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Home My WebLink About2018-035 Collection Bins and Collection Trailers - LDC ORDINANCE NO. 2018-035 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE; AMENDING SECTION 2-4 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, CREATING A DEFINITION FOR THE TERM, COLLECTION BIN OR COLLECTION TRAILER; AMENDING SPECIFIC REGULATIONS INCLUDED WITHIN SECTIONS 6-14 AND 6-15 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO COMMERCIAL AND INDUSTRIAL DEVELOPMENT REGULATIONS AND MULTIFAMILY DEVELOPMENT STANDARDS, TO INCLUDE COLLECTION BINS AND COLLECTION TRAILERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, on August 14, 2018, the City of Ocoee Planning and Zoning Commission held a public hearing on proposed amendments to the Land Development Code to specify collection bins and trailers in commercial and industrial development regulations, as well as in multifamily development standards, and recommended that the Ocoee City Commission approve said amendments; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in a public hearing in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to Section 2-4. A new Paragraph (71) is added to Subsection C of Section 2-4 of the City of Ocoee Land Development Code to read as follows with underlines showing additions: SECTION 2-4. DEFINITION OF TERMS. C. For the purposes of this Code, the following terms shall have the meanings set forth in this section unless otherwise indicated by the context: (71) Collection bin or Collection trailer: Any stationary or free-standing container, receptacle or similar device, which includes a mobile trailer used for the collection of donated items, that is located outdoors on any property within the City and is used for the collection of donated or recycled items, such as clothing, books, shoes, electronics, or other personal property. This term does not include any of the following: (1) a bin used for the collection of donated items associated with a special event, provided the bin is removed when the special event ends, but in no event later than forty-eight (48) hours after being placed at the special event site; and (2) a container for the collection of recyclable materials associated with the City of Ocoee or the Orange County Solid Waste Division. (Subsequent paragraphs are renumbered.) (All other provisions of section 2-4 of the City of Ocoee Land Development Code remain unchanged by this amendment.) SECTION 3. Amendment to Section 6-14. Subparagraphs (j) and (k) of Paragraph (1) of Subsection C of Section 6-14 of the City of Ocoee Land Development Code are hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 6-14. COMMERCIAL AND INDUSTRIAL DEVELOPMENT REGULATIONS C. Private Property (1) Site Design Standards. (j) Storage and Service Areas. All service areas shall be designed and located so as to be unobtrusive and architecturally integrated into the building's overall design. All infrastructure, pipes, equipment, and other mechanical equipment shall be disguised or camouflaged to ensure unique and visually appealing buildings and projects. i. Service, delivery, and dumpster areas must be located to minimize visibility from adjacent streets and adjacent properties. ii. Service, delivery, and dumpster areas shall be located at the rear or side of the building and substantially screened with masonry walls and opaque landscaping. iii. No long-term storage containers, compactors, collection bins, collection trailers, or dumpsters will be located on a parcel except within fully screened masonry enclosures designed for that purpose. (k) Miscellaneous Site Facilities. i. No shopping cart corrals shall be permitted adjoining a building or within parking areas unless screened with masonry walls, landscaping or other acceptable buffers. ii. No outside freestanding vending machines, video games, propane stations, electric rides, newspaper boxes, collection bins, collection trailers, or similar equipment shall be permitted unless substantially screened from view from adjacent roads or parking areas. iii. No outside display of products of any kind shall be permitted unless substantially screened within an enclosure. iv. No outside work areas shall be permitted unless substantially screened from view. (All other provisions of section 6-14 of the City of Ocoee Land Development Code remain unchanged by this amendment.) SECTION 4. Amendment to Section 6-15. A new paragraph N is added to Section 6-15 of the City of Ocoee Land Development Code to read as follows with underlines showing additions: SECTION 6-15. MULTIFAMILY DEVELOPMENT STANDARDS N. No long-term storage containers, compactors, collection bins, collection trailers, or dumpsters will be located on a parcel except within fully screened masonry enclosures designed for that purpose. (Subsequent paragraphs are relettered.) (All other provisions of section 6-15 of the City of Ocoee Land Development Code remain unchanged by this amendment.) SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the City Commission of the City that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 4.1 PASSED AND ADOPTED this oc' day of ,thh/c , 2018. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA /Stlik.&t Melanie Sibbitt, City Clerk usty John 416.yor (SEAL) ADVERTISED c5:49lrAbit• i1 , 2018 READ FIRST TIME,j, . /1 , 2018 RE4D SECOND TIME AND ADOPTED r /pher 0.7 , 2018 UNDER AGENDA ITEM NO. 9 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 21jday of oc 2018. SHUFFIELD, LOWMAN & WILSON, P.A. By: .$ Ci :