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HomeMy WebLinkAboutOrdinance 516 ORDINANCE NO. 0' OJ (.. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING BY REFERENCE FLORIDA STATUTE 69-139, LAWS OF FLORIDA, REGULAR SESSION 1969, SUBJECT TO CERTAIN CHANGES DESCRIBED HEREIN. WHEREAS, the City Commission of the City of Ocoee wishes to adopt by reference all of the powers granted to it by Florida Statute 69- 139 in order to impower it to act under the powers and duties of said Statute subject to certain changes contained in the body of this ordinance, and WHEREAS, this ordinance shall be known as the "COMPREHENSIVE DEVELOP- MENT ORDINANCE OF THE CITY OF OCOEE, FLORIDA", therefore BE IT ORDAINED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. The City Commission of the City Ocoee pursuant to the authority conferred by Article VIII, Section 2 of the Constitution of the State of Florida does hereby adopt, confirm and incorporate into the City of Ocoee code by reference Florida Statute 69-139, said statute being described as "MUNICIPALITIES FURTlIER DEVELOPMENT", statute. Section 2. The aforementioned statute shall be adopted by reference subject only to the following changes: (a) All reference to "municipality", "county", governing authorities", or similar terms shall be construed to be the City of Ocoee, Florida and its corporate limits as now or hereafter established. (b) All reference to "board of county commissioners", gov- erning body", "chief governing body", shall be construed to be the City Conunission of the City of Ocoee, Florida. (c) The words "Chapter 69-139", "Senate Bill No.4", and "Be Enacted by the Legislature of the State of Florida": shall be stricken from Chaper 69-139, Laws of Florida when admended to the City of Ocoee Code of Ordinances. (d) "Section 1. Scope of Act.--", as written in the afore- mentioned Chapter 69-139 shall be revised to read "Section 4. Scope of Act.--", and all subsequent section numbers shall be changed to reflect this numbering sequence. Section 3. This ordinance shall become effective immediately upon its becoming a law. Section 4. All ordinances and parts of Ordinances in conflict herewith are hereby repealed. Section 5. Should any portion of this ordinance be held invalid then such portions as are not declared to be invalid shall remain in full force and effect. d DONE IN OPEN SESSION, at Ocoee, Orange County, Florida, this 10,' day of /' , ..'/ f i i J. I , A. D. 1970. ATTEST: l~ '~-/: 1;j,-u!"} lu '\;It II Chairman of the Comm~ssion {, ~ .;r <":,/ M xlr.",/) CITY CLERK Approved by the Mayo~/this /...,- (,L day of .1<1)). 1970. ' ~, '" .~ '\ .~ ~ " (SEAL) )t 1 j tz;:!1 ~j'4' L' ~I HUBERT W. FOX, Mayor ~ -- ~fi '.~C (I fie ~ F~~e~ R - I f/?b - lOCo ,...... ? - lv()o~'r R.- i .i\ I :I... () (1 rl i ~ 0 :) D."", j' t~.. iA/~ -- J'2~'C "J v q ,/ /DOO _Lt R.- J A/\~ .-,.... (" / ,,). :::.; ~) , ~ '..-..; .':~ / () :) i) .:) ~L1~ I ',- . ..- . 4:. .~: . -. . .. ' .' #'.' '. ... ," .. . ." .' . ~ . '. ..' ~ .. ~.. .., \~. - / \ ',--- ----:///., ~ :.. /~ . '-- '~ '--~ ---, .-___ I 't.'....; . -=.( '. ..~ ' ,/' " "', ~ -,---- - ~ \Y 1--1 I\~ Q~ ~ /\~ t ~'? s' 'il /, ,\ "\ /I~ J~~ L) , ri rj /~t.... C'VY:VL'~ City of Ocoee Zoning Ordinance 4"; C } " . ~ / I ( I \.. . ,--,,(L..(r l.:- f'vt-.... c 'x.- '- -I :'0\. '- ~ '~. -. -- -~ - .----~ -~~, ~ . . TAB LEO F CON TEN T S CHAPTER 1 - GENERAL PROVISIONS CITATION PURPOSE AND INTENm- REPEAL AND EFFECTIVE DATE INTERPRETATION APPLICATION 5.1 GENERAL 5.2 TERRITIDRIAL LIMITS 5.3 ZONING OF ANNEXED AREAS 5.4 ,NONCONFORMING BUILDINGS, STRUCTURES AND USES CHAPTER 11 - ADMINISTRATION AND ENFORCEMENT 1. 2. B · 4. 5. PAGE 1 1 1 1 2 2 2 3 1. ADMINISTRATIVE OFFICIAL 1.1 APPOINTMENT 6 1.2 POWERS AND DUTIES 6 1.3 CORRECTION OF VIOLATIONS 7 2. BUILDING PERMIT iND CERTIFICATE OF ZONING COMPLIANCE 2.1 BUILDING PERMIT REQUIRED 7 2.2 APPLICATION FOR A BUILDING REPORT 7 2.3 EXPIRATION OF A BUILDING PERMIT 8 2.4 CERTIFICATE OF ZONING COMPLIANCE 8 REQUIRED 2.5 TEMPORARY CERTIFICATE OF ZONING COMPLIANCE 8 i.6 EFFECT ON OUTSTANDING BUILDING PERMITS 9 2.7 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS.... 9 3. PLANNING AND ZONING COMMISSION 3.1 ESTABLISHMENT AND COMPOSITION 9 3.2 TERMS OF OFFICE, REMOVAL, AND VACANCY 9 3.3 OFFICERS, RULES OF PROCEDURE, EMPLOYEES, AND SALARIES 9 3.4 lPPROPRIATIONS, FEES, AND OTHER INCOME 10 3.5 FUNCTIONS, POWERS, AND DUTIES 10 3.6 USES PERMITTED ON REVIEW 10 4. BOARD OF ADJUS!MENT 4.1 ESTABLISHMENT AND COMPOSITON 12 4.2 TERMS OF OFFICE, REMOVAL, AND VACANCIES 12 4.3 OFFICERS, RULES, PROCEDURES 12 4.4 HEARINGS, APPEALS, & NOTICES 12 4.5 STAY OF PROCEEDINGS 12 4.6 POWERS AND DUTIES 13 5. DUTIES OF THE BUILDING INSPECTOR, BOARD OF ADJUSTMENT, CITY COMMISSION, AND COURTS ON MATTERS OF APPEAL 15 , :"'. ,.. 6. 7. 8. 9. 10. . . AMENDMENTS IND CHANGES 6.1 INITIATION OF PROPOSALS FOR ZONING AMENDMENTS SCHEDULE OF FEES COMPLAINTS REGARDING VIOLATION VALIDITY PENALTIES CHAPTER 111 -GENERAL PROVISIONS APPLYING TO ALL OR TO SEVERAL DISTRICTS 1. 2. 3 . 4. s. 6. 7. 8. 9. 10. OFFICIAL ZONING MAP 1.1 IN GENERAL 1.2 REPLACEMENT OF OFFICIAL ZONING MlP 1.3 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES APPLICATION OF DISTRIST REGULATIONS 2.1 APPLICATION OF REGULATIONS USES OF A MORE RESTRICTED DISTRIST 2.2 SPECIFIC DISTRICT REGULATIONS OPEN SPACE HEIGHT LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY STRUCTURES 5.1 CONSTRUCTION AND USE OF ACCESSORY STRUCTURES 5.2 ACCESSORY USES AND STRUCTURES-- LOCATION 5.3 NUMBER PRINCIPAL BUILDING PER LOT PUBLIC BUILDINGS ANa SERVICES MlJOR STREET SETBACKS STORAGE AND PARKING OF TRAILERS, COMMERCIAL VEHICLES, AND AUTOMOTIVE VEHICLES OFF STREET AUTOM0BILE AND VEHICLE PARKING AND LOADING SIGN REGULATIONS CHAPTER IV - SPECIFIC DISTRICT IEGULATIONS 1. 2. 3 · 4. 5. 6. 7. 8. 9. 10. 11." 12. 13. A-I GENERAL AGRICULTURAL DISTRICT A-2 SUBURBAN DISTRICT R-IAAA AND R-IA! SINGLE FAMILY DWELLING DISTRICTS .t ~ R-IA AND R-l SINGLE FAMILY DW!LLING DISTRICTS R-2 ONE AND TWO FAMILY DWELLING DISTRICT R-3 MULTIPLE FAMILY DWELLING DISTRICT AND PROFESSIONAL OFFICE DISTRICT C-l NEIGHBORHOOD SHOPPING DISTRICT C-2 COMMUNITY COMMERCIAL DISTRICT C-3 GENERAL COMMERCIAL DISTRICT C-4 HIGHWAY COMMERCIAL DISTRICT 1-1 RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT 1-2 RESTRICTED LIGHT INDUSTRIAL DISTRICT 1-3 GENERAL INDUSTRIAL DISTRICT PAGE 16 18 18 18 18 19 19 20 20 21 21 22 22 22 22 23 23 23 24 30 39 42 45 47 48 50 51 55 58 61 65 68 71 /.; e . CHAPTER V - MOBILE HOME REGULATIONS 1. 2. 3. 4. 5. 6. INTENT GENERAL REGULATIONS INDIVIDUAL MOBILE HOMES AND RECREATIONAL VEHICLES ON INDIVIDUAL LOTS PERMITS TO B~D OR ALTER "MOBILE HOME PARK OR SUBDIVISION 4.1 PERMITS REQUIRED 4.2 PROCEDURES 4.3 WHAT THE PRELIMINARY PLAN SHALL SHOW 4.4 WHAT THE FINAL PLAN SHALL SHOW 4.5 GENERAL REQUIREMENTS 4.6 UTILITIES 4.7 RECREATION R-T MOBILE HOME PARK DISTRICT R-T MOBILE HOME SUBDIVISION DISTRICT PAGE 76 76 76 77 78 79 80 80 82 83 84 85 CHAPTER VI -DEFINITIONS APPENDIX I -PERFORMANCE STAlDARDS 1. 2. 3. 4. 5. 6. 7. 8. "- Intent Smoke and Particulate Matter Odor Vibration Noise 'Glare and Heat Industrial Sewage and Waste Subdivision of Industrial Land 102 102 103 103 104 105 105 105 ,....- e . CHAPTER I GENERAL PROVISIONS SECTION 1 CITATION This ordinance, in pursuance of the authority granted by the legis- lature of the State of Florida in Chapter 69-139, General Laws of Florida, as duly adopted by the City Commission of the City of Ocoee, shal1 be known as the "zoningol'dinance" and the map herein referred to which is identified by the title "Official Zoning MapfT, shall be known as the "zoning map". SECTION 2 PURPOSE AND INTENT The zoning ordinance is declared to be necessary to promote the health, safety, and welfare of the inhabitants of the City of Ocoee by dividing the city into zones and regulating therein the use of land and the use and size of buildings as to height and the number of stories, the coverage of land by buildings, the size of yards and open spaces, the location of buildings and the density of population in accordance with a comprehensive development plan. This ordinance is designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitate the adequate provision of transportation, water, sewerage, shcools, parks, and other public requirements. They have been made with reasonable con- sideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 3 f REPEAL AND EFFECTIVE DATE The zoning ordinance, upon recommendation of the Ocoee Planning and Zoning Commission, was duly adopted by the City Commission of the City of Ocoee on the day of ,1971 and became effective immediately. All zoning ordinances or parts thereof and all ordinances and parts thereof which are less restrictive than this ordinance are hereby repealed, provided, however, that nothing in this ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prose- cution now pending, and/or which may have heretofore been initiated or prosecuted. SECTION 4 INTERPRETATION This ordinance shal1 be contrued as minimum requirements for the pro- motion of the public health, safety, and general welfare of the community. It is not intended by this ordinance to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties; provided however, that where this ordinance imposes a greater restriction upon the use of buildings or premises than are imposed or required by other resolutions, rules, regulations, or by lawful easements, covenants or agreements, the provisions of this ordinance shall prevail. J .... . e 2 This ordinance shall apply to all land within the corporate limits of ~......., the City of Ocoee and all land hereafter annexed to the City of Ocoee. ~ZONING OF ANNEXED LAND All land annexed shall retain the existing Orange County zoning classifi cation and shal1 be regulated by the county regulations until otherwise classified; provided, however, that in the discretion of the city commission the property annexed may be given a zoning classification or classifications under this ordinance at the time of annexation and in the ordinance of annexation. 5.2 TERRITORIAL LIMITS Except as hereinafter provided: (1) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shal1 hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with ....'all; .of- t~.: rellllatlons: hereiD,~sp.cil'i.d..lor:thtt:.diBtrict in which it is located. (2) No building or other structure shall hereafter be erected or altered: (a) To exceed the height; (b) To accommodate or house a greater number of families; (c) To occupy a greater percentage of lot area; (d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein re- quired; or in any other manner contrary to the provisions of this ordinance. (3) No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as provided herein; (4) No yard or lot existing at the time of passage of the zoning code shal1 be reduoed in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established herein, (5) Within each district, the reg~ations set by this ordin- ance shal1 be minimum regulations and shal1 apply uniformly to each class or kind of structure or land. 5.1 GENERAL SECTION 5 APPLICATION e e (3) Non-conforming Uses of Land. Where lawful use of land exists at the time of passage or amendment of this ordin- ance which is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful subject to the fol10wing provisions: (a) No such non-conforming use shall be enlarged or in- creased, or extended to occupy a greater area of land than was occupied at the time of adoption or amendment of this ordinance. (b) No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the time of adoption or amend- ment of this ordinance. (c) If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any sub- sequent use of such land shall conform to the regu- lations specified by this ordinance for the district in which such ~d is located. (4) Non-conforming Structures. Where lawful structure exists at the time or passage of this ordinance which could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains other- wise lawful subject to the following provisions: (a) No such structure may be enlarged or altered in a way which increases its non-conformity. (b) Should such structure be destroyed by act of nature or . man to an extent of more than 50% of its value as revealed by an insurance appraisal, it shall not be reconstructed except - in conformity with the provisions of this ordinance. (c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in whtch it is located after it is moved. ( 5 ) Non-conforming Uses of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the time of passage or amendment of this ordin- ance, which use would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. (b) Any non-conforming use may be extended throughout any parts of a building which were manifestly arrange or designed for such use at the time of adoption or amend- ment of this ordinance, but no such use or activity shall be extended to occupy any land outside such building. (c) If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more approp- riate to the district than the existing non-conforming use. In permitting such change, the Board of Adjust- ment may require appropriate conditions and safeguards, e e A single vacant lot, non-con~orming as to area or width and of record at the time of passage or amendment of this ordin- ance, shall be construed as falling within the meaning of the provisions of the preceding paragraph even though an adjoining lot containing a principal building may be in the same ownership. If two or more adjoining vacant lots, or combinations of vacant lots and pDrtions of vacant lots, with continuous frontage and of record at the time of passage or amendment of this ordinance are in single ownership, and such lots individually are too smal1 to meet the width or area require- ments of the district in which they are located, such groups of lots shal1 be considered as a single plot or several plots of at least minimum size, and the plot or plots in one owner- ship shall be subject to the requirements of this ordinance as to lot area and width. A non-conforming use of a structure" a non-conforming use of land, or a non-conforming use of structure and land shall not be extBnded or enlarge after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside the building, or by the addition of other uses, if such additions are of nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual con- struction was lawfully begun prior to the effective date of this ordinance or amendment hereto and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to be placing of construction materials in permanent position, fastened in a permanent _____ manner; except that where demolition or removal of an ~/ existing structure has been substantially begun preparatory :' to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that actual construction work shall be diligently. carried on until the completion of the building involved. (2) Non-conformin~ Lots of Record. In any zoning district in which single-family dwellings are permitted, not with- standing limitations imposed by other provisions of this ordinance, a single-family dwelling and customary acces- sory buildings may be erected on any smngle lot of record which cpntains an area or width less than that required for the erection of a single-family residence in the district which is in separate ownership at the time of passage or amendment o~ these regulations, provided that yard dimensions and requirements not involving width or area of lot shal1 conform to the regulations ~or the district in which such lot is located. It is the intant of this ordinance to permit these non- con~ormities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ord- inance that non-conformities shall not be enlarged upon, expanded or extended, nor shal1 existing non-conformities be used as grounds for adding other structUres or uses prohibited elsewhere in the smae district. 5.4 NONCONFORMING LOTS, USES OF LAND, STRUCTURES, STRUCTURES AND PREMISES, AND CHARACTERISTICS OF USES (1) Intent. Within the zoning districts established by this ordinance or amendments hereof there exist lots, structures, uses of land and strucbures which are lawful before this ordinance was passed or amended, but which would be pro- hibited under the terms of.this ordinance or amendment hereof. e e (d) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regu- lations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed. (e) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or aban- doned for six consecutive months or for 18 months during any three year period, the structure, or structure and premises in combinatio~, shall not thereafter be used except in conformance with the regulations of the district in which it is located. (f) Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. (6) Repairs and Maintenance. On any building devoted in whole or in any non-conforming use, work may be done in any period of 12 consecutive months on ordiance, repairs, or on repair or replacement of non-bearing wal1s, fixtures, wiring or plumbing, to an extent not exceeding 20% of the latest assessed valuation of the building, provided that the cubical content of the building as it existing at the time of passage or amendment of this ordinance shall not be increased. (7) (8 ) Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official. Uses permitted on Review not Considered Non-conforming Uses. Any use permitted on review by the planning and zoning commission or special exception by the board of adjustment shall not be considered a non-conforming use. Outdoor Advertising Signs and Structures. Any advertising sign, bil1board, commercial advertising structure, or statuary, which is iawful1y existing and maintained at the time this ordinance became effective, which does not conform with the provisions hereof shall not be structurally altered and all such nonconforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members ahall be completely removed from the premises not later than three years from the effective date of this ordinance. u~ J l e e 6 (8) Keep the board of adjustment advised of all matters other than routine duties pertaining to the enforcement of this Ordinance and to transmit all applications and records per- taining to appeals or variance$. (9) Enforce this ordinance and take all necessary steps to remedy any conditi.on found in violation by ordering in writing"the discontinuance of il1egal uses or illegal work in, progress, and may institute injunction mandamus or other appropriate action as prescribed in Article II Section 1.3. (1) Attend meetings of the city commission, planning and zoning commission, and board o! adj~stmentpertA~ning to zoning matters as requested. (2) Perecrm clerical duties related to zoning functions as may be required by the city commission, planning and zoning commission, and board of adjustment. (3) Receive petitions for zoning amendments, requests for special exceptions and uses permitted on review, and applications for consideration by the planning and zoning commission. (4) Issue a certificateof zoning compliance when these regu- lations have been followed or, to refuse to issue the same in the event of non-compliance. Written notice of such refusal and reason thereof shal1 be given to the applicant. (5) Collect the designated fees as set forth in this Ordinance for certificates of zoning compliance, . variances and appeals. (6) Make and to keep all records necessary and appropriate to the office, including record of the issuance and denial of all certificates of zoning complicarice and of receipt of complaintl of violation of this ordinance and action taken on the same. (7) Inspect any building and/or land to determine whether any violations of tbis ordinance have been committed or exist. The building inspector shall have the foloowing powers and duties: POWERS AND DUTIES 1.2 The Building Inspector of the City of Ocoee upon designation by resolution of the city commission shal1 administer and enforce this ordinance. He may be provided with the assistance of such other persons as the city commission may direct. SECTION I ADMINISTRATIVE OFFICIAL APPOINTMENT 1.1 CHAPTER II ADMINISTRATION AND ENFORCEMENT 1 e e 1.3 CORRECTION OF VIOLATIONS If the building inspector shall find that any of the prov1s1ons of this ordinance are being violated, he shall in writing notify the person responsible for such violations, indicating the nature of the violation and ordering the action aecessary to correct it. The building inspector shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of additions, alternations or structural changes thereto: discontinuance of il1egal work being done; or shall take any other action necessary to insure com- pliance with this ordinance or to prevent violations of its privisions. SECTI~N 2 BUILDING PERMIT AND CERTIFICATE OF ZONING COMPLIANCE REQUIRED 2.1 BUILDING PERMIT REQUIRED No building or other structure shall be erected, moved, added to or structural1y altered without a permit therefore, issued by the building inspector, 111 applications for building permits shal1 be in accordance with the requirements of this ordinance unless upon written order from the board of adjustment, no build- ing permit shal1 be issued except in complete conformity with the provisions of this ordinance. 2.2 APPLICATION FOR A BUILDING PERMIT Whenever any structure or building is to be improved in an amount exceeding one hundred dollars($100.00), or erected, moved, or structural1y altered, or any mobile home park or subdivision is to be established, a building permit shall be obtained from the build- ing inspector. The applicant for a building permit may be required to furnish the following additional informatDn: (1) Two copies of plot plan, drawn to scale, showing the exact size, shape, and dimensions of the lot to be built upon, the exact size and location on the lot of all existing build- ings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrange- ment, number of parking stal1s, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities. (2) A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accomodates and which each existing and proposed building is designed to accomodate. (3) Additional information relating to the proposed improvement needed to determine compliance with these regulations. (4) A survey prepared by a surveyor registered in the State of Florida of the boundaries of the lot on which the improve- ment is proposed to be located and a legal description. One copy of the plot plan shall be returned to the applicant by the building inspector after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The record copy of"lthe plans, similarly marked, shal1 be retained by the building inspector. l. . e 8 1 temporary certificate of zoning compliance may be issued by the building inspector for a period not exceeding six months during alternations or the partial occupanc~ of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safe'y of the occupants and the public. Temporary certificates may also be issued for bazaars, carnivals, religious revivals, construction offices and similar uses. Such certificate shall be issued for a fixed period of time, but not to exceed ninety(90) days, and shal1 be subject to such limitations as the building inspector may impose to protect the character of the district affected, and may be considered for reapplication. TEMPORARY CERTIFICATE OF ZONING COMPLIANCE 2.5 No permit for erection, alteration, moving or repair of any building shall be issued until an application has been maae~for a certificate of zoning compliance. The building inspector shall maintain a record of all certificates of zoning co~pliance, and copies shall be furnished upon request to any pereon having an interest as proprietor or tenant in the premises affected. No land shal1 be ~Bed or occupied (except for agricultural purposes); and no building hereafter erected, structurally altered, moved or extended shall be used; and no land or build- ing shall be changed in use'until a certificate of zoning compliance shall have been issued by the building inspector stating that the proposed use of the building or land conforms to the requirements of this ordiance. lpplication for such certificate shall be made at the same time as the application for a building permit, and the information required shall be included on the form for building permit. The certificate of zoni~g oompliance shall be issued within 10 days after the erection or structural alteration of such build- ing or part of building has been completed in conformity with the provisions of this ordinance and upon written request to the building inspector. No non-conforming use shall be maintained, renewed, changed or extended until a certificate of zoning compliance shall have been issued by the building inspector, stating specifical1y the matters wherein the non-conforming use differs from the pro- visions of this ordinance. CERTIFICATE OF ZONING COMPLIANCE REQUIRED 2.4 If the work described in any building permit has not been begun within 90 days from the date of issuance thereof, said permit shall expire and be cancelled by the building inspector, and notice thereof shall be given in writing to the persons affected. If the work described in any building permit has not been sub- stantially completed within one year of the date of iSBuance thereof, said permit shall expire and be cancelled by the building inspector, and notice thereof shal1 be given in writing to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained. At the discretion of the building inspector, such special permit may be based on the original application or may require a new application. The special permit may include limitations on time allowed for substantial completion of the work, and pro- visions for a performance bond to insure such co~pletion with- in the time limit set. EXPIRATION OF A BUILDING PERMIT 2.3 ... e e 2.6 EFFECT ON OUTSTANDING BUILDING PERMITS NOthing herein shall reuqire any changes in the plan, construct- ion, size, or disignated use of any building, structure, or part thereof for which a building permit has been granted by the building inspector prior to the time of passage of this ordinance: provided, however, that where construction is not begun under such outstanding permit within a period of sixty (60) days subsequent to the passage of this ordinance or where it has not been prosecuted to completion within eighteen (18) months subsequent to passage of this ordinance any further construction or use shall be in conformity with the provisions of this ordinance. 2.7 CONSTRUCTION AND USE TO BE AS PRIDVIDED ]N APPLICATIONS, PERMITS, AND CERTIFICATES OF ZONING COMPLIANCE Buildipg permits or certificates of zoning compliance issued on the basis of plans and applications approved by the building inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. The statements made by the applicant on the building permit application are to be deemed official statements. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this ordinance herein and punishable as provided herein. A building permit issued in error shall not confer any rights or privileges on the applicant to proceed to construction, but the city shall have the duty to revoke such permit if con- struction has not commenced. 3.1 SECTION 3 PLANNING AND ZONING COMMISSION ESTABLISHMENT AND COMPOSITION The planning and zoning commission shall consist of seven members appointed by the city commission. 3.2 TERMS OF OFFICE, REMOVAL FROM OFFICE, AND VACANCIES Members of the planning and zoning commission shall be appointed for staggered terms of such length as may be d~termined by the city commission and shall serve until their successors are annointed. Original appointments may be made for a lesser number of years so that the terms of the said members shall be staggered. The city commission is authorized to remove any member of the planning and zoning commission for cause after written notice and public hearing. Any vacancy occurring during the unexpired term of office of any member shall be filled by the city commission for the remainder of the term. Such vacancy shall be filled within thirty(30) days after the vacancy occurs. 3.3 OFFICERS, RULES OF PROCEDURE, EMPLOYEES, AND SALARIES (1) The planning and zoning commission shall elect a chairman and a vice-chairman from among its members. The commission shall appoint a secretary who may be the executive director of the commission or an employee of the City of Ocoee. (2) The commission shall meet at regular intervals to be deter- mined by it and at such other times as the chairman or commission may determine. It shall adopt rules for the transaction of its business and shall keep a properly indexed record of its resolutions, transactions, findings and determinations, which record shall be a public record. All meetings of the commission shall be public. 9 J e e 10 The planning and zoning commission is empowered to hear and decide only such uses permitted on review as it is specifically authorized to pass on by the terms of this ordinance to decide such questions as are involved in determining whether uses per- mitted on review should be granted; and to grant uses permitted on review when not in harmony with the purpose and intent of this ordinance. A use permitted on review shall not be granted by the 'planning and zoning commission unless and until: (I) A written application for a use permitted on review is sub- mitted indicating the section of this ordinance under which the use permitted on review is allowed and stating the grounds on which it is requested; (2) Notice shal1 be given at least fifteen(15} days in ad- vance of public hearing. The owner of the property for which use permitted on review is sought or his agent shall be notified by mail. Notice of such hearings'shall be posted on the ,property for which use permitted on review is requested, at the Ocoee City,:;, BalI, The functiDns, p~ers, and duties of the planning and zoning commission shall be, in general and in addition to any functions, powers, and duties specified in this ordinance -to: (I) Acquire and aaintain such information and materials as are necessary to an understanding of past trends, present conditions and forces at work to cause cnanges in these conditiDns. Such information and material may include maps and photographs of man-made and natural physical features of the area concerned, statistics on past trends and present conditions with respect to populatbn, property values, economic base, land use and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the area and its various parts. (2) Prepare, adopt and from time to time amend and revise a comprehensive and coordinated general pIan for meeting present requirements and such future requirements as may be foreseen. (3) Establish principles and policies for guiding action in the development of the City of Ocoee. (4) Conduct such public hearings as may be required to gather information necessary for the drafting, astablishment and maintenance of the comprehensive pIan and such additional public hearings as are necessary. (5) Make or cause to be made any necessary special studies on the 10cation, condition and adequacy of specific facilities in the area. These may include but are not limited to studies on housing, commercial and industrial conditions and facilities, public and private utilities and traffic, transportation and parking. USES PERMITTED ON REVIEW: CONDITIONS GOVERNING APPLIClTIONS AND PORCEDURES FUNCTIONS, POWERS AND DUTIES The city commission may make appropriations for salaries, fees, and expenses necessary to conduct the work of the planning and zoning commission. APPROPRIATIONS, FEES, AND OTHER INCOME (3) The commission may, subject to the approval of the city commission and within the financial limitations set by approp- reations made or other funds available, employ such experts, technicians, and staff as may be deemed proper and pay their salaries, contractural charges and fees, and such other expenses as are necessary to conduct the work of the commission. ..... 3.6 3.5/ 3.4 . e and in one other public place at least fifteen(15) days prior to the public hearing; and notice shall be given in a newspaper ~j of general circulation in the area and by certified mail to all I owners of property within three hundred feet(300) of the boundary lines of the property for which the use permitted on review is requested (3) A public hearing shall be held. Any interest party may appear in person, or by agent or attorney. (4) The planning and zoning commission shall make a finding that it is empowered under the section of this ordinance decribed in the application to grant the use permitted on review, and that the granting of the use permitted on review will not ad- versely affect the public interest; (5) Before any use 'permitted on review shall issue, the planning and zoning commission shall make a written finding certifying compliance with the specific rules governing individual use permitted on review and that satisfactory provision and arrange- ment has been made concerning the following, where applicable: (a) (b) ( c ) (d) (e) (f) Ingress and egress to property and proposed struc- tures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Off-street parking and loading areas, where required, with particular attention to the items in(l) above and the economic, noise, blare, or odor effects of the special exception on adjoining properties and properties general1y in the district; Refuse and service areas, with particular reference to the items in (1) and l2) above; Utilities, with reference to locations, availability, and compatibility; Screening and buffering with reference to type, di- mensions and character; Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the districts; Required yards and other open space; and General compatibility with adjacent properties and other property in the district. (6) If the planning and zoning commission shall deny a use permitted on review, it shall state ful1y in its records its reasons for taking such action. Such reasons shal1 take into account the points state in (a) through (h) above, or such of them as may be applicatiie that are relative to the action of denial. (g) (h) Action taken by the planning and zoning commission to grant a use, permitted on review, or to grant a use permitted on review with conditions and safeguards, or to deny a use permitted on review ~' shall be deemed final unless a reque~t is filed with the ci~y clerk within fifteen(15) days from the date of such decision requesting the city commission to review such decision. Any person aggrieved' by action of the city commission affirming or denying such decision by the planning and zoning commission may seek recourse to the courts as provided in Chapter II, Section 5. 11 e . 12 An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certified to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property, In such case proceedings shall not be stayed other than bya restraining order which may be grabted~py the board of adjutment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. STAY OF PROCEEDINGS 4.5 Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or bureau of the governing body of the city of Ocoee affected by any decision of the building inspector. Such appeals shall be taken as provided in Section 4.6(2) and in other rules of the board, by filing with the building inspector and the board of adjustment a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board al1 papers constituting the record upon which the action appealed from was taken. The board of adjust.ent shal1 fix a reasonable time for the hearing of the appeal, give public notice thereof as wel1 as due notice to the parties in interest, and decide the same with- in a reasonable time. At the hearing, any party may appear in person or by agent or attorney. The board of adjustment shall elect a chairman and a vice- chairman from among its members and shall appoint a secretary who may be an officer or employee of the governing bdoy or of the planning commission. The board may create and fill such other offices as it may determine to be necessary for the con- duct of its duties. Terms of all offices shall be for(l) year, with eligibi~ity for reappointment. The board of adjustment shall adopt rules for transaction of its business, and saall keep a record of its resolutions, transactions, findings and deter- minations, which record shall be a public record. Meetings of the board shal1 be held at the call of the chairman and at such times as the board may determine. The chairman or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses all meetings shal1 be open to the public. HEARINGS, APPEALS, AND NOTICES 4.4 OF-FICERS, RULES, AND PROCEDURES 4.3 Members of the board of adjustment shal1 serve for overlapping terms of not less than three (3) or more than five(5) years or thereafter until their successors are appointed. Not more than a minority of the terms of such members shall expire in any one (1) year. Any member of the board of adjustment may be removed from office for cause by the appointing governing body upon written charges and after public hearing. Any vacancy occurring during the unexpired term of office of any member shal1 be fil1ed by the governing body concerned for the remainder of the term. Such vacancy shall be filled within thirty(30) days after the vacancy occurs. TERMS OF OFFICE, REMOVAL, AND VACANCIES 4.2 A board of adjustment is hereby established which shal1 consist of five members and two alternates appointed by the city com- mission. Provided, however, that no more than two members am one alternate shall concurrently be members of the planning and zoning commission, and that no .ember or alternate shall be an employee of the City of Ocoee, SECTION 4 BOARD OF ADJUSTMENT ESTABLISHMENT AND COMPOSI~ION 4.1 l e e 4.6 POWERS AND DUTIES The board of adjustment shall have the following powers and and duties: (1) The board of adjustment shall keep minutes of its pro- ceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations add other official actions, all of which shall be immediately filed in the office of the board, and shall be a public record. (2) Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this ordinance. Such appeals shall include appeals from decisions of the building inspector to refuse permits for structures or uses on grounds that the intended structure or use wuuld be dangerous or offensive because of odor, smoke, noise, glare, fumes, gas, fire or vibration, or hazardous because of danger of fire or explosion. (a) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of the building inspector under this ordinance. Such appeal shal1 be taken within thirty(JO) days after rendition of the order, requirement,decision or determination appealed from, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shal1 be in such form as presecribed by the rules of the board. (b) The building inspector shal1, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment al1 the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (c) In deciding appeals on such classes of cases, the board of adjustment shall not reverse the decision of the building inspector unless it finds that the proposed structure or use will be no moredangerous, hazardous or offensive in its operation than per- mitted principal structures and uses(other than non- conforming structures and uses) of a similar nature in the same district. (d) In exercising the above mentioned powers, the board of adjustEnt may, so 10ng as such action is in con- formity with the terms of this ordinance, reverse or affirm, whol1y or partly, or may modify the order, requirement, decision, or determination ap~ealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shal1 have the powers of the building inspector. The concurring vote of three (3) members of the board shall be necessary to reverse any odder requirements, decision, or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordin- ance or to effect any variation in the application of this ordinance. (3) Special Exceptions and Determinations. To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on under the terms of this ord= inance;to decide such questions as are involved in determin1~ when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. In granting any special exception, 13 L-...__________ ________ e e 14 !hat the grant of the variance will be in harmony with the general intent and purpose of this ordinance, and that such variance willnot be injurious to the area involved or otherwise detrimental to the public welfare. (b) Notice shall be given at least fifteen(15) days in advance of public hearing. The owner of the property for which variance is sought or his agent shall be notified by mail. Notice of such hearings shall be posted on the property for which variance is sought, at dhe city hall and in one other public place at least fifteen(15j days prior to the public hearing; and notice shall be given in a newspaper of general circulation in the area and by certified mail to all owners of property within three hundred feet(3~0') of the boundary lines of the property for which variance is requested. The public hearing shall be held. Any party may appear in person, or by agent or by attorney; The board of adjustment shall make findings that the requirements of Chapter II, Section 4.6 (4) (a) have been met by the applicant for a variance; That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant; the board shall find that such grant will not adversely affect the public interest. In granting any special exception, the board of adjustment may presecribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance. The board of adjust.ent may presecribe a reasonable time limit within which the action for which the speical exception if required shall be begun or com- pleted or both. The boaEd of adjustment shall confer with the planning commission in all cases involving requests for speical eEceptions. (4) Variances. To authorize upon appeal such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditons, a literal enforee- ment of the~rovisions of this ordinance will result in unnecessary and undue hardship. (a) A written reqUEst for a variance shall be submitted to the building inspector who shall demonstrate: That special conditons and circumstances exist which are peculiar to the land, structure or building in- volved and which are not applicable to other lands, structures or buildings in the same zoning district; That the speical conditons and circumstances do not result from the actions of the applicant; That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district. ~ ~ e . The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; The board of adjusUEnt shall further make a finding that the granting of the variance ,lill be in harmony with the general purpose and intent of this ordin- ance and wil1 not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting any variance, the board of adjustment may prescribe appropriate conditons and safeguards in conformity with this ordiance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code and punishable as provided herein. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district. SECTION 5 DUTIES OF THE BUILDING INSPECTOR, BOARD OF ADJUSTMENT, CITY COMMISSION, AND COURTS ON MATTERS OF APPEAL It is the intent of this ordinance that all questions arising in connection with its enforcement and interpretation(except as ex- pressly provided) shall be first presented to the building inspector and that such questions shal1 be presented to the board or adjustment only on appeal from the building inspector and that from the decisions of the board of adjustment, recourse shall be to the courts as pro- vided herein. It is further the intent of this ordinance that the duties of the city commission in connection with these regulations shall not in- clude hearing and passing on disputed questions which may arise in connection with the enforcement and interpretation of this ordinance, but that the procedure for determining such questions shall be as herein before stated in this section, and that the duties of the city commission in connection with this ordinance shall be only the duty of considering and passing on any proposed amendment or repeal, as provided by law, and of establishing a schedule of fees and charges as stated herein. e Appeals from Boards and Commissions. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, commission or bureau of the ci~y, may apply to the circuit court in the judicial circuit where the board of adjustment is located for judical relief within thirty(30) days after rendition of such decision. The proceedings in the circuit court shall consist either of a trial de novo, which shall be govenned by the Florida rules of civil procedure, or by petition for writ of certiorari, which shal1 be governed by the Florida appellate rules. The election of remedies shall lie with the appellant. 15 ... . e 16 The said sign shall be erected in full view of the general public on each street side of the said land by the applicant. Mail notice of time and place of hearing shal1 be sent to the owner of the subject property and his agent, if any. Notice shall be sent by certified mail to owners of property within five hundred feet (500') of the boundary of the area for which rezoning is requested. (2) Planning and Zoning Commission Study and R;commendations: Hearings. All proposed amendments shall be submitted to the planning and zoning commission for study and recommendation. The commission shall study such proposals to determine: (1) the need and justification for the change ; (2) when pertaining to the rezoning of land, the effect of the change, if any, on the particular property and on surrounding properties: (3) when pertaining to the rezoning of lnd, the amount of undeveloped land in the general area and in the.city having the same classifications as that requested; (4) the relationship of the proposed amendment to the pur- poses of the city's general planning program, with approp- riate consideration as to whether the proposed change wil1 further the purposes of this ordinance and the general planning program: (5) compliance with policies adopted in the comprehensive development plan. N recommendation for change may be considered by the p~anning and zoning commission until such time as notice of a public hearing on the proposed change has been given to the citizens of Ocoee by publication of a notice of the hearing in a newspaper of general circulation, at least fifteen (15) days in advance of the hearing. In addition, in the case of a request for a rezoning of land, a sign shall be posted on the lands which are the subject of the hearing at least fifteen(15) days prior to the date of the hearing. The sign to be posted on the said land shall be at least two feet square and shall contain substantially the fol1owing language; " A PUBLIC HEARING CONCERNING THE ZONING CL1SS- INFICATION OF THIS PROPERTY WILL BE HEALD BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF OCOEE. CALL CITY HALL FOR INFORMATION." The regulations, restrictions, and distrist boundaries,setforth in this ordinance may from time to time be amended, supplemented, changed, or repealed. The procedure shall be as fol1ows: (1) INITIATION OF PROPOSALS FOR ZONING AMENDMENTS (a) City Commission (b) Planning and Zoning Commission (c) Any department or agency of the city (d) lny individual, corporation, partnership, or agency other than those listed in la),(b), or (c) above. Al1 proposals originating under category (d) shall be sub- mitted in writing accompanied by all pertinent information which may be required by the planning and zoning commission for proper consideraton of the matter, along with payment of fees and charges as established by the city commission. SECTION 6 AMENDMENTS AND CHANGES l I e e ~ Where any notice by certified mail to property owners is ~quired under this ordinance the names and addresses of such property owners shall be deemed to be those on the current tax roIls of the City of Ocoee. r- No recommendation for amendment of this ordinance. shal1 be made by the planning and zoning commission until and unless the public hearing has been held. (3) Re ort to Cit Cmmmission: nly; earing by ity Commission. ithin sixty 0 days from the date the proposed zoning amendament is referred to it (unless a longer time be mutually agreed upon between city commission and the planning and zoning commission in the particular case) the planning and zoning commission shal1 submit its report and recommendations to the city commission. The report and recommendations of the planning and zoning commission shall be accompanied by a written statement of reasons for such recommendations. The recom- mendations and report of the planning and zoning commission shall be advisory only, and shall not be binding upon city commission. If the planning and zoning commission does not submit its report within the prescribed time, the city commission may proceed to act, on the amendment without fnrtherawaiting the report or recommendations of the plan- ning and zoning commission. The city 'commission may hold a second public hearing with official notice on the matter. If no public hearing with official not'i".c'ebe 'held 'on the matter, the city commission shall handle the same in open meeting, in the same fashion , as 'it 'handles' 'other 'it'ems' of legislative business. (4) Failure ~f CityCommi'ssion' to Act. If a planning and zoning commission recommendation for change is not acted upon by the city commission within sixty(60) days of the date of its rece~pt by city commission, the petition upon which the recommendation is based shal1 be deemed to have been denied. ~5) Limitations. No amendment to rezone property shall contain conditions, limitatins, or requirements not applicable to all other property in the district to which the particular property is rezoned. Whenever the city commission has, by amendment, cnnged the zoning classification of property, the planning and zoning commission shall not consider any petition for rezoning of anr part or all of the same property for a period of one (1) year from the effective date of the ameddatory ordinance. Whenever the planning and zoning commission has taken action to recommend the denial of a petition for the rezoning of property and that recommendation has been approved by the city commission, or when the planning and zoning commission has recommended granting a petition for the rezoning of property and the city commission has reversed that recom- mendation and denied the petition, the planning and zoning commission shall not: (a) Consider any further petition for the same rezoning of any part or all of the same pDope~ty for a period of one (1) year from the date of such action; (b) Consider a petit on for any other kind/of rezoning on any part of all of the same k property for a period of one (1) year from the date of such action. The time limits of this subsection may be waived by the affirmative vote of three(3) members of the city commission, when such action is deemed necessary to prevent injustice or to facilitate the proper development of the City of Ocoee. 17 . e l~ Any person violating any of the provisions of this ordinance, or who shall fail to abide by and obey all orders and resolutions promulgated as herein provided, shall be guilty of a misdemeanor. Each day that the violation continues shall constitute a separate violation. SECTION 10 PEN1LITIES Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof bther than the part os declared to be unconstitutjional. SECTION 9 INTERPRETATION AND VALIDITY Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a complaint but suchcomplaint shall be in writing and shall be signed by the person complaining. Such complaint stating fully the causes and basis thereof shal1 be filed with the building inspector. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance. SECTION 8 COMPLAINTS REGARDING VIOLATffiONS The city Commission hereby establishes a schedule of fees, charges, and expenses, and a collection procedure, for matters pertaining to this ordinance. The schedule of fees listed below shall be posted in the office of the building inspector and may be altered or amended only by the tity commission. Until the fol10wing applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal: An application for the rezoning of land........ A petition for interpretation of this ordinance.... A petition for/a variance from this zoning ordinance.................................... A petition for a use permitted on review by this ordinance dode....................... A land use permit fee for a mobile home park or subdivision............................ ($1.00 for mobile home space) Sign permit....,................................ SECTION 7 SCHEDULE OF FEES ~ (6) Protest Under Ch. 176.06. Florida Statu~es. In case of ~ a protest against a change in the zoning classification of property signed by the owners of twenty(20) per cent or more either of the area of the lots included in such proposed change, or those immediately adiacent in the rear thereofexten4.ing five hundred feet.500') therefrom, ''\).1 uf thu::se directly opposite thereto exterH:lilrg~fIve hundred 'feet (500') from the street frontage of such opposite lots, such amendments shal1 not become effective except by the favorable vote of threet3) members of the city commission. l e e CHAPTER III GENERAL PROVISIONS APPLYING TO ALL OR TO SEVERAL DISTRICTS SECTION 1 OFFICIAL ZONING MAP 1.1 GENERAL (1) The City of Ocoee is hereby divided into zones, or districts, as shown on the zoning map whibh, together with all ex- planatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. (2) The zoning map shall be identified by the signature of the Mayor, attested by the city clerk, and bearing the seal of the City of 10coee under the following words: @This is to certify that this is the zoning map referred to in Chapter III of Ordinance Number of the City of Ocoee, Florida." with the date of adoption of this ordinance. (3) If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the zoningmap, said changes shall be made on the zoning map promptly after the amendment has been approved by the city commission, together with an entry on the zoning map as follows: "On (date), by official action of the city commission, the following changes were made in the zoning map: (brief description of nature of change)." which entray shall be signed by the mayor and attested by the city clerk. No amendment to this ordinance which in- volves matter portrayed on the zoningmap shall become effective until after such change and entry has been made on said map. (4) No changes of any nature shall be made in the zoningmap or matter shown thereon except in conformity.ith the pro- cedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shal1 be considered to be a violation of this ordinance, punishable as provided in Chapter II Sect~on 10 of this ordinance. (5) Regardless of the existence of purported copies of the zoning map which may from time to time be made or published the zoning map in the office of the city clerk shall be the final authority as to current zoning status of lands, buildings and other structures in the City of Oocee, 1.2 REPLACEMENT OF THE OFFICIAL ZONING MAP In the event that the official' zoning map becomes damaged, de- stroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city commission may by resolution adopt a new official zoning map which shal1 supersede the prior official zoningmap. The new official zoning map may correet drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map_ The new official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words: @This is to certify that this official Zoning Map supersedes and replaces the Official Zoning Map adoped by the City of Ocoee. 19 , e e 20 Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shal1 be subject to the conditions as set forth in the regulations of the more restricted district,unless otherwise specified. SECTION 2 APPLICATION OF DISTRICT REGULATIONS APPLICATION OF REGULATION TO USES OF A MORE RESTRICTED DISTRICT 2.1 (2) Boundaries indicated as approximately fol10wing platted 10t lines shall be construed as fol10wing such 10t lines. (3) Boundaries indicates as approximately following city limits shall be construed as following city limits. (4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. (5) Boundaries indicated as fol10wing center lines of water courses shall be construed as following such center lines. Boundaries indicated as following the lake shore shal1 be c8ustrued as following the lake shore, and in the event of development of lands extending into the lake such boundaries shall be construed as moving with the lake shore 50 that new lands created in the lake shall be zoned in the same manner as adjacent uplands which were previously at the lake shore. (6) Boundaries indicated as bein~~ parallel to or extensions of features indicated in items 1 through 4 above, or paral1el to center lines of water courses, shall be construed as being in fact parallel to or extensions of such features, and if distances involved are not specifically indicated on the zoning map, such distances shall be determined by the scale of the zoning map. (7) Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by the rules above, the board of adjustment shall interpret the district boundaries. (8) Where a district boundary line divides a 10t which was in single ownership at the time of passage of this ardinance, permission may be given as a special exception to extend the regulations for either portion of the 10t not to exceed fifty feet(50) beyond the district liKe into the r~aining portion of the lot. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the fol10wing rules shall apply: (1) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shal1 be construed to fol10w such center lines. 1.3 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Unless the prior official zoning map has been 10st, or has been totally destroyed, the prior map or any significant parts there- of remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. 1 ." e . 2.2 SPECIFIC DISTRICT REGULATIONS Within each district, regulations herein set forth shall be f:iinimum regulations and shall apply uniformly to each class or kind of building or land. SECTION 3 OPEN SPACE The following requirements are intended to provide exceptions or qualify and suppleQent: as the case may be, then specific district regulations set forth in Chapter IV. (1) 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. (2) Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed two (2) feet. Open urcovered 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, pro- vided that street corner visibility requirements of this ordinance shall be met~ and provided further that no fence~ wall or hedge 10cated in front of the front building line shall exceed three (3) feet in height, and no other wal1 or fence shall exceed eight (8) feet in height. No fence or waIl shal1 extend more than ten (10) feet into any lake. (3) 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 center line of the street easement. (4) No dwel1ing shall be erected on a 10t which does not abut on at least one street, at least forty (40) feet in width, for at least twenty (20) feet. A street shal1 form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shal1 form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if there is compliance with all other provisions of this ordinance. 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 percent (30%) of the rear yard. (5) No minimum 10ts si7es and open spaces are prescribed for cownercial and industrial uses. It is the intent of this ordinance that 10ts of sufficient si::e be used by any business or industry to provide adequate parking and load- ing and u~loading space required for operation of the enter- prise. (6) On any corner lot on which a front and side yard is re- quired ~o waIl, fence. sign, structure or any plant gr 0th which obstructs sight lines at elevations between tw feet six inches and ten feet above any portion of t e vrown of the adjacent roadway shal1 be maintained n 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 fron and side 10t lines and connecting the points so estab- lished to form a sight triangel on the area of the lot adjacent to the street intersections of minor and col- lector streets. The same distance for the intersection of any street 1.'lith an arterial street as defined in the comprehensive pIan, shall be forty feet. 21 e e 22 Eo lot shall be occupied by r:1Ore than one principal building. Providing, however, that in any district more than one structure housing a permitted or permissible pl~incipal use r.lay be erected on a single lot provided that yard, area, and other requirements of this ordinance shall be Dlet for each structure as though it ~ere on an individual lot. fo part of a yard, court or other open space provided about any building or struct~re for the purpose of complying with the provisions of this ordinance 8hal1 be included as a part of a yard or other open space required under this ordi:lar:.ce for ar;other bt'.ilding or structure. 5.3 IHEJ3bR OF PRIIrCIPAL BUILDIITG PEPC:::ITTED PER LO'1' In residential districts, accessory U8es and structures shall not be 10cated in front or side yards but Gay be 10cated in rear yards; p'~vided, however, that accessory structures for the housing of ~p rsons, s1..,,~ch as guest hou~.:;es and gal'o.ge apartments, shall not be ocated in arJ.Y l~equil~ed yard., l)oi"'---StlcrTI-aiJ.:_conditioner COElpl~eSSor \J ni ts be located i-n--any/reqLi.irod.--yard.-:, On double frontage, , ~ff1rough' or corner;lots in residentio.l districts, accessory uses nd structures shall not be 10cated in either of the required front yards, but may,pe located in one but not both side yards o No separate accessory building shall be located Dithin five (5~ , feet of any other building. 5.2 i\CCESSORY us~s ,i\.ITD .STJUCTURES -- LOCATIOn f:O accessory building 3hal1 be constructed upon a lot until the construction of the cain building has been actually cot~enced, and no accessory building 3hall be used unless the main building on the ~ot is also being used. 5.1 CONSTRUC'1'IOIT AIm US~ OF )tCCI:;.,:::,s02Y S'l'lmCTURES LOCA TIm: ;',PD COHSTTIUCTIOIT OF P2IITCIP~\L ;'~I:D ACC~SS02Y ~~T2UCTunES 2EC'1'Io:r 5 (2) Chinneys, elevators, pIes, spires, tanks, to~ers and otherpro,j ections not used for hUli1an occupancy lj';ay extend above the height limit. (3) Churches, schools, hospitals, sanatorit~s, and other public o..nd ser;:i-public building~J l:'!.ay exceed the height limitation of the district if the ninir.ll1I.l depth of rear yards and the r:1inimtlTJ r.lidth of the side yards :r'equi:ced in the district are increased one (1) foot fOl~ each tr.IO (2) feet by 1'lhich the height of st~ch public or selJi-p1.~blic stl~ucture exceeds the prescribed height lir.li t. The fol101'Ting :"Gqv,irG[:ents 2.re intended to provide except-ions or qualify and suppI2~ent, as the case Day be, the specific district regulations set forth in Chapter IV. (1) In ~easuring height, a habitable basement or attic shall be counted as a story. A story in a sloping roof, the area of ~hich story at a height of four (4) feet above tl:e floor does Eot e.::ceed tHo-thirds of tJ::e floor area of the story i1:'lnwdio.tely bolO1.J it and l'lhich does not contain an independent apartment, shal1 be counted as a half r:::tory. HEIGHT DECTIOIr 4 (7) ~n attached or detached .private garage which faces on a' ctreet shall not be located closer than t~enty-five (25) feet to the street right-of-way. e e (;'''CmlIO-T 6 L~'.:.....J l ~ PUBLIC DUILDHmS MID ;:~ERVICZS 6,1. P1J::LIC S:~llVICl':S Y.~ssential ;Jervices ~ here~ii th defL1ed as services autho:cized cnYl regulated by ::~tate or l1ational public utility cor,::'--:lis sion::3 0::' ~.sTvices ov,]Eed or franchised bv tl~e Citv of Ocoee, I:1.9,V be .,' 01 .J 1ocD.ted ui thin 2,l':Y zoning distl~ict af~cer notice) public he2l~ing, ,'J,ncl ,?,pprovcJ.1 by the l}lanninE: and :oning.' cor,^u'llission. This lJJ:'O- _ to. J. L. J - J.: '1is2.o1':. cOL:p:'ehends both st:;:'l~ctures and uses and includes Gas, ~!2,ter , electricity: se~'!e:cage, and telephol1e facilities. t- . 2 PU~:LIC BUILDIEG After 'pu~)lic notice end hearing ~ the planning a::1d 7.oning CO;J- ITJ.;:sion '-lay 2,utho:_~ize tLe location in any o11ing district of ,,?,""', pu1.:>lic b1.dldin2s 8!"ected b~r. or any l1.se of, l~mnicipal cO~11"'tv "''''::1te O'~ ~;=;erlc>"~~l "'overru' "e'''''' . L~.&..!. ./~ L.Vc-.. 1 .1. aL u.._J..c:;:.i. c;: II J.j.lJ. S,,'cri"'I07~ 7 .:-J... .... ~ '.\JOf~ C:T:mET S:STBACKS 11'0:" pLi.'pOSOS of f1.~:,~'i:;l....er 3t:ceet '.-lidening, setback lines 2,::'e establish2d for certai~ streets as set out in this section. All vards reo~ircd J:':- t}'.:.is ol~clinance shall be ;:12asured fron such setback~ lines. -,;11e1'e ',"0 c',''''','L-l '~ea'j'; ;~e""ent"" ':'\~~e ",oJ. 0".... for r'} '7'011.;np- d-i ",'f-.~J.- ct '''0 po'c~tJ.' 0" .~_ . L..... .L :4 L....L.._ .1..1 hI (.....~. ..:) lJ I~_u I;,..l. W. -L.. 0 ...L..\o.J v.L. ,...J... .:'" J.... of atn:.cture, e,pp--:,J.~tei.':cancos thereto; cngn, canopy, or par~:lr:.g L,-rea ~~2~1 int~lide s~reet~ard b~ycnd the setback line, e:xept 2S spccif- J.C:::'-L17 .set out ~~; tIns ordJ.l12.l1ce. (1) For 0.11 arterial streets described i2 the General Plan, the required setbact shal1 be fifty-three feet pIus tho yard require8ents as set forth in the ~oning district. (2) In 211 cO~Jercial and industrial districts, no building or otLer structll.j,~O shall be erected Hithin thirty-fi vo feet of the centor' line of any st:.~eet '\11'1ero 0, greater setbad: has not been established. (3) In cOI:],;'.lerci2~1 and industrial distJ.~icts, off-street p2.l~ldng is permitted in the area botueen the street line and the c-;etb2cl: line; provided that (1) such off-stJ.~eet paj:-lcil':.g ;:::110.11 :lot be counted in meeting the r.1iniw.IJ11 off-st:~cet lX1.1~~inF J.~eouireElents set out in the schedule of district ~egula~ionil and (2) the parking shall be so arranged as not to cause ha~ard to pedestrian or automotive traffic. ~~:~:CTIor S I STOR;\G:C .::"FD PA:0'.KIITG OF TRAIVmB, CO: =:l:;RCIi~J., VEHICLES: MTD !,UTOMOTIVI.; VEHICLI:S CO~E~Grcial vehicles and trailers of all types, r'}y" '. rr r'}','r' 1, "ll' '0' "~lQ' ""o'"'J'lo hone'" C'1-'~11 not C"'''''L)~n,:., G,Hd ua,. La c.;.,. '" r.;. ___ ." <;) <;)l...c. stored on any, lot occupied by a duelling or on ~esidenti2l district except in accordance tlith ~"l'O'li ~.: on::-,. . ...-' _I.....L 1 .-_ . including tI'Ctvel) be par;:ed 0:;:' cU1~r lot in E',n:~ the; follO'.':ing (].) iTot 1;:O:C8 than one coriD1crcial vehicle, ~Thich doec not e::c OGd one and one-he,lf (l~) ton:::: :.'atod capo.ci t:~, per fa;':ily Ii vine Ol1 the p:'enise3, ~;ho,11 be po::,,^:i ttc:cl; 2nd in ~o case 5h2l1 2 cO~lercial vohicle ~Ged for j'~'ll";'1r,- e---r>lo~'J..~re'" g",""oJ ';"0 or 1 iCll1ified 'Jet"'ol ('Vf" ,I...~..l. ...l-J.. c.) ..t.:..lJ I.J V 0, c~~ ...I...1J. -,-. .l.. n -- 1_ products bo persittod. 23 e e 24 The area required for off-street parking shal1 be in addition to the yard areas herein required; except that the front yard required in cO!lu-nercial or industrial districts tIay be used for 'Lmcovered parking area; and further provided that the front yard required in residential districts may be l;,sed for the uncovered parking area for six (6) or less vehicles associated ~'li th a residential l-.se i'lhen the 2l~ea is surfaced 1;lith a sealed sUl~face pavement adequate to prevent the occurrence of mud and dust with continued use, and :Gla~ be used for uncovered parldng c.rea for more than six (6) vehicles in accordance with the provisions of Section 9.6. Off-street parking and loading space shall be a part of the required open space associated 1'lith the perI7litted use and shal1 not be reduced or encroached upon in any "lanner. 9 3 DPnUIP~D OP~I~ npnc~ . J.,,~ \.:.i ll.~ .CJ 'i LJ _-.l. J..:J Each application for a building perr:lit or certificate of ~oniLg compliance subuitted to tbe building inspector as provided for in this ordinance shal1 include information as to the location and dliaensions of off-street parking and 'loading space and the means of ingress and egress to such space. This infor~ation shal1 be in sufficient detail to enable the building inspector to deter;-line lilhether or not the requireoents of this section are net. 9.2 C:::mTIFIC1I.TE OF =':nTr::Tf: PARKHm EEQUIREllENTS It is the intent of these requirenents that adequate parking and loading facilities be provided off the street easement for each use of land covered by this ordinance. Require- ments are intended to be based on the demand created by each nse. There .'3hall be pl~ovided at the time of the erec- tion of any building, or at the time any principal building is enlarged or increased in capacity by adding duelling units: guest rooms, seats: or floor area; or before conversion from one tj~e of use or occupancy to another, permanent off-street parldng space in the amount specified by this section. Such parking space ..1ay be provided in a parking garage or properly graded open space, as provided herein. 9.1 IHTEI;T !~rm LPPLIC!~ TIOlJ OFF - STP..EET _~ UTO DB ILE AND VEHICL~:; PAHKIHG AND LOADIEG SECTION 9 ( 2) Hot more than 'one campii1g or travel trailer or hauling trailer per fal~lily living on the premises shall be l)er,',:itted and said trailer shall not- exceed ti"Jenty-four t24) feet in length, Ol~ eight (8) feet in uidth; and further provided that 0aid tl~ailer shall not be parked or stored for more than forty-eight (4$) hours unless it is 10cated betind the front yard building line. A ca:::ping or travel trailer, or caraper vehicle, shall Lot be occupied either temporarily or perwanently 't;lhile it is parked or stored in any residential dist~:,ict, except when it is located in an authorized mobile hoee park. (3) Disabled vehicles or trailers of any kind or type shall not be parked or stored in any residentially zoned property for Elore than one (1) r:lonth unkes s in a completely en- closed building or carport. 1 e e ';:'., L~ LOC,:SIO~T OF OFF-::TEEET PAD.KIITG The parl:ing space provided herein shall be provided on the SE~; Ie lot ",:here the pj,~incip2.1 use is 10cated or \1ithin fom~ l1El,dl~ed (400) feet from the pl'incipal entrances ac measured along the most direct pedestrian walkway~ Said land shall be used for no other purpose so long as no other adequate provisions of parl:ing space neeting the reqr,L'e;,;ents of this ordinance hCl,ve been made for the :p::..~i;:;cipal l~se. S'..5 JOIlJT P)J1KIHG FACILITIDS ',J1'3i1GV')l' t~:o or ;ilore uses are located together in a COIJli10n building, shopping center or other integrated building cor.:ple;c, the parking i'eqldrel;lents may be COl:lplied Hith by providi::g a perl,w,nent common parking facility, cooperatively est3.i:;lished and ope:c'ated., l1hich contaj_ns the reauisite mlLber of sp2ces for 82.C1-: use. 'The total nm,lber of spaces provided ,,:::113.11 not be less than the 51..1.:11 of the individual requirements. Provided, h01Jever, that l'lhen the parking cleuands of different l),ses OCC1)r at differ-::nt tiEles, joint use I.lay be Gade of pal'l~il1g spaces, as a use pe~~itted on review. provided: (1) A nota~:'i:",ed statemer.t from all propert~T Oi'mers Llvol ved must be presented 1 indicating that t1:e 2.cti vi ties of each sepa:('ate bl'ilding or use ';-!hicL creo.tes ,'3, denland for parkiag OCC1.TS at differe~t times. (2) Such state;,;ent must ij,1clude an 2greell~ent beti'leen ~he pa~'ties iEvolved indicating l~espollSibility lor :.,alnt.e:lance. (:3 ) 0uch aGree':}~n'~ shall be perpetFal. S., 6 OFF-~Till;:ST pumnm LO'1'3 IE Fm3IDI;ITTI.:~L DISTraCTS ',:henever off-st::."2et p2,rldng 10ts for ;-:lOre than 3i~c (6) v8hicle~j elre to be 10cated Ili thin or ad,'] acent to a :CGS- ide~tial district, the follotling provisions shal1 apply: (1 ) All sides of the lot Dithin or abutting the residential district shall be enclosed ~ith ,'.:creen. E;uch screen :l::~Y be in the forn of ';;al1s, fences, or landscaping; ,shall be at least si:: (6) feet in height; and shall be at least fifty per cent (50%) opaque as viewed fron any point along said residential 10t line, :!hen landscaping is u~ed for screening, the height and opacity :r'eol1.irer:entc: shall be attained Idthin eighteen (16) months after open storage uses are established. ( 2) Fo parlcing :::;hal1 be penni tted v;i thin a front yard setback line established fifteen (15) feet behii1d the front property line of intorior and corner 10t;:: Hherever the parking lot is located in 8, l'esidential district or imnediately abuts the front ~ra"-~d of a residential uLi t. In all other- cases no set'oe,cl: shall be req1..dred. 25 e e 26 (b) D1'lel1ing; illV~ tiple-fe.:~-dly: The number of spaces provided shall not, be less than one and one-half (11) times the nlITJber of d'l'lel1ing units. (c) Hotels, motels, boarding or rooming houses, or tourist houses: One (1) parking space for each bedroon, plus one (1) additional space for a resident OI:mer or manager, and one (1) additional space for each three (3) enployees. (d) Club, 10dge, or fraternity: One (1) space for each bedroom pIus one (1) parking space for each fifty (50) square feet of floor area used for assembly or recreation. Dormitories: One (1) space for each three (3) beds. (1) R.esidential; Hotel, and ;:,Totel, and Lodge (2) DI'lelling, sil:gle-fa;,1ily or duplex: 11'10 (2) par~ing spaces for each separate duelling mli t ,:1i thin the structure. Off-street parl:ing spaces shal1 be provided according to the follol'ling mini;;n:Ul1 :cequireElents: A~,;OUHT OF OFF-STR:8ET P,;\RKE:G o '7 ./. ( (8) All entrances, exits, barricades at side1'lal1C[-~ and drainage plans shal1 be,:,a,pproved by the building inspector. (9) Only one ent:;:ance and e:dt sign (uaximuEl (2) square feet) and a sign no larger than two sqv,are feet unillmninated prescribing parking regl..uations may be erected at each entrance or exit. Po other signs shall be per;-nitted. (7) The lot way be used only for parking and not for any type 10ading, sales, dead storage repair ~ork, disuantling: servicing or play frecroation) area. (5) Al1 of the lot used for parking and driveway purposes shall be paved ~ith a sealed surface paveuent a~d maintained in such a ~anner that no .dust ',Jill be produced by contim,ed 'L.lse. (6) \~TIenever lighting is provided, the intensity of light and arrangement of reflectors shal1 be such as not to interfere 11ith residential distl~ict use. (4) Driveways used for ingress and egress shall be confined to and shall not exceed ti'lentv- five (25) feet in Hidth, exclusive of curb r~etl1.1.~11S . (3) All yards shall be landscaped with grass and shrubs and caintained in good condition the year round. l e e ( 2) tIo_s.pJ~cal_)_QliJ.li~_~:X1sL}Tur_silV; HO;~12 (a) Hospital: One (1) space for each fou~ patient beds, exclusive of bassinets, plus Ojle (1) space fOl~ each staff or visitin~ doctor plus one (1) space for each th:i:ce. (~) employ~es includil',g nurses, pIt,S on8 Vlsltor partlng space fo~ e~ch ....l-'~"e (')) '0 "'dr' ul"c- ndeq'...,....e "1r~e'.) "'or v. 1.1 '-..... . ;,,' "....~:.: J".: v~l-.' -::.1. L'.<"\. U G. LA...L the lJar::L-lg of 8;~~er[;ency vehicles. (b) :',;3dical or dental clinic or office: 8i::: (6) spaces per doctor pIus one (1) space for 2&ch t~o (2) emplo~ees. (c ) :~:<:m&torit1J::, convalescent or l1l1.l'siEg hOi,18: One (1) space for each six (6) patient beds pIus one (1) space for each staff O~ 7i::.:iting doctor plnsone (J.) sp2,ce for each teTO (2) euployoes includinG r.._ll:-('~~ l~1G. (3) 9J1.2:'E,ch 2,115L')91100l ( cd Chnl~ch: One nar1:in2" GUilCe for ever3r f01T (4) 'C>'~""'~ or ~~-';-.L'+':""(30"') C-Ol'a-"e I""eot -i', "_' 0f_... V\.,,'" uJ.....J... \J" .. \.J .1. _ .. "- -...i_ .....1,0 l-::>"'7"",,'t '.)C"':'o'''~'Dlol ,! 21~C\q ... Tf l'0''''')1r'''r~ "-1'-0 v -.......o. c:'..- t:.;..._...\.~ l.....1oJ~J~........ J ... ~.....~.. _..~ J. \",..." -::. .~ ~ J....'" f2CJ,llt'. 1S Jocated 1)::"~O:~:_;:late to D.n olf-::'crc;et ""'-::>'Y'~'-;'1C"" ~','ea. ~11tonded' to C'Cp1rO ;::110-,.1~er' l',C~O "11,d .c.....L .......1. <." c._ ..L v 0 '-'_ ~ ~ ._. lJJ._ ,.".-.' '-' ("...... the Cbn'l'ch can attain pel'rtission of the OI'mer then the existing :parking nay p~oyidc: up to fift~~ percent (50%) of the pad:ing :.~eql1.ired 0;7 the church. (b) ::leusnti.::(T school and:nlior High ;:';cl:001: 0:10 (1) r:pctce for e2ch. ~Ol1.r (4) S02,t,'. in ti;e G~r;se:,oly hall, or 11 no 2,sse,':bly 1'1811, the:l one (1) space for each t~:o (2) Clil- DIo,rees L1.cludil1g te2,ch(:lrs C',nd adLlinis- t:'ators; plus one space for ec.ch thL'ty (30) c,:tudents. , I I (c) :~enio:i.' Eigh School: 01":.e (1) PQ,r1:irlg ::.-pace for each ten c.tudent:;; for 17hich the bl',ilding ',!'-....;:, desir.Tned nll',s one (1) space for 8c,ch I...J ... .. . . class::.'oou and 2,clLln1,";'t,J.'at1 ve offlce. (1;.) PL.\C=:.S OF ,'.!:11.'.E'eElen"0 or ~~sseLbly l~ot Listed :::;lr,c'::l'lere ( a) (b) ( c ) Pl::oc8:-: of a:",l1Selii.ent 0:" 2,~'s8c1)ly cor;t~iniEG f-'----d' '"-O'~"-~. One (1) ~p"'ce "'or e"c1'" J_'~-"c>r.> .. ...L_...".; _ ...,r:~c,. v..' . \~_, c. .J. c:"..l, vJ...!.-,. ,__;:", (3) fixed oeatE provided for pat~on use. Pl2.ces of ,,1.::11',3e:j,12nt or c,sser.lbly -..'it1:Oi.:t ' fi::ed 3,-:;,,,:,,t,,: One (1) space for each Ol"e- h1md:i.~ec1. (100) r.ql1.2.re feet of flool~ or gl~o1:nd [.~-"tea ~.: 0 (~-:c.l :for d.::n.~.~~ er.'_lerl"i:, o:-c 8.~:,s G:~lbJ_:l . Pn:::;J.ic 01' Dl'iye.'l,c clFb3: Or~c (I) parl:ing ~p"'ce 101~ e"'cl-" r.-~n ..1-.,1"-..-1......:':::1..-' (It-if") ,~o"...,............. ..0(""\o.l- ,oc_ -'" -<-. ."L~-_l',..I'-<-:.\~U ,_~ ,.,'...v.c,)_','.L'-'~v of gro-3 floor space. 27 e e 2" '--, (g) Cornnercial establishr:J.ents not other1'lise classified: One (1) space for each one hundred (100) square feet of first floor area, plus one (1) 2pace for each two hundred (200) sq~are feet of floor area above the first floo:i.~, e::cl1,).ding all roons used for storage. (f) G2rage: One (1) space for each enployee on the largest shift plus five spaces for each service area or for each 300 square feet of repair or maintenance space, which- ever i0 the greater. (e) Service station: Five (5) parking spaces for each grease rack and five (5) places for each "lash racl:. ( d) Funel~al ho,~le; ~ One (I) spac e for each four (4) se2ts in the chapel pIus one (1) space for each COllll~lGrcial vehicle. (c) Drive-in restaurant or si~ilar use de- signed for curb type service: Ten (10) p2rl:ing spaces plus one (1) parking space for each ten (10) ~quaro feet of gross floor space, (not including dining area). (6) Comrael"...cj,..3.1-.:",:!1d J1.eta:iJ__ Us~ (a) Food stol'e, :::;uper:larket; and drug sto:;:'e: One (1) space for each seventy-five (75) square feet of retail sales floor area. (b) Restaurant; including bar, grill and all similar dining and/o::.' drinking es- tablis1':1jlents: One (1) space for each fOLe (h) fi::ed soc::.ts provided for patron use; pIus one (1) parking space for each seventy-five (75) square feet of floor area provided for patron use but not con- taining fi::ed seClts. (c) Post office: Four (4) spaces per service 1'lindoVl, pIus one (1) space per gover,.lment vehicle and one (1) space per four (4) employees. (b) Office building: One (1) space for each two hundred (200) ;:::qual~e feet of gross floor area 1),sed for office or si::ailar purposes. (5) Of_fice Builsiips; an_<=!.._ Post Office (a) Professional office (excluding doctor or dentist): One (1) parking space for each one hundred (100) square feet of gross floor space, pIus custol:lary requireLlents for 2. duelling unit if the use is a horne occupation. 1 e e ('7) :,'lholesale and I,:anufacturing One (1) space for each of the first seventy (70) employees of the Elajor shift pIus one (1) space for each one and one-half (lh) additional employees of the major shift. ($) Uses Not Listed Above For all uses not covered in (4) through (7) above the planning corunission shall make a determination of the parking demand to be created by the proposed use: and the amount of parking thus determined shall be the off- street parking requirement for the permitted use. 9.:'~ OFF-STIiEET PMlKIi:G loOT RCQUIRK;EITTS 1\11 parking areas shall be surfaced \,lith a hard dustless naterial: shall be properly drained, and shall be designed 11ith regard to pedestrian safety. Each off-street parking space shall include one hundred eighty (180) square feet in addition to space for access drives and aisles. The 1:1inim.tllj1 size of each space shal1 be nine (9) feet by t't'lenty (20) feet. Off-street turning and maneuvering space shall oe provided for each 10t containing six (6) or more spaces so that no vehicle will be required to back onto or from ~ny public street or alley. 9.9 OFF-STP~ET LOADING REQUIP~~lliNTS There shall be provided on the same lot with each building or structure other than a one through four family dwel1ings here- after constructed adequate space for off-street loading, l.mloading, and the maneuvering of cormnercial vehicles. There shal1 be ~o 10ading or unloading of cor,llnercial vehicles on a pl:blic street. Off-street manev,vering space shal1 be pro- vided so that 110 backing onto or from a public street is req-l.dred. 11.11 10ading and maneuvering areas shall be sur- faced with a hard dustless material, shall be properly drained, and shall be designed with regard to pedestrian safety, and shall have direct access to a public street or alley. The nunber of off-street loading berths required by this section shall be considered as the absolute minimum and the developer shall evaluate his own needs to determine if they are greater than the mininn"uil specified by this section for purposes of this section an off-street 10ad- ing berth shall have miniffilliJ plan dimensions of twelve feet by twenty-five feet and fourteen feet overhead clearance with adequate means for ingress and egress. The number of off-street 10ading requirements shall be as follo'Vls: (1) Each retain store, storage warehouse, wholesale establish- rJent, industrial plant, factory, freight terminal, Elarket, restauI'ant, mortuary, laundry, dry cleaning establishment or similar use which has an aggregate gross floor area of: Over 10,000 sq. ft. but, not over 25,000 sq. ft. . . 1 space Over 25,000 rjq. ft. but not over 60,000 sq. ft . . . 2 spaces Over 60.000 sq. ft. but not overlaJ,OOO sq. ft.. . 3 spaces Over 120,000 ,so '-ft. but not over 200,000 sq. ft. . . 4 spaces .L, , Over 200,000 sq. ft. but not over 290,000 sq. ft. . . 5 spaces Plus for each additional 90,000 sq. ft. over 290,000 square feet or major fraction thereof........l space 29 e e 30 ( $) Address signs, not exceeding seventy-t1'TO (72) square inches in surface (3,rea and shoNing only the nUI;lerical address designations of the prenises upon T:lhich they are 10cated. (6) Signs requir'ed ty 1m: t.o be posted, unless specifically prohibited, limited or restricted; (7) Sinall unillVIJiinated signs, not exceeding 2 sq~are feet in surface area, displayed strict.ly for the direction, safety or convenience of the public, including signs idhich identify rest ;:-oor::s, pal~l:ing are2, entrances or exits, freight entrances and the like: (5) Non-co~~ercial signs posted in conjunctio~ Nith door bell or llailboxes and not exceeding 8 square inches in surface area; (4) =~~orial plaques, cornerstones, historical tablets and similar devices. (J) Temporary ~igns, totaling not over two square feet of surface area on any lot not used as co~~ercial advertising, and for a period not to exceed fourteen (14) days in any quarter cal~ endar year. It shall be the responsibility of the person who erects such a sign to have it reQoved. (2) Flags or embler.1D not used as conlTilGl~cial c:,dvf:rtising. (1) Gov:;rm:lental signs, s1),ch as traffic or similar regulatory devices, legal notices or l,,'larnings. The follo~ling; signs shall be peni.itted in all distl~icts and not subject to the requireoents of this ordinance except as regards to corner visibility, provided that ~o sign other than those listed in subsection (1) belml, ::.:hall be eJ:'8cted 11i thin or pro.] ect into (J, public right-of-vlaY. 10.2 SIG;:'J~': ;CX:S==PTED FTIO.: TI-IEEjL REQUIHZ.,I;l\JT.':.: 'l'he provisions of this ,section :-:ha11 govern the lTLlDlber, si e, 10catior, and character of all signs which shall be per;:itted as a pI'incipal or' B,ccessory 'l~ses in any z,onirg district. 10.1 G:2:FERAL SIGP REGULi, TIONS c:ZCTIOlT 10 The area reserved for off-street parking or loading space shall not be reduced in area or changed to any other use unless the per~litted use which it serves is discontinued or modified except where equivalent parl:ing or loading space is provided, 9. 1 C) PEli- .J\lTL1\JT 11ES~RVl~ TI 01': (2) A loading space req~irement Day be modified or waived by the planning and zoning co~~ission on application in the case of a ban~c; theater, l e e (9) Political signs, provided that such signs shall be l'eli:oved ;'Jithin th:i."ity (30) days after the most recent election. (10) SElall unilluf'jinated armounceoent signs con- cerning the practice of a profession, the conduct of an incidenal home occ~pation, or other c,1.1.thori~:,Gd occupation provided it is not over ttlO (2) square feet in area and is mounted flat to the ;1:a:1n 1/1a11 of the building. (11) Te;:lpol".s.ry unil1uminated real estate signs not over six (6) square feet in area displayed on the property proposed for sale or rent and no closer than five (5) feet to any property line. (12) Sign:: for c 1-:.'\.1.rch and cor.1rJl.mi ty identification no larger than ttDnty-five (25) square feet in area located on private property but no closer than five (5) feet to any property line. 10,3 PI:rrTT f.EQUI?.T:D :C:::cept as provided herein, the property Olmer upon Vlhich a sign is to be erected s11all apply to the building in- spector for a sign per2it. Such application shall be accompanied by dra~inGs descriving the location, sise, method of construction, sign face, and other details as r.:a:~ be l'eq1..ired b:" tIle building inspector to deter;j:ine c07'.:pliance l1ith the ordinance. ~ fee as ,provided in Chapter II, Section 7, may be :i."equired prior to the gl"anting of any sign permit, pro- vided that such fee shall not be required when the re- ql1.ested siGns are to acco;,lpany a b1..:ilding or strl:cture for which a rezoning is requested. The building inspector shall, ,,;'Ji thin fourteen (14) days, issue, deny, or issue subject to certain conditions a permit for the construction of such sign. Such decisions 3hall be conveyed to the applicant by mail. Should any person be aggrieved of the decision of the building in- spector, he lilay Hi thin fourteen (14) days file an intent to appeal, '\.Jith the City Clerk. Such appeal shal1 be in accordance with the administrative remedies provided herein. 10.4 GENER..4.L P..EC~UIRE~mI\TTS In addition to specific district requirements, signs \'Jil1 be sub,j ect to the following minimrun general requirer;ents. (1 ) ( 2) There shal1 be no rooftop signs. Signs located on the front of a n~rquee shall not extend vertically above or below the marquee. (3) Eo sic;n which obstTucts the viel'l of. causes confu~ion or otherHise interferes lJith, any authorized traffic signs, signals or other safety devices shall be erected at any 10cation. ( 4) No light which ressQbles an e~ergency light shall be used in connection with any sign. 31 L . e 32 (g) No advertising sign shall be located closer thar fifty (50) feet to an existing residence, or nearer than three hundred (300) feet to .s,ny residential ~oning district as Lle2St'..red 2.10nc a conr:on street right-of-l'my. (f) No advertising sign shall be located or erected closer than one hundred fifty (150) feet to a lot occupied by a church, public school, public park, or cenetaJ.~Y as measured along a conmlon street right-of-~ay. (e) ~dvertising cigns in agriCtutural districts 3hall be peroitted no closer than one thousand (1000) feet frOffi any other outdoor advertising signs on the sace side of the road. ( d) Signs advertising the same bu::'iness, or activity and facing in the sm.,e direction on anyone street shall not be closer than one-half (k) nile apart. (b) In cOliffilercial distj'icts such ;:;igns shall ;'laintain a clear height of eight (8) feet frOEl grade to the bOttOr.l of the sign should there be a traffic; pedestrian, or safety hazard created by the presence of such sign. In agric~ltural districts such signs ~hall uaintain a clear height of three (3) feet from grade to the bottom of the sign. (c) ITo advertising sign shall e:;~ceed tl'!Cnty (20) feet in length or two htTIdred (200) square feet in area. (10) ~ldveI~5si~g Si~n (2) The height of any advertising sign shall :-.ot e:::ceed the prescribed building height for the "onL1E; district in which it is 10catC:';d. (C) All signs sha11 be kept in repair and in a proper state of preservation. Signs which are no 10nger functional or are abandoned shall be re~oved or relocated b,r the owner of such 2igns within thirty (30) aays_following such disfunction. (7) Flood lighting and display 1ighting 3hall be shielded so as to prevent a direct vim'! of the light source fro@ a public right-of-way or from a residence in a residential district. (6) Di:i~ect il1 ui"linated signs shal1 be limi ted to those lightc:)d froe be1:,ind or internally to silhouette letters and figures, so as to pre- vent a direct view of the light source. (5) No flashing sign shal1 be located within three hl~ndred (300) feet of any residential district. 1 e e 10.5 lHLBER Arm SURFACE AREA For the purpose of deten:1ining number of signs, a sign chal1 be considered to be a single display surface or displa~ device containing elements organized, related, m:d composed to form a unit. '.'ihere matter is displayed ill a randora malliler llithout organized relationship of eleuents, or 1;lhere there is reasonable doubt about the relationship of elements, each element shall be con- sidered to be a single sign. The surface area of a sign shall be computed as including the ontire area ~'lithin the periphery of a regular geometric forr,}: or combinations of regv.lar geometric forms, compris- ing all of the display area of the sign and including all of the elements of the li1atter displayed. Only frames and structural members not bearing advertising matter shal1 not be included in corilputation of surface area. (For diagrans showing ~easurenlent of various tJ~es of signs, see diagraLl ;)elo1"1) . SIGNS: NUMBER,AND.SURFACE AREA 1-IEASURK 'EHT -I ~o '\ l' Area l'leasured as a triangle ;:,.rGcS. ::ieasul'ed as a triangle 1 Sign Units all related, not random display 33 e 34 1 Sign: Separate letters-- area measured as a unit e 1 Sign b .-. vRoCERIES C@(Q)Kg) 2 signs Advertising separate facilities and units not related ~ I l... Area measured as a circle --C a () ksJ '[ l.Gra~~l'"1 r. 1 ----:- ~ I e e 10.6 SIGNS IN AGRICULTURAL DISTRICTS (A-l AND A-2) The fol101'ling signs shall be pennitted. (1) One (1) non-illruninated sign, not to exceed twelve (12) square feet in area to advertise the sale, lease, or rental of property on Tilhich the sign is located. (Exempt from permit). (2) Non-illtuninated signs not over two (2) square feet in area to prevent trespassing, for safety, or for caution. (Exempt from permit). (3) For a home occupation, one (1) sign as described in Section 10.2, (10) (Exempt from permit). (4) One (1) identification wall sign not exceeding twelve' (12) square feet in area and one (1) ground, or Hall sign not over thirty-tt,'lO (32) square feet in area. (5) Outdoor advertising sign subject to provisions of Section 10.4 (10). 10.7 SIGNS IN RESIDENTIAL DISTRICTS (1 ) The following signs shall be permitted. ( 2) (3 ) ( 4) ( 5 ) One (1) non-illlliilinated sign, not to exceed six (6) square feet in area, to advertise the sale, lease or rental of property on which the sign is located. (Exempt from permit). One (1) non-illuminated sign not over two square feet (2 sq. ft.) in area to prohibit trespassing for safety, or for caution. (Exempt from permit). For a home occupation, where permissible, one (1) si~~ as permitted b~ Chapter VI, Section 10.2 ( 6 ) . \ r-lxempt from perm~ t ) . Two (2) non-illuminated, subdivision (including tl~ailer subdivision and mobile home park where permitted) ground signs, each having an area not to exceed one hundred square feet (100 sq. ft. ) ~ on a subdivision "lhile under development to advertise the sale of 10ts or new houses, provided s1).ch subdivision has an area of at least four (4) acres, and provided further that signs shall be re80ved when eighty per- cent (80%) of the individual lots or houses have been sold. One al 10t containing permitted, non-residential use, other than an accessory use, one (1) identi- fication wall sign not exceeding twelve square feet (12 sq. ft.) in area and one (1) bulletin, grotmd or waIl sign not over thirty-two square feet (32 sq. ft.) in area for each street side. 35 e e 36 The following signs shall be permitted. (1) For a shopping center, one (1) sign with one (1) square foot of surface area for each 2 feet of 10t adjacent to a street for purpose of general identification of the premises and for identification of establishments in the center by name and nature. Such sign~ if a ground or pylon sign, shall not exceed 25 feet in height. This sign shal1 not count against the formula allocation of (2)(a) belovl for individual establishments in the center. (a) l'Jo sign penni tted in (1) - (11) above shall not be animated, flashing or roof signs. Neon type signs and strip lighting are prohibited. 10. e SIGNS IN C-l NEIGHBOHHOOD SHOPPING; C-2 CO:"J~DNITY COIJl:ERCIAL, AND 0-4 HIGffi'lAY COMI;ffiRCIAL DISTRICTS (11) One (1) non-illl~inated identification wall or ground sign not over eight square feet (8 sq. ft.) in area for group dwel1ing or 10dging house. (9) One (1) 11all sign, not to exceed thirty sq~are feet (30 sq, ft.) in area on each street side to identify a multiple dwelling. (10) One (1) HaIl or ground sign not over eight square feet (8 sq. ft.) in area for pro- fessional office or clinic. (7) On a 10t containing a pennitted or permissible non-residential use, not more than two (2) temporary signs or banners each with surface area not exceeding twenty square feet (20 sq. ft.) in connection with special events, pro- vided that no such sign or banner shall be displayed longer than the duration of the special event plus one (1) week before it begins. ($) One (1) temporary construction project ground sign~ not exceeding thrity-two square feet (32 sq. ft.) in area, on each street side on which 10t abuts, such sign not to be erected more than sixty (60) days prior to time actual construction begins~ and to be removed upon co@pletion of actual construction. If con- struction is not begun 1:Jith sixty (60) days or if construction be not continuously and actively prosecuted to completion, sign shal1 be :L~eJ;J.oved. (6) On a lot containing a non-conforming use, there may be one identification sign not over twelve square feet (12 sq. ft.) in area. 1 e e (2) Wall, ground, roof, pylon, or projecting signs to advertise services or sales of pro- ducts on the premises, provided no sign shall project more than 3 feet from building wall or 15 feet above roof, and no ground or pylon signs shall exceed 25 feet in height above ground level. (3) Temporary construction signs where the surface area does not exceed fifty (50) square feet. (Exempt from permit) (4) One (1) or more signs with total combined surface area not to exceed 25 square feet to advertise premises on which erected for sale, lease, or rent. (Exempt from permit). (5) Advertising signs in C-4 High1'TaY Commercial Districts, subject to the provisions of Section 10.4 (10). (6) General P~ovisions (a) For signs in (2) above, aggregate area of allsigns shall not exceed 2~' square feet in area for each foot of building frontage of building displaying signs, or 1~ square feet in area for each foot of frontage of property occupied by build- ings, whichever is greatest, provided no single business shall display more than two (2) signs, and provided no aggregate of signs shal1 exceed 200 square feet re- gardless of building or property frontage. (b) No signs shall be erected in a manner that materially impedes visibility of moving vehicles or pedestrians on or off the pre- mises. No sign (except projecting signs) shall be erected upon or overhang any street, right-of-way, walk, or alley, except as specifically authorized. (c) Not more than one (1) sign structure, including not more than two (2) signs with total combined surface area not exceeding 100 square feet may be erected in any required yard adjacent to a street, provided that the area of such signs shall be counted in the formula allocation of ( 2) (a) above. (d) Neon signs are permitted. Strip lighting is prohibited. (e) No ground or roof sign shall be erected within 50 feet of a residential district. Sign display surface shall be oriented to- liiard the cOl1linercial district. 37 L e e 38 DISTRICT I The phrase'any use permitted in the .district'i or similar phrases shall not be construed to include uses permitted on review. SECTION II BLANKET ALLm'lANCE OF USES PERIUTTED IN A LESS RESTRICTIVE (2) Advertising signs, subject to the provisions of Section 10.4 (10). (3) For an industrial park, one (1) sign with one (1) square foot of surface area for each five (5) feet of lot adjacent to a street for pur- poses of general identification of the premises and for identification of es~ablishments in the park by name and nature. Such sign, if a ground or pylon sign shal1 not exceed twenty-five (25) feet in height. This sign shal1 not count against the formula allocation for individual establish- ments in the park. The following signs shal1 be per.mitted. (1) As for Section 10.9 (1) through (3), and in addition: (3) Signs for lease, sale or rental of premises on which erected, as for Section 10.8 (4). (4) Shopping center signs as for Section 10.8 (1). (5) General provisions. (a) For signs in (1) above, aggregate area of all signs shall not exceed 3 square feet in area for each foot of frontage occupied by building displaying signs, or 1~ square feet in area for each foot of frontage on property occupied by building, whichever may be greatest, provided no single business shall display more than three (3J signs and provided no aggregate area of signs shall exceed 400 square feet regardless of build- ing or property frontage. (b) Limitations set out in Section 10.8 (6) (b), (d), and (e) shall apply. 10.10 SIGNS PElli~ITTED IN I-I, 1-2, AND 1-3 INDUSTRIAL DISTRICTS (2) Temporary construction signs, as for Section 10. 8 (J). The fol1owing signs shall be permitted. (1) vIall, ground, roof, pylon or projecting signs to advertise services or sales of products on the premises, provided no sign shall pro- ject more than 4 feet from the building wal1 or 15 feet above roof, and no ground signs shall exceed 25 feet in height above ground level. 10.9 SIGNS IN C- 3 GENERAL C OI-ElERCIAL DISTRICTS l e e CHAPTER IV SPECIFIC DISTRICT REGULATIONS SECTION I A-I GENERAL AGRICULTURAL DISTRICT 1.1 GENERAL This district is intended to provide areas primarily for agricultural llses. It is the purpose of this district to prot~ct such uses from unplanned urbanization so long as the land therein is devoted primarily to agricultural uses. 1. 2 USES PERIHTTED Property and buildings in an 'A-l General Agricultural district shall be used only for the foIl owing purposes: (1) Single-family, two-family dwelling, or mobile home. (2) All agricultural and citrus land uses, buildings, and activities and the raising of poultry and swine as provided in 1.2 (5). (3) Transportation, pipeline and utility easements and right-of-way. (4) Temporary roadside stands for the sale of farm products grown on the premises; provided, how- ever, that up to one-third of the display area for produce may be used for the sale of products not grown on the premises. The temporary structure shall be required to set back from the road Nay an adeql:.ate distance to permit parking and ingress and egress, and shall not be constructed in such a location as would create an undue traffic hazard subject to the determination of the building inspector. (5) The raising of poultry and swine on tracts of land in excess of ten acres, provided that the number of hogs weighing more than twenty-five pounds shal1 not exceed twenty grain fed or three garbage fed swine not be located closer than tNO hundred (200) feet from the nearest property line. (6 ) All of the following uses: (a) Church and attendant educational and re- creational facilities (b) Home occupation ( c ) Library 39 e e 40 (11) Vetinary hospital or kennel (12) Poultry raising in excess of one hundred (100) birds, and swine raising subject to the fol1ow- ing additional requirements: (a) AIl pens, birds, swine, manure and waste disposal activities shal1 be located at least one thousand (1000) feet from any existing residential district. (9) Sale barn or co~~ercial feed pen for livestock (10) Temporary asphalt or cement batching plant subject to stable regulations The following uses may be permitted on revie'1:'J by the Planning and Zoning Commission in accordance with pro- cedures described in Chapter II, Section 3.6 (1) Airport or landing field (2) Cemetary, crematory, and mausoleum (3) Farm labor housing (4) Hospital, sanatorium; and convalescent home (5) Outdoor recreation activities such as a marina, boat dock; golf course (6) Public Gtable, dude ranch, livery stable, or boarding stable; when located on a tract of land of not less than ten (10) acres; pro- vided that no structure housing animals shall be closer than t1'lO hundred (200) feet from any residential district. and that the density shal1 not exceed one (1) animal per acre. (7) Home beauty-shop ($) Radio or television transmitting or receiving stations 1.3 USES PER/IITTED ON HEVIE1;v (7) Permitted accessory uses and buildings per- mitted include accessory buildings which are not a part of the main building. including barns, shed and other farm buildings, private garages and accessory buildings which are a part of the main building. (d) Park or playground or public recreation area (e) Plant nursery or greenhouse (f) Private stable (g) Private utility buildings and facilities (h) Schools 1 e e (b) The minimum lot size for poultry and swine operations shall be nine (9) acres. (c) All pens, birds, swine, manure and waste disposal activities shall be located one thousand (1000) feet from abutting pro- perty and shall be located at least two hundred (200) feet from public streets. (d) Dead birds and swine shall be disposed of in accordance with Orange County Health Department regulations. (e) Manure and other wastes shall be disposed of in accordance with Orange County Depart- ment regulations. (f) Flies and insects shall be controlled in accordance with Orange County' Rea1th De- partment regulations. (13) Other uses which are similar to the uses per- mitted herein, which would promote the intent and purposes of this district. 1.4 GENERAL REQUIREMENTS (1) Yards All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements: (a) Front yard All buildings shall set back from the street right-of-way line to provide a front yard having not less th~n thirty-five (35) feet in depth. (b) Side yard No building shall be located closer than fi,fteen (15) feet to a side lot line. {c} Rear yard No building shall be located closer than fifty (50) feet to the rear lot line. (2) Coverage Main and accessory buildings shall not cover more than forty (40) percent of the total lot area. (3) Height Restrictions No residential building shall exceed two and one-half (2~) stori~s or thirty-five (35) feet in height except as provided in Chapter III, Section 5. 41 e e 42 (3) Public school or school offering general edu- cational courses the same as ordinarily given in the public schools and having no rooms regularly used for housing or sleeping. (4) Agricultural and citrus crops. (5) The raising of farm animals, but not the operation of commercial feed pens for live- stock. On all tracts of land containing less than ten (10) acres the raising of hogs shall be prohibited, and on all other tracts the number of hogs wetghing more than twenty-five (25) pounds shall not exceed twenty (20) grain fed or three (3) garbage fed hogs. Hogs shall not be located closer than two hundred (200) feet to the property line of the tract on which they are located. Property and buildings in an A-2 Suburban District shall be used only for the following pruposes: (1) Single-family dwelling. (2) Church and attendant educational and recreational facilities. 2.2 USES PERMITTED 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. TheTefore 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. SECTION 2 A-2 SUBURBAN DISTRICT 2.1 GENERAL DESCRIPTION Minimum requirements for signs are established in Chapter III, Section 10. 1.6 SIGNS Minimum parking and loading requirements are established in Chapter III, Section 9. 1 .5 PARKING AND LOADING No lot shall be less than one (1) acre in size or less than one hundred fifty (150) feet in width. . (4) Lot Size l l e e . ,-<11.. ".. ~'l;"' ..t . (6) All of the following uses: Country club and golf course Home occupation Kennel Library Park or playground or public recreation area Plant nursery (7) Transportation, pipeline and utility easements and rights-of-way. (8) Private stable. (9) Poultry raising when limited to less than one hundred (100) birds. (10) Truck farms. (11) Raising of cows and horses provided the densities shall not exceed one animal per acre. (12) Accessory buildings which are not a part of the main building, including barns, sheds, and other farm buildings, and private garages and accessory bUildings which are a part of the main building. 2.3 USES PERMITTED ON REVIEW The following uses may be permitted on review by the planning and zoning commission in accordance with pro- cedures described in Chapter III, Section 3.6 (l) (2) (3) (4 ) (5) (6) ( 7 ) (8 ) (9 ) (10 ) Airport or landing field Cemetary, crematory, or mausoleum Farm labor housing Home beauty shop Hospital, sanatorium, or nursing home Mobile home subject to applicable provisions of Chapter 5 Private marina, boat dock, golf course or driving range, or other private outdoor recreation activity. Riding stable (commercial), when located on a tract of land of not less than ten (10) acres; provided that no structure, pen or corral hous- ing animals shall be closer than two hundred (200) feet from any property line, and provided that the density shall not exceed one (1) animal oer acre of lot area. Temporary asphalt or concrete batching plant subject to state regulations. Private utility and service structure 43 .... l L e e 44 Minimum reauirements for signs are established in Chapter III, Section 10. 2.6 SIGNS Minimum parking and loading requirements are established in Chapter III, Section 9. No lot shall be less than one-half (~) acre in area or less than one hundred and twenty-five (125) feet in width. 2.5 PARKING AND LOADING (3) Height Restrictions No building shall exceed two and one-half stories or thirty-five (35) feet in height except as pro- vided in Chapter III, Section 5. (4) Lot Size Main and accessory buildings shall not cover more than forty (40) percent of the total lot area. No building shall be located closer than ten (10) feet to a side lot line. (c) Rear yard No building shall be located closer than forty (40) feet to the rear lot line.' (2) ~overage (a) Front yard All buildings shall set back from the street right-of-way line to provide a front yard having not less than thirty-five (35) feet in depth. (b) Side yard All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements: 2.4 GENERAL REOUIREMENTS (1) Yards (12) Vetinarv hosnital or kennel. (13) Other uses which are similar to the uses per- mitted herein, which would promote the intent and purposes of this district. (1)) Telllnorary road side stands as for Section 1.2 (4). e ,e SECTION 3 R-)-AAA AND R-)-AA SINGLE FAMILY D\~ELLING DISTRICTS 3.1 GENERAL DESCRIPTION The areas included within R-l-AMand R-1-AASingle Family Dwelling Districts are intended to be single family resi- dential areas with large lots and low norulation densities. Certain structures and uses required to serve educational, reliqious, utilities, and non-commercial recreational needs of such areas are Dermitted UDon review. 3.2 USES PERMITTED Pro per t y and b u i 1 din 9 sin a n R - 1 - A AA 0 r R - I - AA Sin 9 I e Family Dwellinq District shall be used only for the following purposes: (1) Single family dwelling. (2) Boat house and boat dock as accessory uses providing the roof of said boat house does not exceed eight (8) feet above the high water line. (3) Park and recreation area. (4) Citrus grove. (5) Accessory buildings which are not a part of a main bUilding, inc1udinq one private garage, or accessory building which is a part of a main building, including one private garage. 3.3 USES PERMITTED ON REVIEW The following uses may be permitted on review by the planning and zoning commission in accordance with pro- cedures described in Chapter III, Section 3.6 (1) School as per Section 2.2 (3) ~~ Church with attendant educational buildings and ~recreationa1 facilities. (3) Private utility and service structure. (4) Boat house and dock over eight (8) feet, but not over eighteen (18) feet above the high water line, used for the shelter and storage of boats. (5) Guest cottage. (6) Golf course with customary attendant clubhouse facilities and accessory buildings. (7) Home occupation. (8) Temporary building of the construction industry which is incidental to the erection of bui1ding~ permitted in this district, and which shall be removed when construction work is completed. (9) Private utility plant 45 e e 46 Minimum reouirements for signs are established in Chapter III, Section 10. . 3.6 SIGNS Minimum parking and loading requirements are established in Chapter III, Section 9. 3.5 PARKING AND LOADING Minimum floor areas for dwelling units in R-l-AAA and R-l-tA districts shall be fifteen hundred (1500) and one thousand (1000) square feet respectively. Minimum lot size and width shall be as follows: (4) Lot Size (3) Height Restrictions No building shall exceed two and one-half (2~) stories or thirty-five (35) feet in height except as provided in Chapter III, Section 5. Main and accessory buildings shall not cover more than thirty-five (35) percent of the total lot area. ( 2 ) ~o v era 9 e (c) Rear yard No building shall be located closer than thirty-five (35) feet in an R-l-AAA or t h i r t y (30) fee tin a n R - 1 - A A d i s t r i c t to the rear lot line. No building shall be located closer than seven and one-half (7~) feet to a side lot line. (b) Side yard All buildings shall set back from the street right-of-way line to provide a front yard having not less than thirty (30) feet for R-l-AAA and twenty-five (25) feet in R-l-AA districts. (a) Front yard All buildings shall be set back from the street right-of-way lines to comply with the following requirements. 3.4 GENERAL REQUIREMENTS (1) Yards e e SECTION 4 R-l-A AND R-l SINGLE FAMILY DWELLING, DISTRICT 4,1 GENERAL DESCRIPTION The areas included in R-1A and R-l-AA Si~gle Family lNIelling District are of the same general character as R-l-AAA and R~l-AA. but with smaller minimum lots and yards, and a corres- ponding increase in population density. 4.2 USES PERMITTED Property and buildingsin an R-1A end R-l Single Family Dwelling District shall be used only for the following purposes: (1) Same as for the R-l-AM and R-l -AA Single Fami ly Dwelling Districts including the customary accessory uses. 4.3 USES PERMITTED ON REVIEW The following uses may be permitted on review by the planning and zoning commission in accordance with the procedures described in Chantpr II, Section 3.6. (1) As for R-1AAA and R-1AA Single Family Dwelling Districts. (2) Home occupation. (3) Mobile home subdivision as provided in Chapter V. (4) Mobile home. 4.4 GENERAL REQUIREMENTS (1) Yards All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements: (a) Front yard All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth. (b) Side yard , , I" - No building shall be located closer than siJr.(6): feet to a side lot line. .~ f".' *." 7', I', " ,~ (c) Rear'vard No building shall be closer than twenty- five (25) feet to a rear lot line. (2) Coverage Main and accessory buildings shall not cover more than forty (40) percent of the total lot area. 47 e e 48 (4) Mobile home. (5) Home occupation. (2) Two family dwelling unit. (3) One family garage aDartment, with a minimum living area of four hundred (400) square feet, provided the principal bUilding is a one family dwelling unit. Property and buildings in an R-2 One and Two Family ~elling District shall be used only for the following purposes: (1) As for the R-l-Aand-R-l Single Family Dwelling District including customary accessory uses. 5.2 USES PERMITTED This district is comoosed 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. SECTION 5 R-2 ONE AND TWO FAMILY DWELLING DISTRICT 5.1 GENERAL DESCRIPTION Minimum requirements for signs are established in Chapter III, Section 10. 4.6 SIGNS Minimum parking and loading requirements are established in Chapter III, Section 9. Minimum floor area for a dwelling unit in the R-l A and ~ I Singl~ Family Dwelling District shall be S1-)( MundI ed fifty (&50) s-4U-a+e-feet. I ) J.) t :.... : . , / ;:i "tl. t . . "'/ , : " . . . ". 4.5 PARKING AND LOADING (5) Floor Area Lot Width be Fe-e t 'I, -6t)'Peet ' /oF+ Lot Size 7,OOCJ Sq:-ft:. ~':" 6-;-eoo- -'5-q-;---Ft-;- -/cce' ,I R-1A ft.! Minimum lot size and width shall be as follows: (4) Lot Size No building shal I exceed two and one-halt (2~) stories or thirtY-five (35) feet in height except as nrovided in ChaDter III, Section 5. (3) Height Restrictions e . 5.3 USES PERMITTED ON REVIEW The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the pro- cedures described in Chapter II, Section 3.6 (1) As for R-1A and R-l Single Family Dwelling District 5.4 GENERAL REQUIREMENTS (1) Yards All buildings shall be set back from the street right-of-way lines and lot lines to comply with the f 0 1 I ow i n 9 ya r d r e qui rem e n t s : (a) Front Yard All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth. (b) Side Yard No building shall be located closer than six (6) feet to a side lot line. (c) Rear Yard No building shall be closer than twenty-five (25) feet to a rear lot line. (2) Coverage Main and accessory buildings shall not cover more than forty (40) percent of the total lot area when occupied by a single family dwelling unit, or more than fifty-five percent when occupied by a duplex cr single family unit and garage apart- ment. (3) Height Restrictions No building shall exceed two and one-half (2~) stories or thirty-five (35) feet in height except as provided in Chapter III, Section 5. (4) Lot Size Minimum lot size and width shall be as follows: Lot Size Lot Width Single Family Unit 6,000 sq.ft. 60 ft. Duplex or Single Family Unit and Garage Apartment 7,500 sq.ft. 75 ft. (5) Floor Area The minimum floor area for a dwelling unit in an R-2 One and Two Family Dwelling District shall be six hundred and fifty (650) feet per unitt provi- ded that a garage apartment unit may have a mini- mum floor area of four hundred (400) square feet. 5.5 PARKING AND LOADING Minimum parking and loading requirements are established in Chapter lIlt Section 9. 49 e e 50 (3) Buildings in excess of thirty-five (35) feet in height. (4) Nursing homes. (5) Child care center. (6) Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, and is operated only by the inhabitants thereof and does not exceed two operators. The use shall be conducted in such a way that it is clearly incidental to the dwel- ling use and shall not change the character thereof. (1) Same as for R-2 One and Two Family Dwelling District. (2) Parking lots accessory to an adjacent commercial use provided such parking facilities do not materially interfere with nearby residential uses. The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the procedures des- cribed in Chapter II, Section 3.6. 6.3 USES PERMITTED ON REVIEW Buildings, structures and uses accessory and custo- marily incidental to any of the above uses. Apothecary shops. Insurance offices. Real estate offices. Dormitories, fraternity and sorority houses. Professional offices, such as those of architects, engineers, lawyers, tax consultants, accountants. and medical & dental clinics. Guest and tourist homes. As for the R-2 One and Two Family Dwelling District. Multiple family dwellings. Boarding and lodging houses. (6) ((7) r ( 8 ) \ (9) ( 10) ( 1 ) ( 2 ) ( 3 ) ( 4 ) ( 5 ) Property and buildings in an R-3 Multiple Family Dwelling District shall be used only for the following purposes: 6.2 USES PERMITTED The areas included in R-3 Multiple Family Dwelling Districts are primarily residential in character. Residential uses are permitted at high population densities. Low intensity commercial and service facilities are also permitted. 6.1 GENERAL DESCRIPTION SECTION 6 ,~ R-3 MULTIPLE FAMILY DWELLING DISTRICT ~, AND PROFESSIONAL OFFICE DISTRICT Minimum requirements for signs are established in Chapter III, Section 10. i 5.6 SIGNS e e No sign shall be permitted except one non-illuminated nameplate, not exceeding two (2) square feet in area, attached to the main building. (7) Private clubs, sororities, fraternities and lodges, excepting those the chief activity of which is a ser- vice customarily carried on as a business. (8) Mobile home park as provided in Chapter V. 6.4 GENERAL REQUIREMENTS General requirements for the R-3 Multiple Family Dwelling District shall be as stipulated in Table I 'on page 52. 6.5 PARKING AND LOADING Minimum parking and loading requirements are established in Chapter III, Section 9. 6.6 SIGNS Minimum requirements for signs are established in Chapter III, Section 10. 6.7 SITE PLAN Each application for a zoning change shall be accompanied with a site plan incorporating the regulations established herein. The site plan shall be drawn to scale, indicating property lines, rights-of-way, and the location of buil- dings, parking areas, curb cuts, driveways and landscaping. Said site plan shall be submitted to and approved by authori- ty and directive of the Planning and Zoning Commission prior to the granting of a zoning change. Upon such approval, ' said site plan becomes a part of the building permit and may be amended only by authority and directive of the Planning and Zoning Commission. SECTION 7 C-l NEIGHBORHOOD SHOPPING DISTRICT 7.1 GENERAL DESCRIPTION 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 residen- tial 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, open space and,off-street parking are made than are provided in other commercial districts. 7.2 USES PERMITTED Property and buildings in a C-1 Neighborhood Shopping Dis- trict shall be used only for the following purposes: (1) Shopping centers containing retail stores and shops listed under (2) and (3) on page 53. 51 ~ e e ZS e e (2) 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, as follows: Antique shop Appliance store Arts school, gallery or museum Artists materials, supply studio Automobile parking lot Baby shop Bakery goods store Bank Barber shop Beauty shop Book or stationery store Camera shop Candy store Catering est~blishment Cleaning, pressing, laundry pick-up agency Curio or gift shop - Drug store or fountain Drygoods store Dairy products or ice cream store Delicatessen Dress shop Florist shop, greenhouse, nursery Furniture store Grocery store or supermarket tOvernmental buildings 'Hardware store -Jewelry or notion store Lodge hall Meat market t~ e die a 1 fa c il i ty Messenger or telegraph service Musical instrument sales Newspaper or magazine sales Office business Optometrist sales and service Photographer studio Pha rmacy Radio and television sales and service Restaurant - not to include drive-in Self-service laundry or dry cleaning Sewing machine sales, instruction Sporting goods sales Shoe repair shop Tailor shop Toy store Variety store ( 3 ) Accessory buildings and uses customarily inci- dental to the above uses. ( 4 ) A building used for any of the above enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or ~tored in connection with the us es enumera ted in (1) th rough (3) above s ha 11 be displayed or stored outside of a building. 7.3 USES PERMITTED ON REVIEW 53 e e 54 (2) Height Restrictions No building shall exceed two and one-half (2~) stories or thirty-five (35) feet in height except as provided in Chapter III, Section 5. There shall be provided an alley, ser- vice court, rear yard, or combination thereof, of not less than thirty (30) feet. (c) Rear Yard On the side of a lot adjoining a dwelling district there shall be a side yard of not less than ten (10) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet. (a) Front Yard All buildings shall set back from the street right-of-way line to provide a front yard having not less than twen- ty-five (25) feet in depth. (b) Side Yard The yard requirements for dwellings shall be the same as the requi rements of the R-2 One and Two Fami Iy Dwelling District. The following requirements shall apply to all other uses permitted in this district. The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the procedures described in Chapter II, Section 3.6. (1) All of the following uses: Night club Bar, tavern, and liquor store Service station Theater, except drive-in theater Fire station Child care center Private club and lodge Dry cleaning establishment which emits no smoke or escaping steam, and which uses nonflammable, synthetic cleaning agents Bowling alleys, skating rinks, billiard parlors, and similar indoor commercial recreation activities provided that they are enclosed within a sound proof building. Public bUildings (2) One single family dwelling which is accessory and attached to the principal bUilding. (3) Other uses which are similar to the uses permit- ted herein, which would promote the intent and purposes of this district. (4) Private utility plant 7.4 GENERAL REQUIREMENTS (1) Yards e 'e 7.5 OTHER REQUIREMENTS Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to pub- lic streets shall not be hazardous and that traffic conges- tion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent Residential Districts. Where a lot line within a C-1 Neighborhood Shopping District abuts a side or rear lot line in any residential district, such C-I Neighborhood Shopping District shall be screened from said residentlal lot line. Such screen may be in the form of walls, fences, or landscaping; shall be at least six (6) feet in height; and shall be at least fifty percent (50%) opaque as viewed from any point along said residential lot line. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after open storage uses are established. 7.6 PARKING AND LOADING Minimum parking and loading requirements are established in Chapter III, Section 9. 7.7 SIGNS Minimum requirements for signs are established in Chapter III, Section 10. 7.8 SITE PLAN Each application for a zoning change shall be accompanied with a site plan incorporating the regulations estab- lished herein. The site plan shall be drawn to scale, in- dicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landsca- ping. Said site plan shall be submitted to and approved by authority and directive of the Planning and Zoning Commis- sion prior to the granting of zoning change. Upon such approval, said site plan becomes a part of the building permit and may be amended only by authority and directive of the Planning and Zoning Commission. This requirement may be waived with the permission of the Planning and Zoning Commission. SECTION 8 C-2 COMMUNITY COMMERCIAL DISTRICT 8.1 GENERAL DESCRIPTION This commercial district is intended for the conduct of personal and business services and the general retail busi- ness of the community. Persons living in the community and in the surrounding trade territory require direct and fre- quent access. Traffic generated by the uses will be pri- marily passenger vehicles and only those trucks and commer- cial vehicles required for stocking and delivery of retail goods. 8.2 USES PERMITTED Property and buildings in a C-2 Community Commercial Dis- trict shall be used only for the following purposes: 55 e e 56 Pawn shop Pet shop Printing plant Public buildings Re~reation center Research laboratories Roller skating rink Sign painting shop Hospital for small animals Sporting goods store Stock and bond broker Storage warehouse Theater, except drive-in theater Tavern Toy store Travel trailer Dark (2) New automobile sales and services, new ma- chinery sales and service and public garages, provided no gasoline is stored above ground; used automobile and machinery sales and service, and automobile and machinery repairing if con- ducted in conjunction with a retail agency and wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junk yards. (2) Am b u 1 a nee s e r vie e, 0 f fie e 0 r gar age Automobile retail gasoline service station Bait sales Bakery, the products of which are sold only at retail on the premises Bath house Boat sales Bus terminal Cleaning plant Clothing or apparel store Commercial school or hall Dance hall Department store Drive-in restaurant when the boundaries of the tract of land are no less than 200 feet from any residence Electric transmission station Feed and seed store Frozen food locker Furniture repair and upholstery Funeral parlor or mortuary Golf course, miniature or practice range Heating, ventilating or plumbing supplies, sales and services Health bath or spa ~Hospital and nursing home Interior decorating store Ice storage locker plant or storage house for food Key shop Ke n n e 1 Laboratories, testing and experimental Laundry Leather goods shop Liquor shop Music, radio or television shop Museums Night club Novelty shop (1) Any use permitted in a C-l Neighborhood Commercial District e e (3) Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments No article or material stored or offered for sale in connec- tion with uses permitted under paragraphs (1) through (4) above shall be stored or displayed outside of a building unless it is so screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven (7) feet in height shall be required. 8.3 USES PERMITTED ON REVIEW The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the pro- cedures described in Chapter II, Section 3. (1) One (1) single family dwelling which is acces- sory and attached to a permitted principal building. (2) Other uses which are similar to the uses permit- ted herein, which would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Planning and Zoning Commission. (3) Any use permitted on review by the C-l District. 8.4 GENERAL REQUIREMENTS (1) Yards The area regulations for dwellings shall be the same as requirements of the R-2 One and Two Family Resi- dential District. The following requirements shall apply to all other uses permitted in this district. (a) Front and side yard There are no specific front or side yard requirements for uses other than dwellings. (b) Rear Yard There shall be provided an alley, ser- vice court, rear yard, or combination thereof, of not less than thirty (30) feet in width. (2) Height Restrictions No building shall exceed four (4) stories or forty-five (45) feet in height except as provi- ded in Chapter III, Section 5. 8.5 OTHER REQUIREMENTS Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets shall not be hazardous and that traffic con- gestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential districts. Where a lot line within a C-2 Community Commercial District abuts a side or rear lot line in any residential district, it 57 e e 58 Any use permitted in the C-l Neighborhood Shopping District and the C-2 Community Commercial District. Amusements and recreational facilities such as, but not limited to, amusement parks, shooting galleries, miniature golf courses, golf driving ranges, baseball batting ranges, and trampoline centers. Carnival-type amusements, when located more than five hundred (500) feet from any residential dis- trict. Automobile Laundry (1) Property and buildings in a C-3 General Commercial District shall be used only for the following pur- poses: 9.2 USES PERMITTED 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 automo- tive repairs. Characteristically, this type of district occupies an area larger than that of other commercial dis- tricts, is intended to serve a considerably greater population and offers a wider range of services. 9.1 GENERAL DESCRIPTION SECTION 9 C-3 GENERAL COMMERCIAL DISTRICT This requi,rement may be waived with the permission of the Planning and Zoning Commission. Each application for a zoning change shall be accompanied with a site plan incorporating the regulations established herein. The site plan shall be drawn to scale, indicating property lines, rights-of-way, and the location of buildings. parking areas, curb cuts, driveways and landscaping. Said site plan shall be submitted to and approved by authority and directive of the Planning and Zoning Commission prior to the granting of zoning change. Upon such approval, said site plan becomes a part of the building permit and may be amended only by authority and directive of the Planning and Zoning Commission. 8.8 SITE PLAN Minimum requirements for signs are established in Chapter III, Section 10. 8.7 SIGNS Minimum parking and loading requirements are established in Chapter III. Section 9. 8.6 PARKING AND LOADING l shall be screened from said residential lot line. Such screen may be in the form of walls, fences, or landscaping; shall be at least six (6) feet in height; and shall be at least fifty percent (50%) opaque as viewed from any point along said residential lot line. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after open storage uses are established. e e Automobile repair shop and mechanical garage Heating and air conditioning sales and services Printing, bookbinding, lithography, and publishing plants Radio broadcasting and telecasting stations, studios, and offices Veterinary hospitals and kennels when confined within structure Frozen food lockers Washing and packaging of fruit when accessory to retail fruit sales on the premises. (2) The following uses, provided that they comply with the additional provisions of this sub- section: Boat sales and service Farm implement and machinery, new and used, sales Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales Mobile home and travel trailer sales Monument sales New and used automobile sales Nursery or garden supply store Prefabricated house sales Trail,ers for hauling, rental and sales (3) The uses enumerated in Section 9.2 (2) above shall comply with the following provisions: (a) All open storage and display of mer- chandise, material and equipment shall be scrp.ened. Such screen may be in the form of walls, fences, or landscaping; shall be at least six (6) feet in height; and shall be at least fifty percent (50%) opaque as viewed from any point along said residential lot 1 ine. When land- scaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after open storage uses are establ ished. (b) All yards, unoccupied with buildings or merchandise or used as traffic ways, shall be landscaped with grass and shrubs and maintained in good condition the year round. (c) All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use. 59 e e 60 Where a lot line within a C-3 General Commercial District abuts a side or rear lot line in any residential district, shall be screened from said residential lot line. Such screen may be in the form of walls, fences, or landscaping; shall be at least six (6) feet in height; and shall be at least fifty percent (50%) opaque as viewed from any point along said residential lot line. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after open storage uses are established. Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets shall not be hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential dis- tricts. 9.5 OTHER REQUIREMENTS There shall be provided an alley, ser- vice court, rear yard, or combination thereof, of not less than thirty (30) feet in height. (2) Height Restrictions No building shall exceed four (4) stories or forty-five (45) feet in height except as pro- vided in Chapter III, Section 5. There are no specific front or side yard re~uirements for uses other than dwellings. (b) Rear yard (a) Front and side yard The area requirements for dwellings shall be the same as the requirements of the R-l Single Family Residential District. The following requirements shall apply to all other uses permitted in this di5trict. 9.4 GENERAL REQUIREMENTS (1) Yards The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the procedures described in Chapter II, Section 3.6. (1) Other uses which are similar to the uses permit- ted herein, which would promote the intent and purposes of this district. (2) Any use permitted on review by the C-2 District 9.3 USES PERMITTED ON REVIEW (4) Buildings, structures and uses accessory and customarily incidental to any of the above uses~ provided that there shall be no manu- facture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments. e e 9.6 PARKING AND LOADING Minimum parking and loading requirements are established in Chapter III, Section 9. 9.7 SIGNS Minimum requirements for signs are established in Chapter III, Section 10. 9.8 SITE PLAN Each application for a zoning change shall be accompanied with a site plan incorporating the regulations established herein. The site plan shall be drawn to scale, indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveway~ and landscaping. Said site plan shall be submitted to and approved by authority and directive of the Planning and Zoning Commission prior to the granting of zoning change. Upon such approval, said site plan becomes a part of the building permit and may be amended only by authority and directive of the Planning and Zoning Commission. This requirement may be waived with the permission of the Planning and Zoning Commission. SECTION 10 C-4 HIGHWAY COMMERCIAL DISTRICT 10.1 GENERAL DESCRIPTION This district comprises certain areas in the City situated to provide certain 1 imited, minimum density use of land for commercial purposes along arterial and other roadways. Location of this classification within the City is intended primarily to maintain traffic flow with minimum points of traffic friction. 10.2 USES PERMITTED Property and bui1dinqs in a C-4 Highway Commercial District shall be use only for the fol1owinq purposes: (0) Alcohol ic.: Beverage, Bar, Tavern, Night Club. (2) Automobile or Truck Sales Room or Sales Lot. (3) Automobile Service Station, including Automobile Washerteria, subject to the following conditions: (a) Gasoline pumps or other appliances shall be located on a lot at least fifteen (15) feet behind the property line; and all service, storaqe or similar activities connected with such use shall be conducted entirely within the building on said premises. (4) Boat Sales and Storage. (5) Bowling Alleys within a building, vlhich shall not be located closer than five hundred (500) feet to any Residential zone unless such building is so constructed as to prevent the emission of odors, sounds and/or vibrations. 61 e . 62 (2) Overnight Trailer Park (3) Private utility plant b. The theatre screen shall not face a major street or highway. c. Reservoir parkinq space off the street shall be provided for patorns awaiting admission in an amount not less than thirty (30) per cent of the vehicular capacity of the theatre. a. No part of any theatre screent projection booth, or other building shall be located closer than five hundred (500) feet to any Residential District or closer than fifty (50) feet to any nroperty line or public right of way. subject to the following (1) Drive-In Theatert con a i t ions: The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the procedures des- cribed in Chapter II, Section 3.6 10.3 USES PERMITTED ON REVIEW (20) Buildings, structures and uses accessory and customarily incidental to any of the above uses. (19) Restaurant and Drive-In Restaurant. (18) Real Estate Sales Office. (16) Jewelry or Notion Store. (17) Motel or Hotel. (15) Ice Del ivery Stations. (14) Greenhouse or Horticultural Nursery. (13) Golf or Basebal I Driving Ranges and Miniature Golf Courses. (12) Funeral Home. (II) Fruit Store. (10) Farm Implement Sales and Storage. (9) Dance Hall or Skating Rink carried on wholly within an enclosed building. Shall not be located closer than five hundred (500) feet to any Residence Zone unless such buildinq is so constructed as to prevent the emission of odors, sounds and/or Vibrations. (7) Commercial Recreation Faci 1 ity. (8) Da i ry Ba ran d ice c rea m man u fa c t u ref 0 r sale 0 nth e premises only, (6) Candy Store. e e l (3) Other uses which are similar to the uses permitted herein, which would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Planning and Zon- inq Commission. 10.4 GENERAL REQUIREMENTS' (1) Yards A lot shall be of such size and dimensions as shall be necessary to properly accommodate the intended use or structure in accordance with all applicable regulations of this ordinance and other state and local ordinances. (a) Front yard All buildings shall set hack from the street right-of-way line to provide a front yard having not less than thirty-five (35) feet in depth. (b) Side yard Where a use abuts any residential district there shall be a side yard clearance on the side abutting the residential district of thirty (30) feet. Such space shall remain open and unoccupied by any building or accessory building. (c) Rear yard Rear yards yard abuts case there thi rty (30) (2) Coverage sh~ll only be reauired where such any residential district. In such shall be a rear yard clearance of feet. No requirement for lot coverage are prescribed, provided that all applicable provision of this ordinance are complied with. (3) Height Restrictions No building shall exceed two and one-half (2~) stories or thirty-five (35) feet in height except as provided in Chapter III, Section 5 10.5 OTHER REQUIREMENTS Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets shall not be hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential districts. 63 ... e e l 64 All requests for rezoning shall be accompanied with a site plan incorporating the regulations established herein. The site plan shall be drawn to scale, in- dicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landscaping. Said site plan shall be submitted to and approved by authority and directive of the Planning and Zoning Commission prior to the granting of zoning change. Upon such approval, said site plan becomes a part of the bUilding permit and may be amended only by authority and directive of the Planning and Zoning Commission. This requirement may be waived with the permission of the Planning and Zoning Commission. 10.8 SITE PLAN Minimum requirements for signs are established in Chaoter III, Section 10. 10.7 SIGNS Minimum parking and loading requirements are established in Chapter III, Section 9, 10.6 PARKING AND LOADING Where a lot line within a C-4 Highway Commercial District abuts a side or rear lot line in any residential district, such c-4 hiqhway Commercial District shall be screened from said residential lot line. Such screen may be in the form of walls, fences, or landscaping; shall be at least six (6) feet in heiqht; and shall be at least fifty per cent (50%) oDaque as viewed from any point along said residential lot line, When landscaping is used for screening, the height and onacity requirements shall be attained within eighteen (18) months after open storage uses are established. .., e e SECTION 11 1-1 RESTRICTED MANUFACTURING AN8 WAREHOUSING DISTRICT 11.1 GENERAL This district is intended orimarily for manufacturing and assembly olants and warehousinq that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building, These industries may reauire direct access to rail, air or street transnortation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight qenerated by the uses of the general industrial districts. Buildings in this district should be architectural attractive and surrounded by landscaped yards. 11.2 USES PERMITTED Property and buildings in an 1-1 Restricted Manufacturing and Warehousing District shall be: (1) Any of the following uses: Bakery Bottling works .Book bindery vBuildi~products manufacturl-ng Candy, ma~cturing Ceramics manufacturing Clothing manufacturing Cold storage and frozen food locker Data orocessinq services Engraving plant Electrical equipment assembly Electronic equipment assembly and manufacture Food products processing and oacking Furniture manufacturing Garment manufacturing Instrument and meter manufacturing Jewelry and watch manufacturing Kennels Laundry and cleaning establishment Leather goods fabrication Optical goods manufacturing Paper products manufacturing Pharmaceutical products manufacturinq Shoe manufacturina Manufacture of novelties and souvenirs Machinery sales and shop Manufacture of scientific, electrical, electronic optical, and precision instruments or equipment, Meat and produce distribution Sporting goods manufacturing Storage and wholesale distribution warehouse Wholesale or warehousing entp.rorise Trade shops Testing of materials, equipment, and nroducts Vetinary hosoitals (2) All uses permitted under this section shall have their orimary ooerations conducted entirely within enclosed bui~dinqs, and shall not emit any dust or smoke, or noxious odor or fumes outside of the building . 65 e e 66 All yard areas re~uired under this section and other yards and open snaces existing around buildings shall be landscaped and maintained in a neat condition, (4) Maintenance Such buffer yard shall be in lieu of front, side or rear yards. The twenty-five (25) feet of such yard nearest the district boundary line shall not be used for any processing activity, building or structure other than walls, and shall be improved and maintained as a landscaped olanting strin. The remaining twentv- five (25) feet of said buffer yard shall not be used for processing activities, buildings or structures other than off-street parking lots for passenger vehicles, fences or walls, Main and accessory buildings and off-street park- ing and loading facilities shall not cover more than eighty per cent (80%) of the lot area. (3) Buffer Strip A buffer yard of not less than fifty (50) feet in width shall be provided along each 1-1 district boundary which abuts a residential district or arterial street as described in the Ocoee General Plan. (2) Coverage No building shall be located closer than twenty-five (25) feet to the the side or rear lot lines (b) Side and Rear Yards (a) Front yard All buildings shall set back from the street right-of-way line to provide a front yard havin~ not less than thirty-five (35) feet in denth. All huildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements: (1) Any use, exceot a residential use, nermitted in a C-3 General Commercial District. No dwelling uses except sleeoing facilities for caretakers and nightwatchmen employed on the oremises shall be oermitted. (2) Private util ity plant 11.4 GENERAL REQUIREMENTS (1) Yards The following uses may be oermitted on review bv the Planning and Zoning Commission in accordance with ~rocedures described in Chanter II, Section 3.6: 11.3 USES PERMITTED ON REVIEW housing the operation, or produce a noise level at the Drooerty line that is qreater than the averaqe noise level occurrinq on the adjacent street. . e ( 5 ) Heiqht Requlations - No building or structure shall exceed forty-five (45) feet in height, exceot as provided in Charter III, Section 5. 11.5 PARKING AND LOADING Minimum rarking and loadinq reauirements are established in Chapter III, Section 9. 11.6 SIGNS Minimum requirements for signs are established in Chapter III, Section 10. 11.7 PERFORMANCE STANDARDS Each use, activity, or operation within the 1-1 Restricted Industrial District shall comply with performance standards as established in Appendix I. 11 ,8 OTHER REQU I REMENTS Other requirements are as follows: Driveways, streets and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential districts. There shall be no ooen storage of equipment, materials or commodities within any 1-1 Restricted Manufacturing and Warehousing District. The parking of commercial vehicles such as trucks, cargo trailers and tractors may be permitted on hard-surfaced lots provided such lots shall not be located in any required buffer yard or within the front fifty per cent (50%) of any re- qUired front yard. Furthermore, such commercial vehicles, when located on a lot abutting a residential district, shall be screened from said residential district. Such screen may be in the form of walls, fences, or landscaoing; shall be at least six (6) feet in height; and, shall be at least fifty per cent (50%) opaque as viewed from any point along the resi- dential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after commercial parking lots are established. The parking of passenger vehicles shall be nermitted in any required yard except the front fifty per cent (50%) of required front yards and portions of the buffer yards as otherwise established in this section. Any portion of an improved lot or parcel not contained within a building or within paved narking and loading areas, aisles, drives or walkways, shall be landscaped with turf, shrubs, trees or other plantings. 67 e e 68 (2) Other uses which are similar to the uses nermitted herein, which would nromote the intent and purnoses of this district. Deter~ination shall be made by authority and directive of the Planninq and Zonina Commission, Buildings, structures and uses accessory and custo~arily incidental to any of the above uses. (1) Uses allowed in the 1-1 district Battery manufacturing and storage Boat manufacturing Chemical products manufacturing and processing Dairv products manufacturing Electrical machinery and e~uipment manufacturing Glass and glass products manufacturing Living quarters for guards, custodians, and caretakers when such facilities are accessory uses to the pri- mary occupancy of the premises Machine shop Manufacturing of metal, plastic, or cardboard containers Motor vehicle assembly Paint or varnish manufacturing Photographic equinment and supplies manufacturing and processing Radio and television studios and offices Recreation facilities orovided by an employer of the district for the exclusive use of emnloyees, their famil ies, and guests Restaurants Technical and trade school for persons 18 years old or older Textile manufacturina Tire manufacturing Truck terminals or stops (o} are h 0 u sin 9 Property and buildings in and 1-2 Restricted Light In- dustrial ,District shall be used only for the following purposes: 12.2 USES PERMITTED This district is nrimarilv intended for wholesale, storaqe, warehousing, and research uses, and for the manufacture of products not involvin9 the use of any materials, processes or machinery likely to produce undesirable effects on nearby persons or prooerty. 1 2 . 1 G HI ERA L 1-2 ~ESTRICTED LIGHT INDUSTRIAL DISTRICT Each arDlication for a zoning chanae shall be accompanied with a site clan incorroratina the regulations established herein. The site D~an shall be drawn to scale, indicating nrooertv lines, riahts-of-wav, and the location of buildinas, parking areas, curb cuts, driveways and landscaoinq. Said site plan shall be submitted to and apnroved bv authority and directive of the Planninq and Zoning Commission prior to the grantina of zoninn change. Ilpon such approval, said site plan becomes a nart of the building nermit and may be amended only by authority and directive of the Planning and Zonina Commission. This renuirement may be waived with the permission of the Plannino and Zonina Commission. SECTION 12 11 . 9 SITE P L r. ~I e e 12.3 USES PERMITTED ON REVIEW ~2.4 The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the procedure$ described in Chapter II, Section 3.6. (1) Other uses which are similar to the uses permitted herein, which would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Planning and Zoning Commission. (2) Private utility plant GENERAL REQUIREMENTS Each 1-2 Restricted Light Industrial District shall have access to an arterial street as described in the Otoee General Plan. Each district shall contain a minimum land area of fifteen (15) acres. (1) Yards All buildings shall be set back from the street right- of-way lines and lot lines to comply with the following yard requirements: (a) Front yard All buildings shall set back from the street right-of-way line to provide a front yard ,having not less than thirty-five (35) feet in depth. (b) Side yard No building shall be located closer than twenty-five (25) feet to a side lot line. (c) Rear yard No building shall be located closer than twenty-five (25) feet to the rear lot line. (2) Coverage Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty per cent (80%) of the lot area. (3) Buffer A buffer yard of not less than fifty (50) feet in width shall be provided along each 1-2 district boundary which abuts a residential district or ar- terial street as described in the Ocoee General Plan. Such buffer yard shall be in lieu of front, side,or rear yards. The twenty-five (25) feet of such yard nearest the district boundary line shall not be used for any processing activity, building or structure other than fences or walls, and shall be improved and maintained as a landscaped planting strip. The remaining twenty-five (25) feet of said buffer yard shall not be used for processing activities, buildings or structures other than off-street parking lots for passenger vehicles, fences or walls. 69 e e 70 The parking of commercial vehicles such as trucks, cargo trailers and tractors may be permitted on hard- surfaced lots provided such lots shall not be located in any required buffer yard or within the front fifty per cent (50%) of any required front yard, Furthermore, such commercial vehicles, when located on a lot abutting a residential district, shall be screened from said residential district. Such screen may be in the form of walls, fences or landscaninq: shall be at least six (6) feet in height; and, shall be at least fifty oer cent (50%) opaque as viewed from any point along the resi- dential district boundary. When landscaning is used The open storage of equtpment, mnterials or commodities may be permitted provided such storage shall not be located within any required front or buffer yard; shall be screened from all public streets; and, when located on a lot adjacent to a residential district, shall be screened from said residential district. Such screens may be in the form of walls, fences or landscaping; shall be at least six (6) feet in height; and, shall be at least fifty per cent (50%) opaque as viewed from any point along the public street, right-of-way, or the residential district boundary. When landscaping is used for screening,the height and opacity requirement~ shall be attained within eighteen (18) months after open storage uses are established. Driveways, streets and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential districts. Other requirements are as follows: 12,8 OTHER REQUIREMENTS Each use, activity, or operation within the 1-2 Restricted Light Industrial District sh~ll comply with performance standards as established in Appendix I. 12.7 PERFORMANCE STANDARDS Minimum requirements for'signs are established in Chapter III, Section 10. 12.6 SIGNS Minimum parking and loading requirements are established in Chapter III, Section 9. 12.5 PARKING AND LOADING No building or structure shall exceed forty-five (45) feet in height, except as provided in Chapter III, Section 5. (5) Hei~ht Regulation~ All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaoed and maintained in a neat condition. ( 4 ) t~ a i n ten a n c e ., e e for screening, the heiqht and opacity reoui (0~'"'2nts ~~ll be attained within eighteen (18) months after :;!",;~2rcial parking lots are established. The parking of passenger vehicles shall be permitted in any required yard except the front fifty oer cent (50%) of required front yards and protions of the buffer yards as otherwise established in this section. Any portion of an improved lot or parcel not contained within a building or within paved parking and loading areas, aisles, drives or walkways shall be landscaped with turf, shrubs, trees, or other plantings. 12.9 SITE PLAN Each application for a zoning change shall be accompanied with a site plan incorporating the regulations established herein. The site plan shall be drawn to scale, indicating property lines, rights-of-way, and the location of build- ings, parking areas, curb cuts, driveways and landscaping. Said site plan shall be submitted to and approved by authority and directive of the Planning and Zoning Com- mission prior to the granting of zoning change. Upon such approval, said site plan becomes a part of the building permit and may be amended only by authority and directive of the Planning and Zoning Commission. This requirement may be waived with the permission of the Planning and Zoning Commission. SECTION 13 1-3 GENERAL INDUSTRIAL DISTRICT 13.1 GENERAL This district is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do nOtdepend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities. 13.2 USES PERMITTED Prooerty and buildings in an 1-3 General Industrial District shall be used only for the following purposes: (1) Any use permitted in 1-1 and 1-2 industrial districts. No dwelling use, except sleeping facilities required b~ caretakers or nightwatchment employed on the pre- mlses, shall be permitted in an 1-3 General Industrial District. (2) Any of the following uses: Building material sales yard and lumber yard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business, but not includinq a concrete batch plant or transit mix. ' Bus, cab, truck renair , stora~e, and terminals Contractor's eouinment storaoe'vard or plant or . '. , rental of e~uipment commonly used bv contractors Freighting or truckinq yard or" termina; Mechanical garage, including automobile paint and body shop , 71 .. e e 72 Modular house Plant Prestressed concrete Manufacturinq Plant Private uti! ity plant Asph~lt manufacturinq or refininq or any similar oetroleum or netrochemical refining or manu- facturinq process ~spahlt or concrete pavino, mixing or batching plant The manufacture and maintenance of electric and neon signs, commercial advertising structure, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like. Manufacture of musical instruments, toys, novelties and rubber and metal stamps Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing, overhauling,tire re- treading or recappin9 and battery manufacturing Machine shop Foundry casting lightweight nonferrous metal not causinq noxious fumes or odors Assembly of electrical appliances, electronic instruments and devices, radios and phono- graphs, including the manufacture of small parts only, such as coils, condensers, trans- formers, crystal holders, and the like Buildings, structures and uses accessory and customarily incidental to any of the above uses, (1) Any of the following uses: The following uses may be permitted on review by the planning and zoning commission in accordance with pro- cedures described in Chapter II, Section 3.6, 13.3 USES PERMITTED ON REVIEW (4) Buildings, structures and uses accessory and customarily incidental to any of the above uses. The manufacturing, compoundinq, processing, or treatment of such products as bakery goods, candy, cosmetics, dairv oroducts, drugs, per- fumes, pharmaceuticals, nerfumed toilet soap, toiletries and food products. The manufacture, compounding, assembling or treawent of articles or merchandize from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semi-orecious metals or stone, shell, textiles, tobacco, wood, yarn and paint not emoloying a boiling process. The manufacture of ootterv and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas. (3) Also nermitted are the following uses when conducted in a comoletely enclosed buildinq: Public utility service yard or electrical receiving or transforminq station Sale barn .., ~ e e Blast furnace or similar heat or glare qenerating operations Cement, lime, gyosum, or nlaster-of-paris manu- facture or the ODen storage of raw materials or finished products related to such manu- facture Corrosive acids manufacture or bulk storage including,but not limited to, hydrochloric, nitric, sulphuric or similar acids Fertilizer manufacturing and processing Natural gas production and distribution Petroleum production and refining Wholesale or bulk storage of gasoline, oro- pane or butane or other petroleum products Disposal plants of all types including trash and garbage; sewage treatment including lagoons and compost plants. Salvage yards for automobiles, building materials, scrap metal, junk or for any other kind of salvage operations shall be so screened by ornamental walls, fences or evergreen (2) The following uses: animal slaughtering, and the confinement of animals for feeding, finishing and preparation for slaughter; bone distillation or the reduction, rendering, incineration or storage of garbage, offal, animals or animal waste, fats, fish, or similar materials or ~ro- ducts; junk, salvage or wrecking yard or structure wherein motor vehicles, appliances or similar used equipment or materials are stored, dismantled, or sorted for display, sale or packing; provided all open storage and processing activities are en- closed within a wall or structure. Such wall or structure shall be constructed and maintained in such a manner that no open storage or processing activity shall be visible from any public street or any point on the abutting property line. (3) Any use not otherwise authorized by these regulations. 13.4 GENERAL REQUIREMENTS Each 1-3 General Industrial District have access to an arterial street as described in the Ocoee General Plan. ~ Each district shall contain a minimum of fifty (50) acres. (1) Yards All buildings shall be set back from the street right-of-way lines and lot lines to comply with the ~ollowing yard requirements: (a) Front yard All buildings shall set back from the street right-of-way line to provide a front yard having not less than thirty-five (35) feet in depth. (b) Side yard No building shall be located closer than twenty-five (25) feet to a side lot line. 73 j II.. e . ;4 The oren storaqe of eQuioment, materials or commodities may be oermitted nrovided such storage shall not be located within any re~uired front or buffer yard; shall Driveways, streets and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic conqestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential districts. Other requirements are as follows: 13.8 OTHER REQUIREMENTS Each use, activity, or operation within the 1-3 General Industrial District shall comply with oerformance standards as established in Appendix I. 13.7 PERFnRMANCE STANDARDS Minimum requirements for signs are established in Chapter III, Section 10. 13.6 SIGNS Minimum parking and loadinq requirements are established in Charter III, Section 9. 13.5 PARKING AND LOADING None (4) ~~ht Regulations Where a building is to be serviced from the rear there shall be provided an alley, service court, rear yard or combination thereof of not less than thirty (30) feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases no building shall be located closer than ten (10) feet to the rear 1 at 1 i ne unless such rear lot line abuts a rai lroad right-of-way. (2) Coverage Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Chapter III, Section 9. (3) Buffer Strip A buffer vard of not less than one hundred (100) feet in width shall be provided along each 1-3 General Industrial District boundary line which abuts any district other than an industrial district. Such buffer yard shall be in lieu of front, side or rear yards. The fifty (50) feet of such yard nearest the district boundary line shall not be used for any pro- cessing activity, building or structure other than fences or walls, and shall be imoroved and maintained as a landscaped planting strip. The remaining fifty (50) feet of said buffer yard shall not be used for processing activities, buildings or structures other than off-street parking lots for passenger vehicles, fences or walls. (c) Rear yard -" e e be screened from all arterial streets; and, when located on a lot adjacent to a residential district, shall be screened from said residential district. Such screen mav be in the form of walls, fences or landscaping; shall be at least six (6) feet in height; and, shall be at least fifty ner cent (50%) opaoue as viewed from any point along the major street right-of-way or the residential district boundary. When landscaping is used for screening, the height and opacity re- Quirements shall be attained within eighteen (18) months after open storage uses are established, The parking of commercial vehicles such as trucks, cargo trailers, and tractors may be permitted on hard- surfaced lots provided such lots shall not be located in any required buffer yard or within the front fifty pe cent (50%) of any required front yard. Furthermore, such commercial vehicles, when located on a lot abutting a residential district9 shall be screened from said residential district. Such screen may be in the form of walls, fences or landscaping; shall be at least six (6) feet in height; and, shall be at least fifty per cent (50%) opaque as viewed from any point along the resi- dential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after commercial parking lots are established. The parking of vehicles shall be permitted in any required yard except the front fifty per cent (50%) of required front yards and portions of the buffer yards as otherwise established in this section. Any portion of an improved lot or parcel not contained within a building or within paved parking and load~ng areas, aisles, drives or walkways, shall be landscaped with turf, shrubs, trees or other plantings. 13.9 SITE PLAN Each application for zoning change shall be accompanied with a site plan incoroorationg the regulations established herein. The site plan shall be drawn to scale, indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landscaping. Said site plan shall be submitted to and approved by authority and directive of the Planning and Zoning Commission prior to the granting of zoning change. Upon such approval, said site plan becomes a part of the building permit and may be amended only by authority and directive of the Planning and Zoning Commission. This requirement may be waived with the permission of the Planning and Zoning Commission. 7) ~ e e 76 (3) A temporary permit, for use in (1) and (2) above will be issued only after a building permit has been secured for the permanent building. The mobile home or re- creational vehicle shall be removed within on hundred twenty (120) days or within ten (10) days after com- pletion of the nermanent building, whichever comes first. (4) A mobile home or recreational vehicle may be used as a field office and tool shed accessorv to the devel- opment of a subdivision. (2) A mobile home or recreational vehicle may be temporarily parked and occupied on a specified tract of land in com- mercial or industrial districts, to be used for offices, storage or security purposes, during the construction of permanent building on said tract of land. (1) A mobile home or recreational vehicle may be tem- porarily parked and occupied on a lot in a resi- dential district during the construction of a permanent residence on said lot. 3.1 USE OF MOBILE HOMES AND RECREATIONAL VEHICLES IN RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DISTRICTS: SECTION 3 INDIVIDUAL MOBILE HOMES AND RECREATIONAL VEHICLES ON INDIVIDUAL LOTS (4) Mobile homes built after January 11, 1968 must bear the State of Florida Standards Seal to be permitted anywhere in Ocoee. (3) Each mobile home in any district shall have sanitary and drainage facilities approved by the planning and zoning commission, county ~alth department, building inspector and city engineer. (2) Mobile homes may be located in R-T, R-T-l, or R-2 zoning districts or under certain circumstances, on individual lots in other districts, (1) Mobile homes shall be located, occupied or used only as hereinafter provided. GENERAL REGULATIONS SECTION 2 The intent of this chapter is to provide regulations for mobile homes located on individual lots, mobile home sub- divisions, and mobile home parks, SECTION I INTENT ~1 n B I L F. H () ~ F R F: r, IJ L A. TIn N S C HAP T F. P \j , r e . l I (5) Mobile homes and recreational vehicles used as offices shall be permitted as a permanent use when accessory to a mobile home sales lot. (6) In commercial and industrial districts a mobile home or recreational vehicle may be used as auarters for night watchmen when approved as a use permitted on review. 3.2 USE OF MOBILE HOMES AND RECREATIONAL VEHICLES IN AGRI- CULTURAL DISTRICTS: (1) On an individual lot in A-l Agricultural Districts a mobile home in excess of twenty-four (24) feet in length may be used for residential purposes as a principal use or as a use permitted on review in an A-2 Suburban District. (2) Lot size and setbacks from lot lines shall be no less than is required for a dwelling in the district in which it is located. (3) A permit for such use must be secured from the planning and zoning commission. Such permit shall be issued for not longer than two (2) years and shall clearly state that no right of nermanent residence in such mobile home or recreational ve- hicle is conferred by such permit. Permit fee shall be $2.00. (4) After issuance, the permit shall be conspicuously posted near the front door of the mobile home or recreational vehicle and be clearly visible from the exterior. (5) Recreational vehicles may be occupied in A-lor A-2 Districts as temoorary shelter not longer than seven (7) days in any thirty (30) day period within a calendar year without a permit; or upon written approval by the uilding inspector for a period of time not to exceed sixty (60) days continuous within a twelve (12) month period. SECTION 4 PERMITS TO BUILD OR ALTER A MOBILE HOME PARK OR SUBDIVISION 4.1 PERMITS REOUIRED No person shall construct or engage in the construction of any mobile home oark or subdivision or make any ad- dition or alteration to a mobil,e home park or subdivision that etther alters the number of sites for mobile homes or affects the facilities reauired therein until he first secures a permit authorizing such construction, addition, or alteration. The construction, addition, or alteration 77 "--------____n e e -'0 , " IJpon S-"ltisfClctnrv C()"1pl,~tion 01' tl-,e refllJirenlPnts presecriberl hy this ordinance or rlei1c,IJrcs s~tis- L'lctnrv to tlw cit'! c:!'1r1jssion ,l';surinn Si'1tisf'lct- or.... cOrlpletio'l of SIICI-, i"1prnve'1ents. t~('> tin;'!1 alan wi 1 1 he anoroved, (5) After the preliminary plan has been approved an all improvements and utilities specified in the prelimin- ary plan have been installed, two copies of the final plan shall be submitted to the building inspector for certification of compliance with the preliminary plan. If the building inspector shall find that the final plan is satisfactory, the final plan shall be sub- mitted for aonroval by the City Engineer, The final plan shall be prepared on linen and shall contain the information prescribed in Section 4.4 and shall con f 0 Y'm wit h the pre 1 i m i n a r v n 1 a n a san pro v ed, I f desired by the aoplicant, it may constitute only that nortion of the aroroved preliminary nlan which he proposes to develop at the time, provided, however, that such portion conforms to the minimum requirements of this ordinance. (6) APJ:.r::)_v:3_1_~J__t_h:?_.:_0_a_l_.!'_1_Cl_n_ (4) It is recommended that before filing a preliminary plan of the proposed mobile home park for review by the planning end zoning commission, a sketch plan may be submitted to the building inspector for his suggestions ard criticisms. (3) The building inspector shall make an examination of the construction at any reasonable time to determine whether the wnrk is being done according to approved plans and specifications, and the owner shall make available any records, test dat~, or other infor- mation essential to such determination. (2) If the application contains the reauired information and the requirements of this ordinance would be comr.lied withpreliminary approval shall be issuerJBuilding perwits shall be nontransferable except with the written consent of the buildin~ inspector. Procedure for the apolicant securing such permit and assuring the City that the requirements of the oermit are comolied with shall consist of the followinq: (1) For the construction or alteration of a mobile home park or subdivision that affects the number of sites within the nark, a preliminary plan containing the information prescribed in Section 4.3 shall be prepared and submitted to the planning ana zoning commission for approval. No plan is required to be prepared and approved for issuance of a permit to make minor facil- ity improvements in an existing mobile home park or subdivisioi'l where the number of rncbile home sites is not affected, When no plan is reauired, application for a building oermit may be made directly to the building inspectors office. When d oreliminary plan is required. the aorlicant must first secure the aporoval of the planning and zoning commission before co!'rl,Tlenc ing li'ltld iMprovements. .2 PROCEDURES shall be done in accordance with plans and soecifi- cations submitted \"ith the ar>nliCi.ltion and approved by the planninq and zoning corr~;ssiolO" e e 4 . 3 W HAT THE' PRE L I M I N A R Y P LAN S HAL L S HOW The preliminary nlan shall be drawn to a scale of not less than 11' = 40. and shall show the following on one or more sheets: (1) A site olan of the oroposed mobile home park or subc1ivision (2) The name of the mobile home park or subdivision, the names and addresses of the owner(s) and the designer and engineer. (3) Date, approximate north arrow, and scale, (4) The boundary line of the tract with accurate linear and angular dimensions drawn to scale and the area of the park or subdivision in square feet or acres. (5) Contours with a vertical interval of one foot re- ferred to sea level datum and elevations of existing streets, roads, drives, walks, curbs, catch basins, etc. (6) A location map with a scale no less than 111 - 1000' showing the location. (7) The locations of existin9 and platted property lines, streets, buildings, water courses, railroads, bridges, water mains, sewers, culverts, drainpipes, and any utility easements, both on the land to be developed into ,a mobile home park or subdivision and on land immediately adjoining. The names of adjoining sub- divisions or the names of recorded owners of adjoining parcels of unsubdivided land, (8) The names, proposed location and approximate dimens- ions of proposed streets, alleys, driveways, entrances, exits, walkways, easements, recreation areas, parks and open spaces, reservations, mobile home spaces, mobile home stands, and building lines within the park. This information should be graphical only, not requiring detailed computations or field work in obtaining the required information above. In all cases the proposed characteristics shall be shown in a manner that shall distinguish them clearly from the existing charac- teristics of the land. (9) When deemed necessary by the building inspector profiles of all proposed public or private streets or drives, showing natural and finished grades drawn to a scale of not less than 111 = 40' horizontal and 1" = 4' vertical. (10) Proposed storm drainage for each mobile home space and for the entire mobile home park or subdivision including all oroposed grading and sewer installations which may oe deemed necessary to insure proper drain- age and the elimination of ponding. ( 11 ) Plans of proposed utility layouts (sewer lines, septic tank locations, seotic tank drainfields, and water and storm drainage) showing feasible connec- tions to existing and oroposed utility systems. (12) Location and number of qarbage receotacles. (13) A detailed olan for all electrical installations orepared to meet the National Electrical Code and local codes or ordinances. 79 e e 80 (3) No more than one mobile home may be parked on anv mobile home snace. (2) The mobile home park or subdivision shall be located bn a well drained site, shall be so located that its drainage will not endanger any water supply. The mo- bile home area shall be sufficient to accommodate the number of mobile home spaces for which the court is designed, rarking areas for motor vehicles and service areas, All mobile home parks and subdivisions shall comply with the following: (1) It shall be unlawful for any person to maintain or operate a mobile home park within Ocoee without a license. Such license may be revoked when the licensee has been found guilty by a court of com- petent jurisdiction of vio1atinQ any provision of these requlations. After such conviction, the li- cense may be reissued if the circumstances leading to conviction have been remedied. 4.5 GENERAL REQUIREMENTS (6) A detailed drawing to a scale of not less than 1" - 51 of a typical mobile home space showing the location of the mobile home stand, all utilities, and the mobile home utility connections, the patio, conrrete footing, walks, parking spaces, driveways and all other improvements. (4) The boundary line of the tract with accurate linear and angular dimensions drawn to scale. (S) The names, proposed locations and dimensions of proposed streets, alleys, driveways, entrances, exits, walkways, easements, recreations areas, parks, and other open spaces, reservations, mo- bi1t home spaces, parking soaces, buildings, signs, mobile home stands, patios, electrical plan, plant- ing strip, and building lines within the park or subdivision. The information should be drawn ac- curately with detailed computations and field work comrleted. (3) Date, approximate north arrow and scale. (2) The name of the mobile home park or subdivision, the names and addresses of the owner(s) and the designer of the park. (1) A site olan of the proposed mobile home nark or subdivision. The final plan shall be drawn in black ink upon linen in sheets either 15 x 18 inches or 20 x 24 inches in size, to a scale of not less than 1" = 40'. It shall contain the following: 4.4 WHAT THE FINAL SITE PLAN SHALL SHOW (1~) Where public water or public sewer is not available, a written statement from the County Health Department shall be submitted with the mobile home park or sub- division plan indicating that land area and suttab1e topography to accommodate the proposed methods of water supply and sewage disposal. ., (9) ( 10) ( 11) (12) e e ( 4 ) The supports of all mobile homes parked within an authorized park or subdivision shall rest upon an adequate concrete footing. Each mobile home space shall be orovided with a patio of at least 240 square feet constructed of concrete, brick, flag- stone or other such hard-surfaced material. A paved walkway 2 feet wide (minimum) leading from the road or off-street parking space to the patio shall be provided. Each patio and walkway shall be graded and properly drained to prevent ponding; provided, how- ever that double wide mobile homes are exempted from this requirement. ( 5 ) No mobile home stand shall be located less than 500 feet from a public street ,right-of-way. No mobile home stand shall be located less than 25 feet from a private drive or from an exterior park boundary or less than 30 feet from another mobile home stand, a mobile home addition or any other structure. ( 6 ) A driveway and parking space sufficient to accommod- ate at least 2 automobiles shall be constructed within each mobile home space and they shall be paved or covered with crushed stone or other suitable ma- terial. (7) The mobile home park or subdivision shall have hard- surfaced driveways, lighted at night, that directly abut all mobile home spaces, and that are not less than 20 feet wide. Driveways shall be at least nine (9) feet wide. Common drivewavs may be used to serve more than one (1) mobile home space, but shall serve no more than four (4) mobile home spaces. (8) Area to provide proper drainage ditches and a 3 to 1 back slope shall be provided along all public streets or private drives constructed with 30 feet or more of paving width, Each mobile home stand shall have adequate access, for both the mobile home and autos, with a mlnlmum width of 20 feet unless more is deemed necessary because of topographical conditions or street cur- vature. When the mobile home park or subdivision has more than one direct acces~ to a public street, they shall not be less than 300 feet apart or less than 300 feet from a public street intersection unless topographical or site conditions demand otherwise. No mobile home space shall be more than 500 feet measured along connecting dr(ve centerlines from a public street with 30 feet of pave- ment width (minimum). Each mobile home space shall be clearly identified by steel corner markers set flush with the ground; or by other suitable tyoe of markers approved by the planning and zoning commission. 81 ~ e e 82 (2) Mobile home eouipment Each mobile home shall have a flush toilet, lava- tory, bathtub or shower, cookinq facilities, and electric wiring and shall be required to connect with the utilities provided at each mobile home space. Each mobile home stand shall be equipped with plumb- ing and electrical connections grouped together within the mobile home stand. In every mobile home park or subdivision all installations (other than those within the mobile home proper) of plumbing and electrical wiring and all gas and oil appliances shall comply with the provisions of the building, plumbing, elect- rical, and other regulations of the City of Ocoee. (1) Mobile Home Stand Utilities 4,6 UTILITIES A floor plan of the service building shall be pre- pared showing the number and location of toilets, urinals, showers or bathtubs and lavatories. Ad- ditional plans may be required by the building in- spector showing details of water and sewer connections and such others as he may deem necessary. (15) Fire fighting systems are required and must be approved by the fire department. (16) The mobile home park or subdivision may have a central structure containing a retail sales counter or coin operated machines for the park residents use only, provided they are completely enclosed within a building and there is no exterior advertising. Any such struc- ture shall contain seoarate flush toilets and lava- tories for both sexes. (14) Common walks shall be provided around recreation, management, and service areas. Common walks shall be at least four (4) feet wide except where such walks are adjacent to an arterial street then such walks shall be at least five (5) feet wide. No walk required herein shall be used as a drainage way. (13) A landscaped buffer yard of twenty-five (25) feet in width shall be orovided and maintained around the perimeter of the park or subdivision, except where walks and driveways penetrate the buffer, Where such buffer yard abuts an arterial street it shall be fifty (50) feet wide. Such buffer shall not be considered to be part of an abutting mobile home space. A screen may be required on the buffer yard by the olanninq and zoning commission. Such screen, when required, shall be in the form of walls or landscaning, shall be at least four (4) feet in height; and shall be at least fifty per cent (50%) opaque. Such walls or landscaping shall not be closer than one (1) foot to the right-of-way line. -= r 1 e ,e (3) Water An accessible, adequate, safe and potable supply of water, capable of furnishing a minimum of one hundred fifty (150) gallons per day per mobile home space, shall be provided. Where a public suoply of water of such quality is available, connection shall be made thereto and its supply shall be used exclusively. The development of an independent water supply to serve the mobile home court shall meet the require- ments of the Orange County Health Department. (4) Sewage and refuse disposal Each mobile home park or subdivision shall be pro- vided with an adequate sewage disposal system, either by connection to a public sewage system or septic tank system, constructed in compliance with the re- gulations of the Orange County Health Department. All sewage wastes from each mobile home park or sub- division, whether from individual mobile homes or mobile home spaces, shall be piped into the disposal system. (5) Garbage disposal All garbage and refuse in every mobile home park shall be stored in suitable watertight and fly-tight metal receptacles which shall be kept covered with closely fitting covers. No person shall throw or leave gar- bage or refuse upon the grounds of any mobile home park. It shall be the duty of the mobile home park operator to personally make certain that all garbage and refuse are regularly disposed of an a sanitary manner. 4.7 RECREATION A recreation area shall be provided equivalent to two hundred (200) square feet of area for each'mobile home space; however, in no case shall such recreat~on area be less than ten thousand (10,000) square feet in area. Such recreation area shall be no longer than twice its width. This area shall remain in a clean and presentable condition, and shall be adequately lighted. Such recreation area shall not be located in an area where such use will adversely affect surrounding property. Provision of separate adult and child recreation areas, when appropriate~ is encouraged. 4.8 MOBILE HOME SALES It shall be unlawful to sellon a commercial basis mobile homes or trailers within mobile home parks or subdivisions, except that an individual mobile home owner shall be exempt from this section in that he shall be allowed to sell the mobile home in which he maintains occupancy. 4,9 MOBILE HOME ADDITIONS All porches, rooms and additions to a mobile home shall comply with these regulations and the Ocoee codes. 83 j -.-.J e e 84 (5) Each mobile home space shall have unobstructed access at least fifteen (15) feet wide to a street or lane within the boundary of the park which shall have un- obstructed right-of-way of thirty (30) feet in width and a hard sufface of not less than twenty (20) feet in width for two-way drives, or twenty (20) feet in width and a hard surface of not less than twelve (12) feet in width for one-way drives. Hard surfacing shall consist of a base at least six (6) inches thick of lime rock or soil cement or an eouivalent material and a top at least one (1) inch thick made of asphaltic concrete or an eouivalent material. Such streets shall be lighted by a system which consists of a one hundred (100) watt mercury light for everyone hundred twenty (120) linear feet of roadway or a two hundred (200) watt incandescent light for everyone hundred twenty (120) linear feet of roadway or shall with some other system supply two- tenths (2/10) lumen per square foot of roadway. (6) Closed ends of dead-end streets shall be provide~ with an adequately paved vehicular turning circle at least 60 feet in diameter. (3) No mobile home space shall contain less than four thousand (4,000) square feet in area. (4) No part of any mobile home or addition thereto shall be placed within' seven and one-half (7~) feet of any mobile home space lot line; nor shall same be located within fifteen (15) feet of any accessory or service building. (2) Each mobile home park shall contain at least five (5) acres, shall be limited to six (6) mobile home spaces per gross acre, ~nd shall have not less than ten 110) mobile home spaces completed and available at first occupancy. (1) Each application for rezoning shall be accompanied with a site plan as required herein. Uoon approval of the rezoning application, said site plan becomes a part of the permanent record and may be changed only by subsequent action of the planning and zoning commission, 5,3 REQUIREMENTS Property and buildings in an R-T Mobile Home Park District shall be use only for the following purposes: (1) Only mobile home parks and their customary accessory uses shall be permitted in R-T Districts. 5.2 USES PERMITTED This district is comoosed of certain lands where it is desirable to attain a high density residential area under single ownership consisting of rental mobile home spaces. 5.1 GENERAL DESCRIPTION SECTION 5 R-T MOBILE HOME PARK DISTRICT ,e e 5.4 SIGNS Signs for identification of mobile home parks shall be as provirJed in Chapter III, Section 10 5.5 It shall be the duty of the operator of a mobile home park to keep an accurate register containing a record of all mobile homes, owners, and o~cupants of the mo- bile home park. The register shall contain the following information. I (1) Name and address of owner and each occupant. (2) The mobile home space in which the mobile home is parked. (3) Date of entering the park. (4) Date of leaving the park. (5) The ~icense number with state of issuance, year, make, and model of each mobile home and the ve- hicle by which it is transported unless such vehicle is a licensed transporting company. The operator shall keep the register available at all times for times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. SECTION 6 R-T-l MOBILE HOME SUBDIVISION DISTRICT 6.1 GENERAL DESCRIPTION This district is composed desirable to attain a low area consisting of mobile individual ownership. of certain lands where it is to medium density residential homes on single lots under 6.2 USES PERMITTED Property and buildings in an R-T-l Mobile Home Subdivision District shall be use only for the following purposes: (1) Mobile homes and their customary accessory uses. (2) Beat houses and docks as accessory uses providing the roof of said boat house does not exceed eight (8) feet above the high water line. (3) Same as for R-l Single Family Dwelling District including customary accessory uses. 85 e e 86 Signs for identification of mobile home subdivisions shall be as provided in Chapter I I I, Section 10 6.6 SIGNS ~ Required improvements shall be provided in accordance with the provisions of the Orange County Subdivision Regulations, where not specified herein. 6.5 REQUIRED IMPROVEMENTS (2) Each R-T-1 District shall contain a minimum of ten (10) acres in area. Lot size shall be the same as those established for R-1A and R-1 Single Family Dwelling Distr Districts. Setbacks shall be seven and one-half (7~) feet from each side property line, and twenty feet from front and rear property line. (3) Deed covenants shall be developed to insure the main- tenance and upkeep of areas and facilities retained in common ownership in order to provide a safe, health- ful and attractive living environment within the Mo- bile Home Subdivision and to prevent the occurrence of blight and deterioration of the individual units. (1) Each application for rezoning shall be accompanied with a site plan as required. 6.4 REQUIREMENTS The following uses may be oermittedon review by the 1anning and oning ommission in accordance with the procedures described in Chapter II, Section 3.6 (1) Same as for R-1 Single Family Dwelling District including customary accessory uses, 6.3 USES PERMITTED ON REVIEW e e CHAPTER VI DEFINITIONS SECTION I INTERPRETATIONS OF WORDS AND TERMS For the purpose of this ordinance certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. (1) ACCESORY USE: A use customarily incidental, appropriate and subordinate to the principal use of land or build- ings and located upon the same lot therewith. (2) ADVERTISING SIGN: See signs. (3) AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. " (4) ALLEY: A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes. (5) APARTMENT HOUSE: See Dwelling. (6) AUTOMOBILE OR AUTOMOTIVE VEHICLE: A self propelled mechanical vehicle designed for use on streets and high- ways for the conveyance of goods and people, including but not limited to the following; passenger cars, trucks, busses, motor scooters and motor cycles, but not includ- ing construction equipment or machinery. (7) BASEMENT: A story partly or wholly underground. For purposes of height measurement a basement shall be counted as a story when more that one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises. (8) BILLBOARD: See Signs (9) BOARDING HOUSE: A building where lodging only is pro- vided for compensation to three (3) or more, but not exceeding twenty (20) persons. A building which has accomodations for more than twenty persons shall be de- fined as a hotel under the terms of this ordinance. (10) BUILDING: Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building. 87 ~ e e 88 (20) CITY COMMISSION: City Commission of the City of Ocoee. (21) CLUB, NIGHT: A restaurant, dining room, bar or nther similar establishment providing food or refreshments where- in paid floor shows or other forms of raid entertainment are provided for customers as a part of the commercial enterpri~e. (22) CLUB, PRIVATE: Buildings. facilities and property owned and operated by a corporation or association of persons for social or recreational purposes. including those (18) CHANGE OF OCCUPANCY: A discontinuance of an existing use and the substitution thereof of a use of a different land of class. This term does not include a change of tenants or proprietors unless accompanied by a change in type of use. (19) CHILD CARE CENTER: Any place, home or institution which receives three or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public insti- tutions caring for children within the institutional Duilding. (17) CAR WASH: A building, or portion thereof, containing facilities for washing automobiles; using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of automobiles, whether by operator or by customer. (15) CAMPING TRAILER: See recreational vehicles. (16) CARPORT: A private garage not completely enclosed by walls and doors. (14} BUILDING LINE: A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost of any uncovered porches, steps, gutters and similar fixtures, and the center line of any street when measured perpendicularly thereto. (13) BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof or to the average height of the highest gable of a pitch or hip roof. (12) B~ILDING,PRINCIPAL: A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed tne principal building on the lot on which the same is sit- uated. An attached carport, shed or garage or any other structure with one or more walls or a part of the principal building and structurally dependent. totally or in Dart, on the principal building, shall be deemed a part of the principal building, but a detached and structurally in- dependent carport. garage or other structure shall be deemed an accessory building. (11) BUILDING~ACCESSORY: A subordinate building or a portion of the main building located on the same lot as th~ main building, the use of which is incidental to that of the dominant use of the building or premises. e e organized chiefly to promote friendship and welfare among its members, but not ooerated primarily for profit or to render a service which is customarily carried on as a business, (22) COCKTAIL LOUNGE: A room having a bar and tables set up at all times and used for serving alcholic beverages dndj or food. (23) COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs. (24) DISTRICT: Any section or sections of the City of Ocoee for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein. (25) DORMITORY: A building containing sleeping accomodations for the use of students or instructors enrolled in or employed by a sponsoring education institution. (26) DWELLING: Any building or portion thereof, which is designed or used as living quarters for one or more families, but not including mobile homes or recreational vehicles as defined herein. (27) DWELLING, ONE-FAMILY: A detached dwelling designed to be occupied by one family. DWELLING, TWO-FAMILY: A detached dwelling designed to be occupied by two families living independently of each other. DWELLING, MULTIPLE FAMILY: A detached dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels or motels. (28) DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. (29) DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot. (30) DWELLING UNIT: A "dwelling unit" consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each "dwelling unit". (31) EMISSION: The act of passing into the atmosphere an air contaminant or gas stream which contains or may contain a contaminant or the material so passed into the atmosphere. (32) ESSENTIAL SERVICES: The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fir~ alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnish- ing of adequate service by such public utilities or municipal or other governmental agencies or for the public he~lth or safety or general welfare, but not including buildings. 89 e e 9 0 (42) GUEST COTTAGE: Living quarters within a detached accessory building located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building and their nonpaying guests, such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling. (40) GARAGE, STORAGE: A building or portion thereof designed or used exclusively for the storage or pari:ing of automobiles. Services, other than storage at such storage garage shall be limited to refueling, lubrication, washing, waxing and polishing. (41) GASOLINE STATION: See Service Station. (41A) GENERAL PLAN: The General Plan duly adopted by the City of Ocoee. (39) GARAGE, PUBLIC OR MECHANICAL: A building or portion thereof, other than a private or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motor-driven vehicles. Body work and painting shall be conducted within fully enclosed buildings. Self- propelled vehicles not in safe operating condition shall be stored in fully enclosed buildings. (38) GARAGE, PRIVATE: A detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises or their guests for the storage of self-propelled passenger vehicles or trailers. (37) GARAGE APARTMENT: A dwelling unit for one family erected above a private garage. See lot frontage (36) FRONTAGE: .. (34) FILLI~G STATION: See Service Station. (35) ~LOOR AREA: For the purpose of determining the floor area ratio the "floor area" of a building is the sum of the gross hotizontal areas of the sevaral floors of the build- ing measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building shall include basement floor area when more than one-half of the basement height is above the establisned curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet, ten inches, interior bal- conies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to offstreet parking or loading shall not be included in "floor area". (33) FAMILY: One (1) or more oersons occuoying a single dwell- ing unit provided that unless all members are related by law, blood, or marriage, no such family shall contain over five (5) persons, but further orovided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. r e e (43) HOME OCCUPATION: An occupation conducted entirely in a dwelling unit, provided that: (a) No person other than members of the family residing on the premises shall be engaged in such occupation; (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof; (c) There shall be no change in the outside appearance of the building or premises, or other visible e~idence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonillumi- nated, mounted flat against the wall of the principal building at a position not more than two feet (21) distant from the main entrance to the residence; (d) No home occupation shall be conducted in any accessory building; (e) No home occupation shall occupy more than twenty per cent (20%) of the first floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for oc- cupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached porch or garage which has been converted into living quarters, shall be considered as floor area until two (2) years after the date of completion thereof, as shown,by the records in the city building department; (f) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in required front yard ~ (g) No equi~ment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is con- ducted in a single-family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises~ (h) The following shall not be considered home occupations: Beauty shops, barbershops, band instrument or dance instructor, swimming instructor, art studio for group instruction, public dining facility or tearoom, antique or gift shops, photographic studio, fortune-telling, outdoor repair, food processing, sale of antiques, retail sales, nursery school or kindergarten. The giving of grouQ instruction shall not be deemed a home occupation; (1 The giving of individual instruction to one person, such as an art or piano teacher, shall be deemed a home oc- cu~ation, provided, however, that the provisions of sub-paragraph (h) above shall apply to prohibiting individual instruction as a home occupation for those activities listed in sub-paragraph (h) above; ~) 1 .. e e c)') (54) LOT FRONTAGE: The length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. (53) LOT, DEPTH: The average horizontal distance between the front and rear lot lines. (52) LOT, AREA: The total area measured on a horizontal plane, included within lot lines. (50) LODGING HOUSE: See Boarding House. (51) LOT: Any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by these re~ulations and other laws or ordinances, and having its principal frontage on a street. (49) LOADING SPACE: An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. (48) LAUNDRY OR DRY CLEANING, SELF-SERVICE: Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or drycleaning wearing apparel, cloths, fabrics and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer, (47) KENNEL: Any lot or premises on which are kept four (4) or more dogs, more than six (6) months of age. (46)JUNK YARD: An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, cloths, paper, rags, plumbing fixtures, rubber tires and bottles, A junk yard includes an automobile wrecking yard. (45) INDUSTRIAL PARK: A special or exclusive type of planned industrial area designed and equipped to accomodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors, Industrial parks may be promoted or sponsored by private developers, community organizations or government organizations, (44) HOTEL: A building, or part thereof, in which sleeping accomodations are offered to the public, with no cooking facilities for use by the occupants, and in which there may be a public dining room for the convenience of the guests. Access to the sleeping rooms shall be through an inside lobby or office, (k) ~ home occupation shall be subject to all applirable city occupational license and other business taxes. (j) Fabrication of articles such as are commonly classi- fied under the terms "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. r e e l (55) LOT LINES: The property lines bounding a lot. (a) Front - That property line which abuts on a public street, or in the event the property abuts on two or more streets it shall mean that proDerty line abutting on a street which has been so designated by the owner at the time of his application for a building permit. (b) Side - Any property line not a front lot line or a rear lot line. A side lot line se~arating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. (c) Rear - That boundary of a lot which is most distant from and is, or is most nearly, parallel to, the front lot 1 in e , (56) LOT OF RECORD: A lot whose existence, location and di- mensions have legally been recorded or registered in a deed or on a plat, ( 57) I AU . ~ ,,,. . \ . . "-. ....i.~ ~ j 8 ; ~ In the diagram, A=corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees, See lots marked A(l) in the diagram. LOT TYPES: The diagram (Figure 1) which follows illustrates terminology used in this ordinance with reference to corner lots, interior lots, reversed frontage lots and t h r 0 ugh lot s . ~'. \ . ! \ ~.,. A · .L C-D\ -- ~ \ \ r;f . B=interior lot, defined as a lot other than a corner lot with only one frontage on a street. C=through lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abut- ting two streets may be referred to as double frontage lots, D=reversed frontage lot, defined as a lot on w~ich the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area, A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (8-0) or a through lot (C-O). (58) LOT WIDTH: The average horizontal distance between the side lot lines. (59) MEDICAL FACILITIES: (a) Convalescent, Rest or Nursing Home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation. 9,1 .... I e e 94 (a) does not comply with all of the regulations of this ordinance or of any amendment hereto governing bulk or yards for the zoning district in which such build- ing or structure is located; or (b) is designed or intended for a non-conforming use. (66) NON-CONFORt1ING BUILDING OR STRUCTURE: A "non-conforming building or 'structure" is any building or structure which: (65) MOTEL, MOTOR COURT, MOTOR HOTEL, MOTOR LODGE: A group of attached or detached buildings containing indivudual sleep. ing units, with automobile storage or parking space pro- vided in connection therewith, designed for use primarily by automobile transients. (63) MOBILE HOME STAND: Mobile home stand shall mean that portion of the mobile home space intended for occupancy by the mobile home proper, consisting of a rectangular plot of ground 12 by 60 feet. (64) MOBILE HOME SUBDIVISION: A subdivision of land recorded in the office of the Clerk of the Circuit Court of Orange County, designed solely for the parking of mobile homes, the lots of which are sold for individual ownership and which provides dedicated streets, sewers, drainage, parks and other public use areas and facilities. (60) MOBILE HOME: See Trailer Coach. (61) MOBILE HOME PARK: Mobile home park shall mean any site or tract of land, of contiguous ownership, upon which mobile home spaces are provided for mobile home occupancy according to the requirements set forth in this ordinance for a charge. (62) MOBILE HOME SPACE: Mobile home space shall mean a plot of land within a mobile home park designed for the accomodation of one mobile home in accordance with the requirements set forth in this ordinance. (f) Sanatorium: An institution providing health facilities for in-patient medical treatment or treatment and re- cuperation making use of natural therapeutic agents. (e) Public Health Center: A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith. (d) Hospital: An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient depart- ments, training facilities, central services facilities, and staff ovvices which are an integral part of the facilities. (b) Dental Clinic or Medical Clinic: A racility for the examination and treatment of ill and afflicted human out-patients, provided that patients are not kept overnight except under emergency conditions. (c) Dental Office of Doctors Office: Same as dental or medical clinic, including osterpath, oculist, optometrist or chiropractor. IlIIIIII ,e e ( 6 7) WJ iJ - C IJ rJ ;:- ] R ~ I iV USE: ;.., II non - con for 111 i n 9 use II i san y use 0 f land, buildings, or structures, lawful at the time of the en act In en t 0 f t his 0 r din a n c e, ;'/ h i c h doe s not com ply Itl i t h all of the regulations of this Ordinance or of any amendment hereto governing use for the zoning district in which such use is located. ( 6 8) ~ llJ Y. I JUS :,1 A T T E R : r'l ate ria 1 w h i chi s cap a b 1 e 0 f c a u sin g injury to living organisms by chemical reaction. (69) OCTAV~ BAND FILTER: An electrical frequency analyzer de- signed according to standards formulated by the American Standards Association and used in conjunction with a so~nd level meter to take measurements in specific octave intervals. (70) PARKING LOT, OFF STREET: An area or plot of ground used for the storage or parking of mutor vehicles either for compensation or to provide an accessory service to a business, industrial or residential use. (71) PARKING SPACE: The storage space for one automobile of not less than eight feet by twenty feet; plus the necessary access space not located in a dedicated right- of-way. (72) PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in a finely divided form either as a liquid or a solid. (73) PERCEIVED NOISE LEVEL: A method of measuring complex sounds designated in the Journal of The Acoustical Society of America No. 31, Pages 1415-1429, 1959. (74) PERFORMANCE STANDARD: A criteria established to control such matters as, but not limited to, Moise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare and heat generated by or inherent in uses of land or buildings. (75) PLANNED DEVELOPMENT: A tract of land which is developed as an integrated unit under single ownershop or control, which includes two or more principal buildings, and where the specific requirements of a given district may be modified and where the minimum area is fixed. (76) PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of the City of Ocoee. (77) 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. (78) RESTAURANTS: An establishment where meals or pr~pared food, including beverages and confections, are served to customers. Restaurants are hereby classified and further defined into three (3) categories: (a) Type "A-l" Restaurants, Conventional: consisting of (minJmum number) seats or morG at tables or booths, with the number of counter-stools not exceeding (*note) percent of the number of tables and/or booths seats; with all service indoors; and providing no service to persons in vehicles, or at walk-up windows. ~) ~ .e .e 96 (1) Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation; (h) Minor servicing and repair of carburetors; (i) Emergency wiring repairs; (j) Adjusting and repairing brakes; (k) Minor motor adjustments not involving removal of the head or crankcase or racing the motor; (f) Greasing and lubricating; (g) Providing and repairing fuel pumps, oil pumps, and lines; (d) Radiator cleaning and flushing; (e) Washing and polishing, and sale of automotive washing and polishing materials, (c) Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windsheild wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the 1 i ke; (b) Tire servicing and repair, but not recapping or regrooving; (a) Sale and servicing of spark plugs, batteries, and distributors and distributor parts; (80) ROOMING HOUSE: See Boarding House. (81) SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, and .no other: (79) RINGLEMANN CHART: A method of designating smoke density or opacity as designated in the U.S. Bureau of Mines Inform- ation Circular No. 7718 and subsequent amendments thereto. (c) Type lA_3" Restaurants, Drive-Ins: any restaurant serving food and/or beverages to persons in their automobiles for consumption on the premises. This type restaurant may also include service features of both Type "A-l" and Type IA-2" restaurants as herein defined; however, the service of persons in automobiles on the premises shall cause any such restaurant to be classified as Type IA-3". (b) Type IA-2" Restaurants, Short-Order: specializing in short-order foods and beverages including the pre- paration of food to be taken out and consumed off the premises; may be a total counter-stool operation, or with any combination of counter-stool and/or tables or booths; and no service provided to persons in vehicles. Establishments disoensing food from service windows for consumption either on the premises or off the premises are classified as Type IA-2". This type restaurant may also include conventional Type II A - 111 restaurant services; however, a restaurant providing any of the short-order services as defined in this paragraph shall be classified as Type "A_2" restaurant. e e (m) Provision of road maps and other informational material to customer'S; provision of restroolll fa- cilities; (n) Rental of automobiles or luggage trailers. Uses permissible at a service station do not include major mechanical and body wcrk, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving undue noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service sta- tions. A service station is not a repair garage nor a body shop. (82) SETBACK: The mlnlmum horizontal distance between the street, rear or side lines of the lot and the front, rear or side lines of the building. (83) SHOPPING CENTER: A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provid~d on the property, and rela- ted in its location, size and type of shops to the trade area which the unit serves. (84) SIGN: Any structure or part thereof or device attached thereto or represented thereon, which shall display or include any letter, words, modcl, banner, flag, pennant, insignia or representation used as, or which is in the nature of an announcement, direction or advertisement. The ~Jord "sign" includes the word "billboard" or any other type of advertising device, but does not include the flag,.pennant, or insignia of any nation, state, city or other political unit. Types of signs are de- fined in the following categories. (a) Business ~ign - A sign which directs attention to the business or profession conducted on the premises. A "for sa1e", "to 1et" or "information" sign shall be deemed a business sign. (b) Advertising Signs - A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all. (c) Billboards - A type of advertising sign having more than one hundred (100) square feet of display sur- face which is either erected on the ground or attached to or supported by a building or structure. (d) Ground Sign - A sign supportcd by a pole, uprights, or braces on the ground. (e) Pole Sign or Banjo Sign - A type of ground sign at least ten (10) feet above the ground supported on a single post or pole most commonly associated with gasoline service stations. (f) Projecting Sign - A sign attached to a building or other structure and extending beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached. (g) \Jall or Flat Sign - Any sign erected parallel to the face or on the outside wall of any building which projects out at any angle therefrom and projects more than twelve (12) inches beyond the face of such wall. 97 e. e ~) .'i ( 9 3) S T R E E TeE: I T E R L I r~ E : The 1 i n e mid Iv a y bet 1'1 e e nth est r e e t (92) STREET RIGHT-OF-WAY LINE: The property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the exact location of the right-of- way is unknown, the side of the sidewalk fartherest from the centerline of the traveled street shall be con- sidered as the right-of-way line. (91) STREET: A public or private right-of-way which affords a primary means of vehicular access to abutting pro- perties. (90) STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story con- taining independent apartment or living quarters shall be counted as a full story. (89) STORY: That portion of a building, other than a base- ment, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the spece between the floor and the ceiling next above it. (88) STABLE, PUBLIC: A stable, other than a private stable, with a capacity for more than two (2) horses or mules. (87) STABLE, PRIVATE: A stable with a capacity for not more than two horses or mules. (86) STANDARD CONDITION: A condition in which the gas tem- perature is 600 Fahrenheit and the gas pressure is 14.7 pounds per square inch, dry basis. ( i) :.: a r ~ u e e S i iJ n - A pro j e c tin g s i g n a t t a c h e d too r h u n 9 fro III a III a r ~ u e e, and s aid In a r que e s h all b e k nOl'I n t 0 ;1 e a n a can 0 P Y 0 r co v ere d s t r u c t u r e pro j e c tin g f r,o 111 and supported by a building, when such canopy or covered structure extends beyond the building, Juilding line, or property line. (j) ~hingle Sign - A projection or a wall sign not over six (6) square feet in area, and projecting not more t h an tvlO (2) fee t 0 ve r pub 1 i cpr 0 per ty . (k) Temporary Sign - Temporary signs shall include any sign, banner, pennant, valance, or advertising display constructed of wood, metal, cloth, canvas, light fabric, cardboard, wallboard, or other light material, with or without frames, where either by reason of construction or purpose the sign is intended to be displayed for a short period of time only. (85) SPECIAL EXCEFTI0N: A special exception is a use that would not be appropriate generally or without restric- tion throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, con- venience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this zoning or- dinance. (h) Roof Sign - A detached sign sUDPorted upon the roof or wall of a building. e e right-of-way lines or the surveyed and platted centerline of a street which mayor may not be the line mid~ay between the existing right-of-way lines. ~) STRUCTURAL ALTERATION: Any change, except for repair or replacement, in the supporting members of a struc- ture, such as bearing walls or partitions. columns. beams or girders, or any substantial change in the roof or in the exterior walls of a structure. (95) STRUCTURAL ADDITION: -An addition to an existing building which requires additional structural or supporting members. (96) STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings. mobile homes, walls, fences, billboards and poster panels. (a) Temporary Structure - Any structure to serve a use temporarily such as a field or sales office or con- tractor's office for which a use permit may be granted by the Zoning Commission. (97) SUBDIVISION: A division of a lot, tract or parte1 of land into two (2) or more lots, plots, plats, or parcels of land for the purpose, whether immediate or future, of sale, rent, lease, building or other land use. (98) SWIMMING POOL: Any constructed pool over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet used for swimming or bathing. (99) TOURIST COURT: An area containing one (1) or more buildings designed Or intended to be used as temporary sleeping f~ci1ities of one or more transient families and intended primarily for automobile transients. (100) TOURIST HOME: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation. - (101) TOXIC MATERIALS: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. (102) TRAILER COACH: (Under Ch. 320. Florida .Statutes) means any vehicle or conveyance equipped to travel upon the public highways, not self-propelled, that is used either temporarily or permanently as a residerice, or a home Or apartme~t o~other housing accommodation. The term II t r ail er coach 1/ s h all i n c 1 u de: . (a) Mobile Home - A moveable or portable detached single family dwe11.ing designed for a capable ~f being used for long-term occupancy, or a temporary office, or a temporary storage building, d-signed to be transported after fabrication on its own permanent chassis and wheels, arriving at the site substantially complete, of such size and weight as to require special highway movement permits, and in excess of eight (8) feet in width and twenty-four (24) feet in length, but does not exceed twenty- four (24) feet in width and seventy-five (75) feet in length. (b) Recreational Vehicles shall include: 99 e .e 100 (108) YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in these regulations that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot lines and the main building shall be used. (a) Front Yard - A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building. (b) Rear Yard - A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the oppo- site end of the lot from the front yard. (c) Side Yard - A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (107) VARIANCE: A relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to the appli- cant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yqrds and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district. (106) USED CAR LOT: A lot or group of contiguous lots, used for the display and sale of used automobiles and where no repair work is done except the necessary washing, polishing of the cars to be displayed and sold .on the premises. . (f) Transitional Use - The use of a building or lot for permitted purposes in an area adjoining, ad- jacent, or opposite from, but separated by a street or alley, from an area of a lower classi- fication. may be used, occupied or maintained under this Ordinance. The use of any other building, other structure and/or land on the same lot and incidental or supplementary thereto and permitted under this Ordinance shall be considered an ac- cessory use. . . Travel Trailer - A venicular portable structure built on a chassis, designed and constructed to provide temporary living quarters for recreation, travel, or camping purposes; of such size and weight not to require special high~ay movement per- mits when drawn by a passenger automobile, but does not exceed eight (8) feet in width and twenty- four (24) feet in length. Camping Trailer - A vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location, providing temporary living quarters; and which is designed for recreation, travel, or camping purposes. Truck Camper - A portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, camping, or travel use. Motor Home - A structure built on and made an integral part of a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping and travel use. (103) TRAILER, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling ani- mals, produce, goods or commodities, including boats. (104) TRUCK STOP: Buildings and premises designed so as to cater principally to trucks. where the functions and services rendered by a mechanical garage may be ren- dered, but not to include the sturage of vehicles for the purpose of using parts of said vehicles for sale or repair. (105) USE: The purpose for which land or a structure there- on is designed, arranged or intended to be occupied or utilized, or for which it is occupied or maintained. (a) Accessory Use - (See Accessory or Auxiliary Use or Building) (b) Conditional Use - A use--either public or private-- which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular loca- tion, such "conditiona1 use" mayor may not be granted, subject to the terms of this Ordinance. (c) Incompatible Use - A use or service which is un- suitable for direct association with certain other uses because it is contradictory, incongruous or discordant. (d) Permitted Use - A use which may be lawfully es- tablished in a particular district or districts, provided it conforms with all requirements, regu- lations, and standards of such district. (e) Principal Use - The main or primary purpose for which a building, other structure and/or lot is designed, arranged, or intended or for which they ] ll] . e 102 (a) Eoual to or greater than the density desiqnated as Number Two on the Ringelmann Chart. Measurement shall be made at the point of emission; (a) Equal to or greater than the density designated as Number One on the Ringe1mann Chart. Measurement shall be made at the point of emission; (b) Of such opacity as to obscure an observer's view to a degree equal to or greater than the standard described in (1) above, except that when the presence of uncombined water is the only reason for failure to comply, the stan- dards prescribed above shall not apply; (c) Howevert when a fire box, boiler or combustion device is cleaned or a fire is being started therein, air con- taminants, the density of which is equal to Number One on the Ringe1mann Chart, may be permitted for a period not to exceed a total of four (4) minutes in anyone (1) hour period. (2) No operation or use in the commercial district or I-lor 1-2 industrial districts shall discharge into the atmosphere any air contaminants in excess of a concentration of 0.10 grams pel cubic foot per hour at standard conditions. Measurement shall be made at the point of emission. (3) Within any commercial district or 1-1 or I~2, industria1dis- tricts, all activities, including on-site transportation movements, paint spraying, grain handling, sand blasting, incineration and salvage operations shall be condutted in such a manner that air contaminants in excess of a concentration of 100 micrograms per cubic meter, standard conditions, will not be transported across the property line of the lot on which such activity is located. (4) No operation or use in the 1-3 General Industrial District sha discharge into the atmosphere from any single source, any air contaminant which is: , (1) No operation or use in any commercial I-lor 1-2 industrial district shall discharge into the atmosphere from any single source any air contaminant which is: SECTION 2 SMOKE AND PARTICULATE MATTER The purpose of this appendix is to establish standards of performance for commercial and industrial activities, to protect residential districts from certain adverse effects of commercial and industrial activitiest and to promote a safe and healthful environment in and near commercial and industrial districts. SECTION 1 INTENT PER F n R MAN C EST AND A R D S A D PEN D I X I 1 ., . . (b) Of such opacity as to obscure an observer's view to a degree equal to or greater than the standard described in (1) above except that when the presence of uncombined water is the only reason for failure to como1y, the stan- dards prescribed above shall not apply; . (c) However, when a fire box, boiler or comustion device is cleaned or a fire is being started therein, air contami- nants, the density of which is equal to Number Three on the Ringelmann Chart, may be permitted for a period not to exceed a total of eight (8) minut/es in anyone (1) hour period. (5) No operation or use in the 1-3 General Industrial District, shall discharge into the atmosphere any air contaminant in excess of a concentration of 0.20 grams per cubic foot at standard conditions. Measurement shall be made at the point of emission. (6) Within the 1-3 General Industrial District, all activities including on-site transportation movements, paint spraying, grain handling, sand blasting, incineration and salvage op- erations shall be conducted in such a manner that air contami- nants in excess of a concentration of 100 micrograms per cubic meter, standard conditions, will not be transported across the property line of the lot on which such activity is located. SECTION 3 ODOR (1) No use or operation shall be located or operated in any com- mercial district, or the I-lor 1-2 industrial districts which involves the emission of odorous matter which exceeds the odor threshold at the bounding property line or at any point beyond the tract on which the use or operation is located. (2) No use or operation shall be located or operated in the 1-3 General Industrial District which involves the emission of odorous matter which exceeds a concentration at the bounding property line or at any point beyond which, when diluted with an equal volume of odor-free air, exceeds the odor threshold. (3) The odor threshold as herein set forth shall be determined by observation by the enforcing officer. In any case, where uncer- tainty may arise, or where the operator or owner of an odor producing use may disagree with the enforcing officer, or wherE specific measurement of odor concentrating is required, the method and procedure, specified by the American Society for Testing Materials 1391-57 entitled: "Standard Method for Meas- uri ng Odor in Atmosoheres II shall be used, and a copy of such publication is hereby incorporated in this ordinance by ref- erence. SECTION 4 VIBRATION No operation or use in anv of the industrial districts shall, at any time, create earth60rne vibrations which when measure~ at th~ bounding Drooerty line of the source of operation exceed the limits set forth in the following tables: 10] ... . . 104 (3) The maximum Perceived ~oise Level limits at the bounding property line of any use may be subject to the corrections listed in the fOllowinq table: (2) These regulations shall not anply to aircraft while in flight or while involved in normal landing, take-off, or taxiinq operations. Such reou1ations shall, however, aoply to the testing of aircraft when not involved in normal landing, take- off, or taxiing operations. 70 70 70 70 C-3 I - 1 1-2 1-3 Perceived Noise Level PNdb District MAXIMUM PERCEIVED NOISE LEVEL LIMITS (1) At no point on the bounding property line of any use shall the Perceived Noise Level exceed the limits specified in the following table: SECTION 5 NOISE Vibration shall be measured by normal vibration analysis equipment with associated transducer mounted vertically on two-inch (2") pipe driven into the ground at least three (3) feet. .016 .02 .012 .015 .026 .046 1 2 to 5 5 to 10 10 to 20 20 to 50 o'ver 50 Acceleration G'S Single Amplitude Frequency in Cycles per Second MAXIMUM PERMITTED VIBRATION IN 1-3 DISTRICT .00062 .00084 .00055 .0014 .004 .0092 1 2 to 5 5 to 10 10 to 20 20 to 50 over 50 Acceleration GiS Single Amplitude Frequency in Cycles per Second MAXIMUM PERMITTED VIBRATION IN THE C-3 COMMERCIAL DISTRICT, OR THE I-lOR 1-2 DISTRICTS ""'Ill . . CORRECTION FACTORS FOR MAXIMUM PERCEIVED NOISE LEVEL LIMITS Type of Operation or Correction in Character of Noise PNdb Daytime operation only....................... + 5 Noise source operates less than 20% of anyone-hour period................. + 5* Noise source operates less than 5% of anyone-hour period............... .... + 10* Noise source operates less than 1% of anyone-hour period................... + 15* Noise of impulse character (such as hammerinq) ........................ 5 Noise of periodic character (such as humming)........................... 5 Note: Only one of these correction factors may be applied to a single site. (4) The sound pressure level shall be measured with a sound level meter with octave bank analyzer conforming to standards pre- scribed by the American Standards Association as set forth in a pamphlet published by the Association, entitled: "Americar Standard Sound Level Meters for Measurement of Noise and Other Sounds, No. Z 24.3" published in 1944, and another pamphlet published by the same Association, entitled: "American Standarc Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, No. Z 24.10" nuh1ished in 1953. * SECTION 6 GLARE AND HEAT Each use and activity within any districts shall be so de- signed and operated as to prevent the emission of glare and heat of usch intensity as to be readily perceptible at any point on the lot line of the property on which the use or activity is located. SECTION 7 INDUSTRIAL SEWAGE AND WASTE Every use and activity within any commercial district or industrial districts shall be so desiqned and operated as to prevent the discharge into any stream, lake, and ground or public sewer system, any waste which will be dangerous to persons or animals or which will damage plants or crops beyond the lot line of the property on which the use or activity is located. SECTION 8 SUBDIVISION OF INDUSTRIAL LAND All subdivisions of industrial land for Durposes of sale or for rent shall be conducted in accordance with the pro- visIons of in the Oranqe County, Florida Subdivision Regulations. 105 ,"