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Ocoee City Zoning Code

§ 5-6

LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY STRUCTURES.

A.

Construction and Use of Accessory Structures.

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. In cases where a telecommunications service facility has been allowed as an accessory structure in accordance with Section 5-19, the accessory use shall be governed by the requirements of Section 5-19.

B.

Location of Accessory Uses and Structures.

(1)

Accessory Uses and Structures within Residential Districts: In residential districts, accessory uses and structures shall not be located in front or side yards but may be located in rear yards; provided, however, that accessory structures for the housing of persons, such as guest houses and garage apartments, shall not be located in any required yard. On double frontage, through or corner lots in residential districts, accessory uses and structures shall not be located in either of the required front yards but may be located in one (1) but not both side yards. No separate accessory building shall be located within five (5) feet of any other building. In residential districts, utility or accessory buildings will be no closer than five (5) feet to the rear lot line and five (5) feet to the side lot line; provided, however, a shed no larger than one hundred twenty (120) square feet and not located within a utility or drainage easement may be located no closer than three (3) feet to the rear lot line and three (3) feet to the side lot line.

(2)

Accessory Uses and Structures within Commercial and Industrial Districts: Commercial and industrial accessory uses and structures:

a.

Shall comply with the following minimum setbacks:

i.

Front Setbacks: Structures shall not be located within the front building setback line of the principal structure, unless otherwise approved by the Planning Director. On corners lots or other double-frontage lots, accessory structures may be placed within the front yard along, facing or adjacent to the roadway with the lesser functional classification so long as minimum sight-distance triangle as defined in Article II can be maintained and other provisions of this subsection can be met.

ii.

Side and Rear Setbacks: Minimum of five (5) feet setback.

b.

Shall not be located or placed on a site in a manner that interferes with or impedes safe vehicular and pedestrian on-site circulation, ingress/egress areas, loading/unloading zones, fire lanes, ADA or emergency services access, or within the sight-distance safety triangle.

c.

Shall not include the parking of vehicles overnight at any location unless the overnight parking of such commercial or recreational vehicles are directly related to the operation of the approved and permitted principal use.

d.

Shall be completely screened from adjacent residential uses.

e.

Shall not occupy parking space(s) required for the principal use, unless otherwise approved by the Planning Director through an administrative waiver, upon the demonstration that the utilization of parking spaces does not adversely impact the parking needs of the principal use and site.

f.

Shall not be parked within a road right-of-way and shall not occupy an unimproved surface or required open space areas.

g.

Shall comply with minimum building and fire safety regulations of the State of Florida.

h.

Hours of operation of the accessory use shall conform to the hours of operation of the principal use.

i.

Use of an accessory structure for a business operation that is outside of or apart from the principal use shall require consent from the property owner and shall comply with the business tax requirements of the City and County, as applicable. If such accessory use or structure is a mobile food dispensing vehicle, it shall not be permitted to sell or distribute alcoholic beverages, shall display all applicable approvals and licenses from the State, shall make such structures or vehicles available for inspection and shall comply with Sections 509.241 and 509.251, Florida Statutes.

C.

Number of Principal Buildings Permitted Per Lot.

No lot shall be occupied by more than one (1) principal building, providing, however, that in any district more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot provided that yard, area, street frontage and other requirements of this Code shall be met for each structure as though it were on an individual lot. No part of a yard, court or other open space provided about any building or structure for the purpose of complying with the provisions of this Code shall be included as a part of a yard or other open space required under this Code for another building or structure. For provisions related to telecommunications service facilities, refer to Section 5-19.