HomeMy WebLinkAboutItem 09 Second 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
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: June 20, 2023
Item #: 9
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: Second 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:
The First Reading of Ordinance was held at the June 6th City Commission Meeting.
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
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
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.
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.
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.
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. Additionally, the current definition of "kennel, pet" establishes a minimum number and
age of dogs (specifically four or more dogs at an age of 6 months or older) and lists pet shops and animal
grooming in the definition.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
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. Revise the definition of "Kennel, Pet" to read as follows: "A place where dogs and other house pets are
kept, sheltered, or boarded for compensation and facilities for protection training. For activities related
to the retail sales of dogs, cats and rabbits, refer to Section 43-3 or Article I, Chapter 43, Code of
Ordinances.". This definition removes references to animal grooming (since this use can fall under the
proposed pet care services use category) and pet shops (since the retail sales of dogs, cats, and
rabbits is regulated in Chapter 43 of the Code of Ordinances) and removes the previous thresholds
based on the minimum number and age of the dogs kept at a facility.
2. 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 household pets. Pet care services do not include and forbid protection training services, pet kennels,
or the kenneling or overnight boarding or sheltering of dogs and other pets.
3. 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 modify the proposed definition of
"Kennel, Pet", to remove the reference to the breeding of dogs and other house pets for compensation.
Staff Recommendation:
With respect to the proposed amendments to the Land Development Code (LDC), staff recommends:
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
1. Approval to amend 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,
2. Approval to amend Section 2-4, Article II, Section 5-4 and Table 5-1, Article V, relative to the regulatory
provisions for pet care services, and
3. Approval to amend Table 5-1, Article V, to correct scrivener's errors relating to the agriculture and
agricultural processing use categories.
Attachments:
1. Ordinance
2. Advertisement
Financial Impacts:
None
Type of Item: Second Reading Public Hearing
Page 239 of 252
ORDINANCE NO. XXXX-XX
(LDC Update for Animal/Pet Care, Impervious Surface
Areas 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 RELATING TO
IMPERVIOUS SURFACE MATERIALS, ANIMAL-RELATED USES, AND
CORRECTION OF SCRIVENER’S ERRORS, AND ARTICLE VI, SECTION
6-4H RELATING TO IMPERVIOUS MATERIALS; 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
animal and pet care services; 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.
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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, animal kennels and pet care services, and corrections 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]
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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. _______
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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 exp ressed 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 Coverage Material: Limitations on allowable impervious lot or site
coverage are established for the following purposes Any material that redirects or modifies
the flow of water horizontally along a su rface 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 imp ervious 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 vegetati on 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)
***
(167) Kennel, Pet: Any lot or premises on which are kept four (4) or more dogs, more than six
(6) months of age, including a veterinary clinic, animal grooming or pet shop A place where
dogs and other house pets are kept, sheltered, or boarded for compensation and facilities
for protection training . For activities related to the r etail sale of dogs, cats and rabbits,
refer to Section 43-3 of Article I, Chapter 43, Code of Ordinances.
***
(185) Lot Coverage: See: Coverage, Lot.
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***
(238) Pet Care Services . 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 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.
(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 shal l 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 suffic ient 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 a reas
onto adjacent properties.
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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 e gress 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 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 obtai ned 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 resi dential 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 n o 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 requi red 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
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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.
***
ARTICLE VI
***
§ 6-4H. OFF-STREET PARKING LOT REQUIREMENTS.
***
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 246 of 252
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 -
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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 248 of 252
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 249 of 252
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 250 of 252
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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