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HomeMy WebLinkAboutItem 09 First Reading of Ordinance for an LDC Update - Articles II, V, & VI & Table 5-1 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: June 6, 2023 Item #: 9 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: First Reading of Ordinance for an LDC Update - Articles II, V, & VI & Table 5-1 Relative to Clarification on Impervious Surface Materials, Pet Care Services, and Correction of Scrivener's Errors. (Zoning Manager Whitfield) Background Summary: Issue 1. Impervious Surface Material. With respect to impervious materials, the City has been experiencing significant increases in Code compliance issues relative to the application of impervious surface materials on residential lots and its impacts on open space and drainage on the property and for the surrounding area. Specifically, there is an increase in cases or situations where property owners are requesting or have illegally installed synthetic mulch, turf, gravel, rocks, pavers, roofed pergolas, sheds, tents/canopies and other impervious materials and surfaces throughout their entire back yards or sometimes the back yards and side yards, thus eliminating open space and altering drainage flows on their lots or redirecting drainage from their lots to off-site areas. Currently, Section 2-4, LDC, does not define "impervious materials". Instead, it has a definition of "impervious lot or site coverage"; however, that definition speaks more like a purpose and intent language. There is also a definition of "impervious surface coverage"; however, it defines impervious surface coverage as a "percentage of the lot land area that is covered with impervious materials" but does not actually define impervious materials. Additionally, the open space provisions in Section 5-4 and the parking provisions in Section 6-4, which deal with impervious areas, seem to contradict each other and need to be clarified. Section 6-4H(2), in the parking regulations, establishes a 2-foot setback between the side and rear property lines where neither paved nor unpaved materials can be installed. This Section of the Code reads as follows: (2) Residential driveways, parking spaces, motor courts, sidewalks, etc.: Any residential sidewalk, driveway, parking space or other vehicle circulation area, whether of a paved surface such as asphalt, concrete or brick, or of an unpaved surface such as gravel or mulch shall be set back at least two (2) feet from the side or rear property lines. The provisions of this Code shall also apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. However, Section 5-4K, in the open space regulations, states that impervious surfaces include “impervious mulch” and that impervious mulch cannot be installed in the open space areas required for the lot. This section defines “impervious mulch” as stone, gravel and rocks used for landscaping”. Section 5-4K, LDC, currently reads as follows: K. The required open space area for a single-family residential lot shall not include covered area with any impervious materials such as stone, gravel, rock or impervious mulch materials. In no case shall any impervious materials, other than those required for sidewalks, driveways or parking area aprons, be placed within public or private roadway rights-of-way. For the purposes of this subsection, impervious mulch materials are defined as any material that significantly limits the absorption of stormwater into the ground, such as stone, gravel and rocks that are used in landscaping. Page 80 of 373 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Staff has identified a need to make a distinction between the use of natural mulch for landscaping, where there is no compaction of the ground, and the use of natural or synthetic mulch and other impervious materials (such as rocks and gravel) for parking areas and where ground compaction occurs, which inhibits the ability of water and rain to be absorbed naturally into the ground. Below is a summary of the proposed LDC amendments: 1. Clarify the definitions of impervious surface materials, and 2. Modify Section 5-4K and Section 6-4H to clearly state that impervious materials within the 2-foot side and rear setbacks are not permitted in order to preserve the required open space and maintain drainage flows and needs of the lot, and 3. Modify Section 5-4K and Section 6-4H further to clarify that natural mulch (such as pine straws,needles, pine bark, etc.) shall be considered "pervious" materials and, shall be allowed in the 2-foot side and rear yard setback areas and in open space areas when they are used for landscaping but shall be considered as "impervious" materials and shall not be allowed in the 2-foot side and rear setback areas and open space areas when they are used for parking. Issue 2: Pet Care Services. With respect to animal-related uses and pet care services, there are insufficient provisions in the Code to meet the needs of the general public. Currently, Section 2-4 Definitions only has two (2) definitions related to animals and pets. Specifically: Section 2-4(167) defines “Kennel, Pet” as “any lot or premises on which four( 4) or more dogs are kept, more than six (6) months of age, including a veterinary clinic, animal grooming or pet shop”, and Section 2-4(328) defines “Veterinary Clinic or Hospital” as “any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but not for the sale, breeding, grooming or boarding of well animals or for pet shops”. There is a reference to animals in Section 2-4(17) for “animal hospitals”, but that definition refers to the Veterinary Clinic definition. These definitions attempt to create a distinction between pet kennels and veterinary clinics/animal hospitals; however, Table 5-1 Use Regulations Table only has one (1) category for animal-related uses, titled “Veterinary Hospitals and Kennels when confined within structure”, which groups the uses in both definitions together, and that one category of use is only permitted in the C-3 and I-1 zoning districts. Table 5-1 makes no distinction between more intense animal-related uses, including canine protection training and boarding type facilities (such as dog breeding, dog kennels and veterinary clinics/hospitals that board sick animals overnight) and less intense animal-related services, including pet care facilities and non-boarding type facilities, such as pet grooming, pet-sitting/walking, or pet basic obedience facilities that do not offer or provide over-night boarding or kenneling services. However, the City currently has pet grooming facilities within the C-2, C-3 and a few PUD zoning districts where the approved land use plan includes C-2 uses. Staff has also received requests from professional dog trainers and realtors seeking zoning districts and locations where basic obedience training facilities can be permitted where the dogs are not kept overnight, but rather come with or are dropped off by their owners for a few hours of basic obedience and manners training. Thus, staff feels that there would be a public benefit to create a distinction between less intense pet care establishments offering non-boarding animal/pet services, such as grooming/hygiene, pet-sitting/walking and basic obedience training facilities versus more intensive establishments that offer animal breeding and/or overnight boarding for one (1) or more nights or intensive protection training. Below is a summary of the proposed LDC amendments: 1. Add a new definition for “Pet Care Services” to be defined as follows: “Services identified in the North American Industry Classification System (NAICS) for pet care services, including, but not limited to, pet grooming, pet-sitting/walking, and basic obedience training services, include non-medical activities and services which improve the appearance, obedience and hygiene of dogs, cats and other small animals or Page 81 of 373 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org household pets. Pet care services do not include and forbid protection training services, pet kennels, or the kenneling or over-night boarding or sheltering of dogs and other pets. 2. Modify Table 5-1 to add a new use category for “Pet Care Services when Confined within Structure” and to allow this use in the A-1, A-2, C-2, C-3 and I-1 zoning districts. Issue 3: Correction of Scrivener's Errors. Lastly, the proposed ordinance seeks to correct scrivener's errors in Table 5.1. Over the years, the “Agriculture” (less intensive uses) and “Agriculture Processing” (more intensive uses) use categories changed their order of appearance in the Uses Regulations Table 5-1 multiple times, and the majority of the time, the determination of use (P, S or prohibited) went with their respective use categories. However, in 2014, this did not happen, and the “Agriculture Processing” use category (which is more intensive) became permitted in every zoning district, while the less intensive “Agriculture” use category became prohibited in every zoning district. The proposed ordinance will reverse the "P" and "-" in the table to correct this error. Staff feels that the proposed amendments will provide needed clarity in the Code. Issue: Should the City Commission approve a proposed ordinance to amend Land Development Code (LDC) Section 2-4, Article II, Section 5-4 and Table 5-1, Article V, and Section 6-4H, Article VI, relative to the definition and use of impervious surface materials and regulatory provisions for pet care services, and to Table 5-1, Article V, to correct scrivener's errors relating to the agriculture and agricultural processing use categories? Recommendations: Planning and Zoning Commission Recommendation: The Planning and Zoning Commission considered this proposed ordinance at its May 9, 2023 public hearing. Discussions were relative to the proposed revision to the "Kennel, Pet" definition, which included facilities where dogs and other house pets are bred for compensation. Since the intent of this ordinance is to increase economic opportunities by making a distinction between more intensive animal-related uses and less intensive animal-related uses, staff has modified the proposed ordinance to retain the current definition of "Kennel, Pet", which includes "dog grooming and pet shops" and revised the language that included pet breeding as not permitted within the definition. Staff Recommendation: Staff recommends that the City Commission approve the proposed ordinance to amend Land Development Code (LDC) Section 2-4, Article II, Section 5-4 and Table 5-1, Article V, and Section 6-4H, Article VI, relative to the definition and use of impervious surface materials and regulatory provisions for pet care services, and to Table 5-1, Article V, to correct scrivener's errors relating to the agriculture and agricultural processing use categories. Attachments: 1. Ordinance Financial Impacts: None Type of Item: First Reading Page 82 of 373 ORDINANCE NO. XXXX-XX (LDC Update for Impervious Surface Materials, Pet Care Services and Correction of Scrivener’s Errors) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE ARTICLE II, SECTION 2-4 DEFINITIONS, ARTICLE V, SECTION 5-4 AND TABLE 5-1, AND ARTICLE VI, SECTION 6-4H RELATING TO IMPERVIOUS SURFACE MATERIALS, PET CARE SERVICES, AND CORRECTION OF SCRIVENER’S ERRORS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the “City”) enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City has identified internal inconsistencies and issues in Articles II, V and VI of the Land Development Code relative to the definition and application of impervious surface materials for vehicular and pedestrian circulation areas and the regulatory provisions on anima-related uses; and WHEREAS, the City has identified scrivener’s errors in Article V, Table 5-1 Use Regulations Table, relative to agriculture and agricultural processing use categories; and WHEREAS, the City has found it is necessary to resolve such internal inconsistencies, issues and scrivener’s errors in order to ensure the health, safety, and general welfare of the public; and WHEREAS, on May 9, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, held an advertised and publicly noticed public hearing and recommended approval of the amendments proposed by staff to revise Articles II, V, and VI as prescribed herein; and WHEREAS, the Ocoee City Commission, in good faith, determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public; and WHEREAS, following the advertisement and duly noticed public hearing on the Ordinance on Tuesday, June 20, 2023, the Ocoee City Commission approved the amendments to Section 2-4, Article II, Section 5-4 and Table 5-1, Article V, and Section 6-4, Article VI of the LDC. Page 83 of 373 -2- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. 2. AUTHORITY. The Ocoee 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. 3. AMENDMENT OF THE LDC. Section 2-4, Article II, Section 5-4, Article V, and Section 6-4, Article VI of the City of Ocoee Land Development Code are hereby amended to read as depicted in Exhibit “A” and Table 5-1 of Article V of the City of Ocoee Land Development Code is hereby amended to read as depicted in Exhibit “B”, with underlines representing additions and strike-throughs representing deletions, relating to impervious surface materials, pet care services, and correction of scrivener’s errors. 4. CONFLICT. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. 5. 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. 6. CODIFICATION. It is the intention of the Ocoee City Commission that the provisions stated in 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 re-lettered 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 re-lettered, and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without the need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ________ day of __________________________, 2023. [Space intentionally blank] Page 84 of 373 -3- ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ______ day of ______________, 2023. SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorney ADVERTISED ___________________, 2023 READ FIRST TIME _______________, 2023. READ SECOND TIME AND ADOPTED _______________________________, 2023. UNDER AGENDA ITEM NO. _______ Page 85 of 373 -4- EXHIBIT “A” Section 2-4, Article II, Section 5-4, Article V, and Section 6-4, Article VI of the City of Ocoee Land Development Code are hereby amended to read as follows: ARTICLE II *** § 2-4. DEFINITIONS. *** (90) Coverage, Lot: Lot coverage shall be expressed as the percentage of the lot or parcel covered by all buildings and other impervious materials located thereon, calculated by dividing the area of the building and impervious materials divided by the gross lot or parcel land area. (See also: Impervious Surface Coverage.) *** (159) Impervious Lot or Site CoverageMaterial: Limitations on allowable impervious lot or site coverage are established for the following purposesAny material that redirects or modifies the flow of water horizontally along a surface or that prohibits, prevents or otherwise significantly limits the natural absorption of water directly into the ground, including concrete, asphalt, pavers, pervious pavers, gravel, rocks, solid decking, synthetic mulch, synthetic turf, and roofs impervious to weather. Pervious materials used in landscaping will be considered impervious when used in parking areas or used for parking: (a) To provide sufficient area on each building site for landscaping and open space. (b) To protect existing vegetation including trees. (c) Sufficient recharging of aquifer. (160) Impervious Surface Coverage: The percentage of the lot land area that is covered with impervious materials, calculated by dividing the impervious material area by the lot land area. Impervious surface coverage areas include such areas as buildings, swimming pool decks, solid decks, patios, tents, driveways, etc. Standard engineering coefficients of permeability may be utilized for mixed surfaces. (See also: Coverage, Lot coverage) *** (185) Lot Coverage: See: Coverage, Lot. *** (238) Pet Care Services. Services identified in the North American Industry Classification System (NAICS) for the caring of pets, including, but not limited to, pet grooming, pet- sitting/walking, basic obedience training, and other non-medical activities and services which improve the appearance, obedience and hygiene of dogs, cats or other household pets. Pet care services do not include and forbid protection training services, pet kennels, Page 86 of 373 -5- pet breeding, or the kenneling, over-night boarding or sheltering of dogs and other house pets for compensation regardless of the number or ages of the pets. (244) Porch or Open Porch: A roofed-over space, with the roof impervious to weather, attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure. *** ARTICLE V *** § 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. Limitations on required minimum open space and maximum impervious lot or site coverage are established for the following purposes: (a) To provide sufficient area on each building site for landscaping and open space. (b) To protect existing vegetation including trees. (c) Sufficient recharging of aquifer. Thus, 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 Oopen space , as defined in Section 2-4 of Article II of this Code, or lot area required for an existing building, or structure or lot shall not be counted as open space for any other building or, structure or lot. 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, as defined in Section 2-4(244) of Article II, or open fire escapes may project into a front yard a distance not to exceed five (5) feet. 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. C.D. Any pedestrian walkway or path, patio, driveway, parking space or other vehicle circulation area, regardless of materials, including asphalt, concrete, pavers, pervious pavers, gravel, synthetic turf, and impervious mulch, shall be set back at least two (2) feet from the side and rear property lines. Pervious materials used in landscaping will be considered impervious material when used for parking. The provisions of this Code shall also apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. D.E. No dwelling shall be erected on a lot which does not abut at least one (1) 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. Page 87 of 373 -6- 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 or attached to 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. In cases where (1) two (2) corner lots adjoin at the end of a block, (2) the single-family dwelling units are designed rear-to-rear, and (3) there are no garage or main entry doorways exiting to the side front yard, then in such cases, the front side building setback shall be reduced to fifteen (15) feet from the property line. The foregoing provision applies only to new single-family dwellings for which building permits are obtained after January 15, 2008. 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) inchesand one-half (2½) feet and ten (10) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet. I. An attached or detached private garage or carport which faces on a street shall not be located closer than twenty-five (25) feet to the street right-of-way. J. Open porches may extend into the rear yard in residential districts provided that: (1) The open porch does not cover more than thirty (30) percent of the rear yard; (2) The open porch does not increase the maximum impervious surface of the lot to be greater than fifty (50) percent; (3) The open porch is no closer than seven and one-half (7½) feet to the rear lot line and no closer than seven and one-half (7½) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. K. The required open space area for a single-family residential lot shall not include covered area with any impervious materials such as stone, gravel, rock or impervious mulch materials as defined in Section 2-4 in Article II of this Code. In no case shall any impervious materials, other than those required for sidewalks, driveways or parking areadriveway aprons, be placed within public or private roadway rights-of-way. For the purposes of this subsection, impervious mulch materials are defined as any material that significantly limits the absorption of stormwater into the ground, such as stone, gravel and rocks that are used in landscaping. Page 88 of 373 -7- *** ARTICLE VI *** 2) Residential driveways, parking spaces, motor courts, sidewalks, etc.: Any residential sidewalk, driveway, parking space or other vehicle circulation area whether of a paved surface such as asphalt, concrete or brick, or of an unpaved surface such as gravel, rocks or other impervious materialsmulch shall be set back at least two (2) feet from the side or rear property lines. Pervious materials typically used for landscaping that is used for parking shall be considered impervious. The provisions of this Code shall also apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. Page 89 of 373 EXHIBIT “B” TABLE 5-1 PERMITTED USE REGULATIONS "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 Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses 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 I-2 AGRICULTURAL USES Agriculture -P -P -P -P -P -P -P -P - - - - - - Agricultural Processing P P P P P P P P - - - - - - RESIDENTIAL USES Adult Congregate Living Facility (ACLF) P P P P P P P - - - - - - - Community Residential Home, Major***** S - - - - - - - Community Residential Home, Minor P P P P P P P - - - - - - - Dwelling, Single-Family P P P P P P P - - S - - - - Dwelling, Two-Family P - - - - P P - - - - - - - Dwelling, Multi-family - - - - - - P - - - - - - - Dwelling, Mobile Home P - - - - - - P - - - - - - Mixed-Use Development (Mixed-use development will be allowed by PUD and special use districts adhering to the requirements specified in Article IV) - - - - - - - - S S S S S - Mobile Home Development - - - - - - - P - - - - - - Nursing Home - S S - - - S - - - P P P - COMMERCIAL USES Adult Entertainment Establishments - - - - - - - - - - - S - - Appliance Store - - - - - - - - - - P P P - Page 90 of 373 TABLE 5-1 PERMITTED USE REGULATIONS "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 Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses 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 I-2 Automotive Body Repair - - - - - - - - - - - - P P Automobile Parking Lot - - - - - - - - - - P P P P Automobile Repair - - - - - - - - - - - P P P Automobile Sales (New and Used) - - - - - - - - - - S P P - Automobile Service Station - - - - - - - - - - - P** P** P Automotive Wrecking or Salvage Yards - - - - - - - - - - - - - P Bar (associated with restaurant seating 45 people) - - - - - - - - - - P P P P Bars and Cocktail Lounges - - - - - - - - - - S* P P - Boat Sales and Service - - - - - - - - - - - P P - Bus Terminal - - - - - - - - - - - P P - Car Wash - - - - - - - - - - - P P - Clinic, Dental or Medical - - - - - - - - P P P P P P Commercial, Convenience - - - - - - - - - P P P P P Commercial, Convenience with Gas Sales - - - - - - - - - - S P P P Commercial, Retail - - - - - - - - - - P P P S Department Store - - - - - - - - - - P P P - 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 - Page 91 of 373 TABLE 5-1 PERMITTED USE REGULATIONS "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 Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses 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 I-2 Grocery Store/ Supermarket - - - - - - - - - - P P P - Heating and Air Conditioning Sales and Service with outside storage - - - - - - - - - - - P P - Heating, Ventilating, Plumbing Supplies, Sales, & Service - - - - - - - - - - P P P - Hospital - S S - - - - - - - P P P - Hotel or Motel - - - - - - - - - - S P P - Interior Decorating Store - - - - - - - - - - P P P - Live Entertainment Establishment - - - - - - - - - - - S - - Liquor Store, No on-premise consumption - - - - - - - - - - P P P - Mobile Home and Travel Trailer Sales - - - - - - - - - - - P P - Monument Sales - - - - - - - - - - - P P - Motor Vehicle Wholesale - - - - - - - - - - - P P P Movie Theater - - - - - - - - - - P P P - Music, Radio, TV Shop - - - - - - - - - - P P P - Nursery/ Garden Supply Store - - - - - - - - - - P P P - Pawn Shop - - - - - - - - - - - P P - Pet Care Services when confined within a building or structure P P P P P Pre-Fabricated House Sales - - - - - - - - - - - P P - Printing, Book Binding, Lithograph, and Publishing Plants - - - - - - - - - - - P P - Professional Offices - - - - - - - - P P P P P P Page 92 of 373 TABLE 5-1 PERMITTED USE REGULATIONS "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 Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses 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 I-2 Radio Broadcasting and TV Stations, Studios, & Offices - - - - - - - - - - - P P - Recreational Vehicle Park - - - - - - - - - - - S S S Restaurant - - - - - - - - - P*** P*** P*** P*** P Self-storage Facility**** - - - - - - - - - - - S S - Sign Painting Shop - - - - - - - - - - - P P - Veterinary Hospitals and Kennels when confined within structure - - - - - - - - - - - P P - INDUSTRIAL USES Borrow Pits - - - - - - - - - - - - - S Industrial Park - - - - - - - - - - - - P P Industrial, Light - - - - - - - - - - - - P P Industry, Heavy - - - - - - - - - - - - - P Transfer Station - - - - - - - - - - - - - S Truck Stop - - - - - - - - - - - - - P Warehousing/ Distribution - - - - - - - - - - - - P P PUBLIC AND SEMI-PUBLIC USES Child Care Facilities - - - - - S S - - S S S S - Church P P P S S S S S - S S S - - Club or Community Use - - - - - - S - S S S S - - Page 93 of 373 TABLE 5-1 PERMITTED USE REGULATIONS "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 Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses 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 I-2 Conservation Use P P P P P P P P P P P P P P Golf Course/ Country Club 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 Public Service, Essential P P P P P P P P P P P P P P Recreation Facility, Commercial - Indoor - - - - - - - - - - P P P P Recreation Facility, Commercial - Outdoor - - - - - - - - - - S S S S Recreation Facility, Neighborhood P P P S S S S S S S S S S S School P P P S S S S S S S S S - - Telecommunications Service Facilities Refer to Article V, Section 5-19 and Map 5-19 * Bars and Cocktail Lounges are permitted by Special Exception in the C-2 zoning districts, except as otherwise specifically permitted by separate ordinance or elsewhere in the Code. ** In Special Overlay Districts: 1. Facilities shall be limited to three (3) bays, unless a waiver is granted by the City Commission . 2. No bays shall be visible from any public right -of-way. *** In Special Overlay Districts: 1. New drive-through fast food restaurants may not have access or be located directly onto an arterial or collector roadway as designated by the City of Ocoee. 2. No drive-through lane(s) shall be visible from any public right -of-way. **** In Special Overlay Districts: 1. Self-storage is permitted only as an accessory use. An accessory use shall be defined as no more than thirty -five (35) percent of the building or parcel of land may be used for self-storage. If the mix of uses is separated on site, the self-storage area(s) visible from the roadways must be lined with office or retail frontage. 2. Any self-storage facility with frontage on an arterial street must be located behind a retail business. ***** Refer to Section 5 -15B Procedure for approval of a major community residential home. 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