'fll'floFlly oV"Fled or publicly o'v"i'ned;
td7 Curtail tRe depeFldeFlce on tRe automobile by enRaFlcing pedestrian and
bicycle access and tRfOUgR reduciFlg parkiFlg reejuirel'fleFlts;
te7 Allo.v iFl residential areas those nOFl residentiallaFld uses Wl9iCR cOl'flplel'flent
and serve rcsideFltial uses;
ffl Require in fesideFltial areas a l'flixtufC of deFlsities aFld RousiFlg types;
t97 Allo'i"{ a "Village Center" v/RicR is patterned after tRe RUl'flaFl scale,
pcdcstrian oriented "traditioFlal" city activity ccnters;
th7 ACRieve iFl tRe "Village CeFlter" a sense of arFiv'al and departure '''''RicR is
accomplisRcd by a street wall and cRaFlge in laFld use;
ffl DefiFle in tRe "Village CeFlter" a unifyiFlg afCRitectuf81 tRCl'fle '/v'RicR is
aCRieved tRfOugR massiFlg, seale aFld ofieFltation,
t487 (Moved to 5-3.1)
C, Application of District Regulations
(1) Application of Regulation to Uses of a more Restricted District.
Whenever the specific district regulations pertaining to one district permit the uses
of a more restricted district, such uses shall be subject to the conditions set forth in
the regulations of the more restricted district, unless otherwise specified,
Adopted July 21, 1992
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ARTICLE V
~ 5-3.1
(2) Specific District Regulations.
Within each district, regulations herein set forth shall be minimum regulations and
shall apply uniformly to each class or kind of building or land.
SPECIAL OVERLAY DISTRICT ABiEAS
Special Overlay Districts Areas may be are created by the City of Ocoee to facilitate unique
development activities SUCR as, but F10t limited to: tRe dC'v'eloj:3meFlt of "traditi6FIal
F1eigRborRood" mixed uses j:3fOjects; de"v"elopmeFlt of acti'/ity ceFlters aFld iFltercRaFlge areas
within]nferchange ImpactAreasj the,Oowntown RedeveIQ~mentAfea;~$d P;QfMty Centers
where there is need for coordination between different land owners in the development of
high density, mixed -andinulti- use projects; and development of areas involving special
issues of infrastructure, environmental protection, employment activities, protection of historic
resources, or other public issues deemed by the City Commission to be appropriate for
special treatment.
It is the intent of the City that the designation of a Special Overlay Districtl!.~~lshall put
landowners, developers, and the general public on notice that special opportunities exist for
the development of the area and, concurrently, that special provisions or limitations may be
placed on projects within the area; identify specific standards to be followed in the
developme;n!?~t!Pe;<~.fe;~}y~P\~p,,~!~n~~,f~~<~p~I.I..~Hee;f~e;~e;,.~~~fli~!.\ ng general standards of
this Code bY~;!slliaU!'\l!+l!;.;;t!'\l~!ilsis!~!1'l!"~!Ili:'l!el~mprele!1'lsil!lf~Ii!IJ~i; and encourage, but not
require, the use of the PUD district and the designation of area wide DRI's, where
appropriate, to facilitate the achievement of specific development objectives of the City.
Procedures to establish these districts are found in Section 4-6 of Article IV of this Code.
Adopted July 21, 1992
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48t
Activity Center~
Activity Centers will be the major nodes of employment within the Ci and will-
include residential and support commercial land uses. Mixe use
and pedestrian as well as transit travel will be emphasized in the design of these
Centers. Therefore, traditional zoning categories "Nill not be utilized for Acti"/it}"
Centers. Flexible setback allowances and increased floor area ratios are two
mechanisms that will be considered within the Activi Center Plan .. and such d
Develo men be rocessed as PUD'
Specifically, these Activity Centers residential areas that contain
a mix of housing types and densities. and recreational facilities shall
also be integrated within these areas. Non-residential areas shall establish the hub
and th~ focus of the area. Retail and service establishments, including day care
cente~, government buildings, and cultural centers are allowed within the Centers.
Activity Centers should be within walking or bicycling distance to most residents.
Sidewalks should be placed on both sides of the roadways and shall be connected
to sidewalks within residential deveIgem~nts. All parking areas shall be heavily
landscaped and setback allowancesli!1ifil'li',be given for any parking located behind
buildings.
Adopted July 21, 1992
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ARTICLE V
~ 5-4
OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS
The following requirements are intended to provide exceptions to or to qualify and supplement, as the
case may be, the specific district regulations set forth in Article V:
A. An open space or lot area required for an existing building or structure shall not be counted
as open space for any other building or structure.
B. Open eaves, cornices, window sills and belt courses may project into any required yard a
distance not to exceed two (2) feet. Open porches or open fire escapes may project into a
front or rear yard a distance not to exceed five (5) feet. Fences, walls and hedges in
residential districts may be erected in any required yard, or along the edge of any yard,
provided that street corner visibility requirements of this Code shall be met, and provided
further that no fence, wall or hedge located in front of the front building line shall exceed four
(4) feet in height, and no other wall or fence shall exceed six (6) feet in height.
C. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard
shall be measured starting at a point twenty-five (25) feet from the edge of right-of-way.
D. No dwelling shall be erected on a lot which does not abut at least one street, which is at least
forty (40) feet in width, for at least twenty (20) feet. The street shall form the direct and
primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall
form only a secondary means of ingress and egress.
E. The owner of any lot of record existing at the time of the adoption of this Code that does not
meet the above criteria may apply to the Board of Adjustment for a variance for the
construction of a single-family home. The Board of Adjustment shall make a
recommendation and the City Commission shall determine that there is reasonable access
to the property, and that this action will create no adverse impact on adjacent properties,
before a variance is granted.
F. Accessory buildings which are not a part of the main building may be built in the rear yard,
but shall not cover more than thirty (30) percent of the rear yard.
G. On any corner lot, the applicable front yard setback shall apply to both street frontages.
H. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure
or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6)
Adopted July 21, 1992
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TABLE 5-2
MINIMUM ZONING DESCRIPTIONS ON PERMITTED USES
MINIMUM ZONING DESCRIPTIONS
MINIMUM MINIMUM MINIMUM MAXIMUM
MINIMUM LOT FRONT SIDE REAR BUILDING MAXIMUM MAXIMUM MINIMUM
SIZE BUILDING BUILDING BUILDING MINIMUM Sff€ IMPERVIOUS BUILDING LIVING
USE' ACTIVITY SETBACK SETBACK SETBACK LOT WIDTH COVERAGE SURFACE HEIGHT AREA
AGRICULTURAL USES
A-1, Agricultural 1 ACRE 35 FT 15 FT 50 FT 150 FT 40% 50% 35 FT 1,000 SF
A-2, Suburban % ACRE 35 FT 15 FT 40 FT 125 FT 40% 50% 35 FT 1,000 SF
RESIDENTIAL USES
RCE-1 % ACRE 35 FT 15 FT 40 FT 150 FT 40% 50% 35 FT 1,800 SF
RCE-2 1 ACRE 35 FT 15 FT 40 FT 125 FT 40% 50% 35 FT 2,000 SF
R-1, Single Family 7,000 SF 25 FT 7.5 FT 25 FT 70 FT 40% 50% 35 FT 1,000 SF
R-1A, Single Family 8,000 SF 25 FT 7.5 FT 25 FT 70 FT 40% 50% 35 FT 1,200 SF
R-1AA, Single Family 9,000 SF 25 FT 7.5 FT 30 FT 75 FT 35% 50% 35 FT 1,400 SF
R-1AAA, Single Family 10,000 SF 30 FT 7.5 FT 35 FT 85 FT 35% 50% 35 FT 1,600 SF
R-2, Single Family 7,000 SF 25 FT 6FT 25 FT 70 FT 40% 50% 35 FT 1,000 SF
R-2, Two Family Dwelling 7,500 SF 25 FT 6 FT 25 FT 75 FT 55% 70% 35 FT 650 SF
R-3, Single Family 7,000 SF 25 FT 7.5 FT 25 FT 70 FT 35%4-0~ 1e%5Q~ 35 FT 1,000 SF
650 SF PER
R-3, Duplexes 7,500 SF 25 FT 7.5 FT 25 FT 75 FT 40% 86%fjQO/4 35 FT UNIT
650 SF PER
UNIT+200 SF
EACH
BEDROOM
R-3, Threel Four Family 10,000 SF 25 FT 10 FT 30 FT 85 FT 40% 86%70% 35 FT OVER TWO
10,000 SF +4,000 650 SF PER
SF PERIDU IN UNIT +200 SF
EXCESS OF 4/2 EACH
BEDROOM
R-3, 5 or More Family 25 FT 10 FT 30 FT 85 FT 40% 86%70~ 35 FT OVER TWO
(1-2 Stories)
10,000 SF +2,500 650 SF PER
SF PERIDU IN UNIT +200 SF
EXCESS OF 4/3 EACH
R-3, 5 or More Family Dwelling BEDROOM
(3 or more stories) 35 FT 10 FT 40 FT 85 FT 30% 86%70% 35 FT (2) OVER TWO
TABLE 5-2
MINIMUM ZONING DESCRIPTIONS ON PERMITTED USES
MINIMUM ZONING DESCRIPTIONS
MINIMUM MINIMUM MINIMUM MAXIMUM
MINIMUM LOT FRONT SIDE REAR BUILDING MAXIMUM MAXIMUM MINIMUM
SIZE BUILDING BUILDING BUILDING MINIMUM 5flE IMPERVIOUS BUILDING LIVING
USEI ACTIVITY SETBACK SETBACK SETBACK LOT WIDTH COVERAGE SURFACE HEIGHT AREA
RT-1, Mobile Home Subdivision
District
(Min. 10 Ac.) 7,000 SF 20 FT 7.5 FT 20 FT
COMMERCIAL USES
PS, Professional Offices 10,000 SF 25 FT 10 FT 25 FT
& Services District
C-1 *14,000 SF 25 FT 25 FT when 30 FT
required
C-1, Single Family 25 FT 6FT 25 FT
C-2 25 FT 10 FT 20 FT
C-3 25 FT 10 FT 20 FT
INDUSTRIAL USES
1-1 35 FT **10/20 10 FT
1-2 35 FT **10/20 10 FT
SPCCIAL APPLICATION
DISTRICTS
PUD, PLANNED UNIT DEVELOPMENT
(See Article IV)
40%
50%
35 FT
100 FT
69%50%
8&%70%
35 FT
69%30%
8&%70%
35 FT
6e%40%
69%30%
69%30%
8&%50%
8&%7Q%
8&%70%
45 FT
45 FT
45 FT
8&%70% 45 FT
50%
8&%70%
45 FT
* Retail stores and shops and personal service establishments which do not exceed fourteen thousand (14,000) square feet of gross floor area and which supply the regular and customary needs of the
residents of the neighborhood and which are primarily for their convenience.
**Side yards. No building or open storage shall be located closer than ten (10) feet to one side lot line and twenty (20) feet to the other side lot line unless a special exception is granted by the City
Commission.
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