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HomeMy WebLinkAboutOrdinance 97-01 ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO TEMPORARY USES; AMENDING SECTION 5 - 8. D. OF ARTICLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO ALLOW TEMPORARY PARKING AND OCCUPANCY OF VEHICLES ON THE PROPERTY OF CHARITABLE, RELIGIOUS, PHILANTHROPIC, CIVIC, OR OTHER ORGANIZATION OF A SIMILAR NATURE UPON ISSUANCE BY THE BUILDING OFFICIAL OF A SPECIAL PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee ("City Commission") desires to amend the City's temporary use regulations as set forth in Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on December 10, 1996 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan, and following such hearing found this Ordinance to be consistent with the Ocoee Comprehensive Plan and in the best interest of the City of Ocoee, i and recommended that the City Commission adopt this Ordinance; and WHEREAS, pursuant to Chapter 163 and Section 166.041 (3) (c), Florida Statutes, the City Commission held public hearings on this Ordinance on December 17, 1996 and on January 7, 1997, after public notice and received public input with respect thereto; and WHEREAS, the City Commission finds and determines that this Ordinance is consistent with and implements the Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Temporary parkinq and Occupancy of Vehicles. Section 5-8.D. of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with additions underlined) : 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 permi t therefore: (1) sale of Christmas trees, (2) fireworks, (3) special craft sales (sale items must be made by sellers, and (4) construction trailers. 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. ~ Within all zoninq districts, a non-profit charitable, reliqious, philanthropic, civic, or other orqanization of a similar nature may allow temporary parkinq and occupancy of vehicles on its property for the purpose of conductinq charitable. 2 reliqious. philanthropic. civic and similar activities within the corporate limits of the City. for a period not exceedinq fourteen (14) days upon issuance by the Buildinq Official of a special permit to the orqanization therefor. Any orqanization seekinq a special permit under the provisions of this subsection shall complete an application form prepared by the Buildinq Official. The information provided by the orqanization on the application form shall include. but not be limited to. the followinq: 3l Name. mailinq address and phone number of applicant. Ql Name and phone number of contact person for applicant. d Street address of real property which is the sub-;ect of the application. .Ql Sketch or other information identifyinq the area within the applicant's property where the temporary parkinq and occupancy of vehicles will occur. tl Statement by the applicant that it is owner of the real property which is sub-;ect of the application. the the il The number of vehicles to be located on the real property which is the subj ect of the application with an itemization of the number of such vehicles which will be connected to electric power. The application shall be accompanied by a written consent to the proposed temporary use which is siqned by all abuttinq property owners located wi thin 300 feet of the area wi thin the property where the temporary parkinq and occupancy of vehicles will occur. The special permit shall not be issued unless the applicant submits to the Building Official the foregoing written consents. No more than two (2) such special permits may be issued to any such orqanization within a calendar year. No electric. water, or sewer connections will be permitted in connection with such temporary uses and occupancy. Electric connections will be permitted in connection with such temporary uses and occupancy sub-;ect to compliance with all applicable requirements of the City Code and 3 inspection by the City for compliance with the City Code. The maximum number of vehicles permitted on the real property and connected to electrical power will be the number set forth in the application. After a warninq by the Buildinq Official and failure of the applicant to corne into compliance wi th the special permit conditions, the Buildinq Official may revoke the special permit upon a findinq that there has been a violation of the special permit which has not been immediately corrected, in which case all vehicles parked on the property shall be required to immediately vacate the property. SECTION 3. 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 4. Codification. It is the intention of the City Commission 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. 4 SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 1 r! day of ,J;t-AJ(/fr~'t ' 1997. APPROVED: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED December 8, 1996 AND ADVERTISED December 29, 1996 READ FIRST TIME December 17, 1996 READ SECOND TIME AND ADOPTED January 7, 1997, UNDER AGENDA ITEM NO. V A. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FO~ LEGALITY this $.' day of ~ury ,1997 FOLEY & P;:i ?J kJlJ City Attorney By: C:I WP51IDOCSIOCOEITEMPUSE.ORD 11/21/971 DEBBIEH 1 PER:dh 5