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Item 11 Second Reading of Ordinance for Land Development Code (LDC) Amendment to Article V, Section 5-15B and Table 5-1 Relating to Major Community Residential Homes and Commercial Recreation FacilitiesMeeting Date: November 15, 2022 Item Reviewed By: Contact Name: Anoch Whitfield, Zoning Mana . partment Director: Flic ume, .. Contact Number: Ext. 1016 City Manager: � rank Background Summary: The First Reading was held on Tuesday, November 1, 2022. With respect to Major Community Residential Homes (CRH)s, Table 5-1 allows a Major Community Residential Home (CRH) use in the agriculture zoning districts (A-1 and A-2) and all of the residential zoning districts (RCE-1 through R-3) as a permitted use by right; however, Section 5-15B(3) of Article V stipulates that a conditional use permit and Planning and Zoning Commission/City Commission approval are required. Due to this discrepancy, staff has identified the need to amend the relevant provisions of the Code relative to Major CRHs in order to eliminate the discrepancy and establish clear processes and expectations for this use. To summarize, the staff proposes the following: 1) Modify Table 5-1 to prohibit major community residential homes in the A-1, A-2, and RCE-1 through R- 2 zoning districts and require a Special Exception approval for them in the R-3 Multi -family Dwelling District, and 2) Modify Section 5-15B(3) to: a) Replace the reference to "conditional use permit" with a clear reference to the requirement for a Special Exception approval; and b) Clarify the application process and establish criteria for approval of a Major Community Residential Home. With respect to Recreation Facilities, Section 2-4 in Article II currently defines commercial and neighborhood recreation facilities as follows: (258) "Recreation Facility, Commercial" is defined as a "facility providing for indoor or outdoor recreational activity consisting of the following: a) Indoor Recreation Facility: Arcades, billiard and pool parlors, bowling alleys, indoor recreation centers, gymnasium, spas, health clubs, and similar activities. b) Outdoor Recreation Facility: Miniature golf courses, golf driving ranges, go-cart tracks, stables, horse riding areas, and similar activities." (260) "Recreation Facility, Neighborhood" is defined as "any outdoor recreational activity which is oriented to the needs of persons living in fairly close proximity and specifically includes playgrounds, playfields, ballparks, tennis and basketball courts, facilities for jogging and cycling, boat docks and boat ramps (but not marinas), fishing piers, and similar uses, including buildings and facilities for such uses." It has come to staff's attention that Commercial Recreation Facilities (which include intensive outdoor activities) are permitted by right in C-2, C-3, 1-1, and 1-2 zoning districts; however, Neighborhood Recreation Facilities (which include less intensive, neighborhood -oriented outdoor activities) require a Special Exception approval in those same C-2, C-3, 1-1, and 1-2 zoning districts. Since outdoor Commercial Recreation Facilities and activities are more intense and impactful to surrounding neighborhoods and properties than outdoor Neighborhood Recreation Facilities, staff is proposing to modify Table 5-1 to create a distinction between "Indoor" and "Outdoor" Commercial Recreation Facilities. Specifically, Indoor Commercial Recreation Facilities may continue to be permitted by right in the C-2, C-3, 1-,1, and 1-2 zoning districts; however, Outdoor Commercial Recreation Facilities will be required a Special Exception approval in the C-2, C-3, I-,1 and 1-2 zoning districts. Requiring the Special Exception for these outdoor commercial and recreational facilities will allow the City the ability to ensure that conditions are in place to protect the surrounding properties. Staff feels that the proposed LDC amendments will resolve discrepancies relative to Community Residential Homes and alleviate potential adverse impacts of outdoor commercial recreation facilities to the surrounding properties. Issue: Should the Honorable Mayor and City Commission approve a proposed ordinance to amend Article V, Section 5-15B and Table 5-1 relating to Major Community Residential Homes and Commercial Recreation Facilities? Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (PZC) reviewed and discussed the proposed LDC amendment at its October 11, 2022, public hearing. Discussions are summarized below: Discussion Topics: Response: Can the ordinance be revised to include Requirements for compliance with local and state building requirements for major community residential and fire safety regulations are currently included in the homes to be subject to fire inspection? proposed ordinance. Can the ordinance be revised, or can City Attorney stated that she is uncomfortable with putting something be put in place to require that the such a provision into the ordinance or requiring the approval major community residential home applicant by the HOA without further investigation by the City obtain approval from the Homeowners Attorney's Office as this may conflict with the legislation. The Association? Florida Statutes specifically calls this use (a community residential home serving 7 to 14 residents) a residential dwelling, not a commercial business. Can the City provide some type of notification Staff indicated that perhaps a static map of the to Homeowner Associations regarding existing/reserved locations for ALF reservations could be upcoming assisted living facilities? made available on the Zoning website. There would not be a public notice as the issuance of a reservation letter for a minor or major community residential home does not require a public hearing. Clarification was made that the Assisted Living Facility/Group Home Reservation application process is to ensure that the minimum distance separation requirements of the Code and Florida Statutes are met. The issuance of the ALF Reservation Letter is only to reserve that specific location for a period of six (6) months to allow the operator time to complete their application/licensing process with the State. The ALF Letter is not a permit, and the City is not approving or licensing the ALF. It was reiterated that this proposed ordinance is intended to correct a discrepancy between Table 5-1 and Section 5-15B and ensure that the Major Community Residential Homes followed the appropriate process. Following discussion, the proposed ordinance passed with a recommendation of approval with a 4 to 1 vote Staff Recommendation: Staff recommends that the Honorable Mayor and City Commission approve the proposed Ordinance implementing amendments to Article V, Section 5-15B and Table 5-1 relating to Major Community Residential Homes and Commercial Recreation Facilities. Attachments: Section 419.001, Florida Statutes Proposed Ordinance Financial Impact: None Type of Item: (please mark with an 'Y) Public Hearing Ordinance First Reading X Ordinance Second Reading/Public Hearing _ Resolution X_ Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A Select Year: 2022 v [ Go The 2022 Florida Statutes Title XXX Chapter 419 View Entire Chapter SOCIAL WELFARE COMMUNITY RESIDENTIAL HOMES 419.001 Site selection of community residential homes.— (1) For the purposes of this section, the term: (a) "Community residential home" means a dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. (b) "Licensing entity" or "licensing entities" means the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or the Agency for Health Care Administration, all of which are authorized to license a community residential home to serve residents. (c) "Local government" means a county as set forth in chapter 7 or a municipality incorporated under the provisions of chapter 165. (d) "Planned residential community" means a local government-approved, planned unit development that is under unified control, is planned and developed as a whole, has a minimum gross lot area of 8 acres, and has amenities that are designed to serve residents with a developmental disability as defined in s. 393.063 but that shall also provide housing options for other individuals. The community shall provide choices with regard to housing arrangements, support providers, and activities. The residents' freedom of movement within and outside the community may not be restricted. For the purposes of this paragraph, local government approval must be based on criteria that include, but are not limited to, compliance with appropriate land use, zoning, and building codes. A planned residential community may contain two or more community residential homes that are contiguous to one another. A planned residential community may not be located within a 10-mile radius of any other planned residential community. (e) "Resident" means any of the following: a frail elder as defined in s. 429.65; a person who has a disability as defined in s. 760.22(3)(a); a person who has a developmental disability as defined in s. 393.063; a nondangerous person who has a mental illness as defined in s. 394.455; or a child who is found to be dependent as defined in s. 39.01 or s. 984.03, or a child in need of services as defined in s. 984.03 or s. 985.03. (f) "Sponsoring agency" means an agency or unit of government, a profit or nonprofit agency, or any other person or organization which intends to establish or operate a community residential home. rp (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes are not located within a radius of 1,000 feet of another existing such home with six or fewer residents or within a radius of 1,200 feet of another existing community residential home. Such homes with six or fewer residents are not required to comply with the notification provisions of this section; provided that, before licensure, the sponsoring agency provides the local government with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the local government in which the proposed site is to be located in order to show that there is not a home of six or fewer residents which otherwise meets the definition of a community residential home within a radius of 1,000 feet and not a community residential home within a radius of 1,200 feet of the proposed home. At the time of home occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensing entity. For purposes of local land use and zoning determinations, this subsection does not affect the legal nonconforming use status of any community residential home lawfully permitted and operating as of July 1, 2016. )vU. )(. (3)(a) When a site for a community residential home has been selected by a sponsoring agency in an area zoned \- for multifamily, the agency shall notify the chief executive officer of the local government in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the licensing entity indicating the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring agency shall also provide to the local government the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the local government in which the proposed site is to be located. The local government shall review the notification of the sponsoring agency in accordance with the zoning ordinance of the jurisdiction. (b) Pursuant to such review, the local government may: 1. Determine that the siting of the community residential home is in accordance with local zoning and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected. 2. Fail to respond within 60 days. If the local government fails to respond within such time, the sponsoring agency may establish the home at the site selected. 3. Deny the siting of the home. (c) The local government shall not deny the siting of a community residential home unless the local government establishes that the siting of the home at the site selected: 1. Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area. 2. Does not meet applicable licensing criteria established and determined by the licensing entity, including requirements that the home be located to assure the safe care and supervision of all clients in the home. 3. Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area. (4) Community residential homes, including homes of six or fewer residents which would otherwise meet the definition of a community residential home, which are located within a planned residential community are not subject to the proximity requirements of this section and may be contiguous to each other. A planned residential community must comply with the applicable local government's land development code and other local ordinances. A local government may not impose proximity limitations between homes within a planned residential community if such limitations are based solely on the types of residents anticipated to be living in the community. (5) All distance requirements in this section shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home. (6) If agreed to by both the local government and the sponsoring agency, a conflict may be resolved through informal mediation. The local government shall arrange for the services of an independent mediator. Mediation shall be concluded within 45 days of a request therefor. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law. (7) The licensing entity shall not issue a license to a sponsoring agency for operation of a community residential home if the sponsoring agency does not notify the local government of its intention to establish a program, as required by subsection (3). A license issued without compliance with the provisions of this section shall be considered null and void, and continued operation of the home may be enjoined. (8) A dwelling unit housing a community residential home established pursuant to this section shall be subject to the same local laws and ordinances applicable to other noncommercial, residential family units in the area in which it is established. (9) Nothing in this section shall be deemed to affect the authority of any community residential home lawfully established prior to October 1, 1989, to continue to operate. (10) Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others. (11) The siting of community residential homes in areas zoned for single family shall be governed by local zoning ordinances. Nothing in this section prohibits a local government from authorizing the development of community residential homes in areas zoned for single family. (12) Nothing in this section requires any local government to adopt a new ordinance if it has in place an ordinance governing the placement of community residential homes that meet the criteria of this section. State law on community residential homes controls over local ordinances, but nothing in this section prohibits a local government from adopting more liberal standards for siting such homes. History.—s. 1, ch. 89-372; s, 1, ch. 90-192; s. 4, ch. 91-429; s. 36, ch. 93-206; s. 6, ch. 95-152; s. 42, ch. 96-169; s. 222, ch. 97-101; s. 46, ch. 98-280; s. 14, ch. 98-338; s. 53, ch. 99-193; s. 23, ch. 99-284; s. 7, ch. 2000-135; s. 93, ch. 2004-267; s. 34, ch. 2006-86; s. 110, ch. 2006-120; s. 1, ch. 2006-177; s. 99, ch. 2007-5; s. 30, ch. 2008-245; s. 3, ch. 2010-193; s. 237, ch. 2014-19; s. 29, ch. 2015-30; s. 1,ch. 2016-74; s. 3, ch. 2020-76. Copyright© 1995-2022 The Florida Legislature • Privacy Statement • Contact Us ORDINANCE NO. 2022- (LDC Update for Major Community Residential Homes and Commercial Recreation Facilities) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT•DSECTION 5- 15B RELATING TO MAJOR COMMUNITY RESIDENTIAL HOMES • ; RECREATION FACILITIES; PRO FOR CODIFICATION; PROVIDING •- • PROVIDING FOR PROVIDINGDATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City has identified internal inconsistencies in the Use Regulations of Article V of the Land Development Code relative to community residential homes and commercial recreation facilities that may result in adverse impacts to surrounding residential neighborhoods and properties; and WHEREAS, the City has found it is necessary to protect existing adjacent properties from potential adverse impacts of such community residential homes and commercial recreation facilities and to ensure the health, safety, and general welfare of the public; and WHEREAS, on October 11, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, held an advertised and publicly noticed public hearing and recommended approval of an amendment proposed by staff to revise Section 5-15B and Table 5-1 of the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955, Florida Statutes, relating to community residential homes and commercial recreation facilities; and WHEREAS, the Ocoee City Commission, in good faith, determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public; and WHEREAS, following the advertisement and duly noticed public hearing on the Ordinance on Tuesday, November 15, 2022, the Ocoee City Commission approved the amendments to Section 5-15B and Table 5-1 of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 3. AMENDMENT OF THE LDC. Section 5-15B of Article V of the City of Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "A" and Table 5-1 of Article V of the City of Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "B", with underlines representing additions and strike-throughs representing deletions, relating to major community residential homes and commercial recreation facilities. SECTION 4. CONFLICT. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. 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 Ocoee City Commission that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re -lettered, and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without the need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. immediately upon passage and adoption. This Ordinance shall become effective day of 12022. [Space intentionally blank] -2- Evi-fzmf Melanie Sibbitt, City Clerk (SEAL) 1;[*] rXiblAK13 z 111 :44111 M-Itki Lei as] Z I wd Wall: I TO FORM AND LEGALITY this day of 12022. By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED 12022 READ FIRST TIME 12022. READ SECOND TIME AND ADOPTED 12022. UNDER AGENDA ITEM NO. -3- Changes are hereby made to Section 5-15B, as follows, with underline representing additions and strike -through representing deletions: a* B. Community Residential Homes. (1) Purpose. This S8oUOD is intended to provide reasonable Gt8Dd8ndS and procedures for the deVe|oprnaD1 of "COD101UDit« residential homes" (@|SU referred to as "group homes", "halfway housea", etc.) consistent with the neqUineDO8DtS 0fChapter 419` Florida Statutes. (2) Procedure for approval of minor community residential homes. PhO[ to the hsaU8ODe Of 8 certificate of ooCUp8OCy, the operator of a [OiDO[ community residential home or the 0VVOe[ Of the property shall provide the Building Official and Director with @ Gt8te[D8Dt certifying that the use is in CODlp|i8Dce with the neGt[i[tiODS set out in Section 419.001/2\' Florida Gt8tUt8a. and in particular with the prohibition on the |OC8tiOD of such @ use within one thousand (1.000) feet of an existing minor community residential home home.residential Failure to maintain |iCeDsUFe by the . failure to limit OCCUp8Dcy to six /O\ qualifying n3SideDtS. 8Dd/0F failure to meet the St8DdGndS of Section 418,001. Florida 8tGtUteS, Or any standard Of the County applicable to SiOg|H family dwellings shall result in the revocation of the certificate of occupancy and require the abandonment ofthe use. (3)P0cedUre for approval of MaL qr community residential homes. anqD�������Section 419.001(f), Florida Statutes, osed shall first obtain a Special Exception approval. 0bAD application for h8l with the requirements of Section 4-8 of Article IV and shall be accompanied by the information identified in Section 419.001/3\(8), Florida Statutes, U information identified as being requirements of Section 410.001 FloridaStatutes aPA-with the Special Exception requirements of Section 4-8 of ArticIeN, and withthe _follow�in C0DSide[Og its 8CUOO OD the [BqUBSt` the Planning and Zoning C|OD1DliSSiUO and the City CODlDli8GiOD Sh8il, in addition to the requirements and ot8Od8ndG as set out in this Code and in the Comprehensive P|an, consider the standards and pPDViSiOOS Of S8[tiODS 419.001(3)/b\ and (C) and 419.001(4). Florida Statutes. (4)/#te[ 8pp[OV@| Of 8 major community residential h0Dl the Licensing_A_qency,—, i|U[8 to DlGiDbgiD liceOSUne he . f8i|UPB to limit 0CCUp@OCy to fourteen /14\ qU8|ih/iDQ residents, and/or failure to meet the St8Od8ndS Of SeCUOD 419.001. Florida StGtUtes, or any St@Dd@[d Of the City applicable to shall ne8U|t in the [8VOC@tiOD of the certificate Ofoccupancy and require the abandonment Ofthe use. -5- Changes are hereby made to Table 5-1, as follows, with underline representing additions and strike -through representing deletions: [Table 5-1 on next page] [Space Intentionally Left Blank] -6- TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 55=2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. - ° = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-3C for List of Additional Prohibited Uses USE A-1 A-2 RCE-1 RCE-2 R-1A R-1 R- 1AAA R-1 AA R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 AGRICULTURAL USES Agriculture Agricultural Processing P P P P P P P P - - - - - - RESIDENTIAL USES Adult Congregate Living Facility (ACLF) P P P P P P P - - - - - - - Community Residential Home, Major***** S - - - - - - - Community Residential Home, Minor P P P P P P P - - - - - - - Dwelling, Single -Family P P P P P P P - - S - - - - Dwelling, Two -Family P - - - - P P - - - - - - - Dwelling, Multi -family - - - - - - P - - - - - - - Dwelling, Mobile Home P - - - - - - P - - - - - - Mixed -Use Development (Mixed -use development will be allowed by PUD and special use districts adhering to the requirements specified in Article IV) - - - - - - - - S S S S S - Mobile Home Development - - - - - - - P Nursing Home - S S - - - S - - - P P P - COMMERCIAL USES Adult Entertainment Establishments - - - - - - - - - - - S ' Appliance Store - - - - - - - - - - P P P - Automotive Body Repair - - - - - - - - - - - - P P Automobile Parking Lot - - - - - - - - - - P P P P TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and othe "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. " - " = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses USE A-1 A-2 RCE-1 RCE-2 R-1A R-1 R- 1AAA R-1AA R-2 R-3 RT- I PS C-1 C-2 C-3 1-1 1-2 Automobile Repair - P P P Automobile Sales (New and Used) - S P P Automobile Service Station - P** P** P Automotive Wrecking or Salvage Yards - P Bar (associated with restaurant seating 45 people) - - - - - P P P P Bars and Cocktail Lounges - - - - - S* P P - Boat Sales and Service - - - - - P P - Bus Terminal - - - - - P P - Car Wash - - - - - P P - Clinic, Dental or Medical - - - - - P P P P P P Commercial, Convenience - - - - - P P P P P Commercial, Convenience with Gas Sales - - - - - S P P P Commercial, Retail - - - P P P S Department Store - - - - - P P P Equipment Sates - - - - - S P P P P Funeral Parlor - - - - - P P P - Furniture Repair and Upholstery - - - - P P P - Furniture Store - - - - - P P P - Gallery/ Museum - - - - - P P P - Gas Station - - - - - S P P - Grocery Store/ Supermarket P P P - TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. 1,- 11 = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of AdditionaL Prohibited Uses USE A-1 A-2 RCE-1 RCE-2 R-1A R-1 R- 1AAA R-1AA R-2 R-3 RT- I PS C-1 C-2 C-3 1-1 1-2 Heating and Air Conditioning Sales and Service with outside storage - P P - Heating, Ventilating, Plumbing Supplies, Sales, Et Service - P P P - Hospital - S S P P P - Hotel or Motel - S P P - Interior Decorating Store - P P P - Live Entertainment Establishment - S Liquor Store, No on -premise consumption P P P Mobile Home and Travel Trailer Sales P P Monument Sales P P Motor Vehicle Wholesale P P P Movie Theater - - P P P Music, Radio, TV Shop - - P P P Nursery/ Garden Supply Store - - P P P Pawn Shop - - - P P Pre -Fabricated House Sales - - - P P Printing, Book Binding, Lithograph, and Publishing Plants - - - P P Professional Offices - - - P P P P P P Radio Broadcasting and TV Stations, Studios, Et Offices - - - P P TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. " - " - This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses USE A-1 A-2 RCE-1 RCE-2 R-1A R-1 R- 1AAA R-1AA R-2 R-3 RT- 1 PS C-1 C-2 C-3 1-1 1-2 Recreational Vehicle Park - - - S S S Restaurant - - - P*** P*** P*** P*** P Self -storage Facility**** - - - S S Sign Painting Shop - - - P P Veterinary Hospitals and Kennels when confined within structure - - - P P INDUSTRIAL USES Borrow Pits S Industrial Park - - - P P Industrial, Light - - - P P Industry, Heavy - - - P Transfer Station - - - S Truck Stop P Warehousing/ Distribution P P PUBLIC AND SEMI-PUBLIC USES Child Care Facilities S S S S S S Church P P P S S S S S S S S Club or Community Use S S S S S Conservation Use P P P P P P P P P P P P P P Golf Course/ Country Club P P P P P P P - I - P P P P TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District "S" = Special Exception in that Zoning District (requires advertised public hearings) - ' = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-3C for List of Additional Prohibited Uses Refer to Table 55=2 for setbacks and other development requirements. USE A-1 A-2 RCE-1 RCE-2 R-1A R-1 R- 1AAA R-1 AA R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 Public Service or Utility S S S S S S S S S S S S S S Public Service, Essential P P P P P P P P P P P P P P Recreation Facility, Commercial - Indoor - - - - - - - - - - P P P P Recreation Facilityp Commercial - Outdoor _ _ _ _ _ _ _ _ _ _ S S S S Recreation Facility, Neighborhood P P P S S S S S S S S S S S School P P P S S S S S S S S S - - Telecommunications Service Facilities Refer to Article V, Section 5-19 and Map 5-19 * Bars and Cocktail Lounges are permitted by Special Exception in the C-2 zoning districts, except as otherwise specifically permitted by separate ordinance or elsewhere in the Code. ** In Special Overlay Districts: 1. Facilities shall be limited to three (3) bays, unless a waiver is granted by the City Commission. 2. No bays shall be visible from any public right-of-way. *** In Special Overlay Districts: 1. New drive -through fast food restaurants may not have access or be located directly onto an arterial or collector roadway as designated by the City of Ocoee. 2. No drive -through lane(s) shall be visible from any public right-of-way. **** In Special Overlay Districts: 1. Self -storage is permitted only as an accessory use. An accessory use shall be defined as no more than thirty-five (35) percent of the building or parcel of land may be used for self -storage. If the mix of uses is separated on site, the self -storage area(s) visible from the roadways must be lined with office or retail frontage. 2. Any self -storage facility with frontage on an arterial street must be located behind a retail business. ***** Refer to Section 5-15B Procedure for approval of a major community residential home. 2B; The West Orange Times Thursdav November 3. 2022 Advertisement or Article