2022-26 Amending LDC for Major Community Residential Homes and Commercial Recreation Facilities ORDINANCE NO. 2022-26
(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 CODE ARTICLE V, SECTION 5-
15B AND TABLE 5-1 RELATING TO MAJOR COMMUNITY RESIDENTIAL
• HOMES AND COMMERCIAL RECREATION FACILITIES; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority,
police power, land development and zoning authority, and governmental and proprietary powers
necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
WHEREAS, the City has identified internal inconsistencies 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. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of din1/214&/- , 2022.
[Space intentionally blank]
-2-
EXHIBIT "A"
Changes are hereby made to Section 5-15B, as follows, with underline representing additions
and strike-through representing deletions:
ARTICLE V
***
§ 5-15. -SPECIFIC USE/DEVELOPMENT STANDARDS.
***
B. Community Residential Homes.
(1) Purpose.
This section is intended to provide reasonable standards and procedures for the
development of "community residential homes" (also referred to as "group
homes", "halfway houses", etc.) consistent with the requirements of Chapter 419,
Florida Statutes.
(2) Procedure for approval of minor community residential homes.
Prior to the issuance of a certificate of occupancy, the operator of a minor
community residential home or the owner of the property shall provide the
Building Official and Zoning Development Services. Director with a statement
certifying that the use is in compliance with the restrictions' set out in Section
419.001(2), Florida Statutes, and in particular with the prohibition on the location
of such a use within one thousand (1,000) feet of an existing minor community
residential home or within a radius of 1,200 feet of an existing maior community
residential home. Failure to maintain licensure by the DepaFtment-ef-Health-and
Rehabilitative Licensing Agency, failure to limit occupancy to six (6)
qualifying residents, and/or failure to meet the standards of Section 419.001,
Florida Statutes, or any standard of the County applicable to single family
dwellings shall result in the revocation of the certificate of occupancy and require
the abandonment of the use.
(3) Procedure for approval of maior community residential homes.
(a) Prior to the, issuance of a certificate of occupancy, the operator or
Sponsoring Agency, as defined by Section 419.001(f), Florida Statutes,
of a maior community residential home or the owner of the property within
which a maior community residential home is proposed shall first obtain a
Special Exception approval.
(b) An application for a conditional special exception use permit shall comply
with the requirements of Section 4-8 of Article IV and shall be
accompanied by the information identified in Section 419.001(3)(a),
Florida Statutes, and including including all information identified as being
the responsibility of the District Administrator of the Department of Health
Rehabilitativeand
Licensing Aciency, as defined, by Section
419.001(1)(b), Florida Statutes.
-4-
(c) -The Building Official and Building and Zoning Official Development
Services Director shall review the materials submitted and determine that
the submission complies with the requirements of Section 419.001,
Florida Statutes, and-with the Special Exception requirements of Section
4-8 of Article IV, and with the following standards:
a. The use of the dwelling for a.major community residential home
will not result in a concentration of such homes in the area. A
home within a radius of 1,200 feet of another home in any zoning
district shall be an overconcentration of such homes. A home
within a radius of 500 feet of a single-family zoning district shall be
an overconcentration of such homes. Per Section 419.001(5), all
distance requirements 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.
b. The use of the dwelling unit for, a major community residential
home shall be clearly incidental and subordinate to its use for
residential purposes. Operation of the home shall not
substantially alter the use of the property as a single-family home
or the nature or character of the area as a residential
neighborhood.
c. In addition to the number of spaces required for the principal use,
parking shall be provided at a rate of one (1) space per five (5)
beds. Parking and vehicular and pedestrian areas shall comply
with Article VI, Section 6-4.
d. Operation of the major community residential home shall comply
with all of the City's residential districtsI standards with respect to
noise, littering, and waste disposal regulations established in
Chapters '101, 113, and 143 of the Code of Ordinances as well as
local and state building and fire safety regulations.
{a-)(d) for multi family development as set out , in this Article. In
considering its action on the request, the Planning and Zoning
Commission and the City Commission shall, in addition to the
requirements and standards for multi family dwellings,as set out in this
Code and in the Comprehensive Plan, consider the standards and
provisions of Sections 419.001(3)(b) and (c) and 419.001(4), Florida
Statutes.
(4) After approval of a major community residential home, the operator/Sponsoring
Agency shall submit to the City evidence of the licensed being issued and valid by
the Licensing Agency. , fFailure to maintain licensure by-from the Department of
Health—and—Rehabilitative—ServidesLicensing Agency, failure to limit occupancy to
fourteen (14) qualifying residents, and/or failure to meet the standards of Section
419.001, Florida Statutes, or any standard of the City applicable to multi family
dwellingsthe major community residential home shall result in the revocation of the
certificate of occupancy and require the abandonment of the use.
-5-
EXHIBIT "B"
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 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 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2
RCE-2 R-1 lAAA
R-1AA
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 -**"* P. fa R R R fa RS - - - - - -
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 - - - - - - - - S S S S S -
development will be allowed by PUD and
special use districts adhering to the
requirements specified in Article IV)
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 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 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2
RCE-2 R-1 1AAA
R-1AA
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 - - - - - - - - - - P P P P
people)
Bars and Cocktail Lounges - - - - - - - - - S* P P -
Boat Sales and Service - - - - - - - - - P P -
Bus Terminal - - - - - - - - - - P P -
Car Wash - - - - - - - -- - - P P -
Clinic, Dental or Medical - - - - - - - -, P P P P P P
Commercial, Convenience - - - - - - - - P P P P P
Commercial, Convenience with Gas Sales - - - - - - - - S P P P
. .
Commercial, Retail - - - - - - - - - - P P P S
Department Store - -. - - - - - - - P P P -
Equipment Sales - - - - - - - - S P P P P
Funeral Parlor - - - - - - - - - P P P -
Furniture Repair and Upholstery - - - , - - - - .. - P P P .
--
Furniture Store - - - - - - - - p p P -
Gallery/Museum - - - - - - - - - P P P -
Gas Station - - - - - - - - - - S P P -
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.
"- " = 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 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2
RCE-2 R-1 1AAA
R-1AA
Heating and Air Conditioning Sales and - - - - - - - - - - - P P -
Service with outside storage
Heating, Ventilating, Plumbing Supplies, - - - - - - - - P P P -
Sales, tt Service
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 -
• ' - - - - . - - - - - fa P fa -
Mobile Home and Travel Trailer Sales - - - - - - - - - - P P -
Monument Sates - - - - - - - - - - - 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 - - - - - - - - - - - P P -
Publishing Plants
Professional Offices - - - - - - - - P P P P P P
Radio Broadcasting and TV Stations, Studios, - - - - - - - - - - - P P -
Et Offices
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 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
RCE-2 R-1 IAAA
R-IAA
Recreational Vehicle Park - - - - - - - - - - - S S S
Restaurant - - - - - - - - - p*** p*** p*** p*** p
Self-storage Facitity**** - - - - - - - - - - - S S -
Sign Painting Shop - - - - - - - - - - - P P -
Veterinary Hospitals and Kennels when - - - - - - - - - - - P P -
confined within structure
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
'-:,::: ..-. 7,,,- '',-..''', ':',• , ..,,,-,°- -. '-` . , ' , '.--,' ,-- ' . -',, -,,'', - , : :'''-'',. .,,:-. --,',' ' .„ -, - ..: , .- ., ;-:' - 'T,--- "..,- "-,
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 - - - P P P P
TABLE 5-1
PERMITTED USE REGULATIONS
"P" = Permitted Use in that Zoning District Refer to Table 5-22 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 1 A-2 RCE-1 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2
RCE-2 R-1 1AAA
R-1AA
Public Service or Utility S S S S S S S S S S S S S S
Public Service, Essential P P P P P P P P P P P P P P
Recreation Facility,Commercial- Indoor - - - - - - - - - - P P P P
Recreation Facility, Commercial - Outdoor - - _ - - - S S S S
Recreation Facility, Neighborhood P P P S S S S S S S S S S S
School P P P I 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.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
144 j6. _
Q‘jki;y.
Melanie Sibbitt; City Clerk Rusty Joh oreayor
_(SEAL)
•
-
ADVERTISED Ain't iv, 3 , 2022
READ FIRST TIME Itimember / , 2022.
READ SECOND TIME AND ADOPTED
Nairn tar 15 , 2022.
UNDER AGENDA ITEM NO. //
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this /S-17 day of Mai, , 2022.
SHUFFIELD LOWMAN &WILSON, P.A.
By:
City
-3-