The following regulations supplement the general regulations above as applied to specific uses and activities.

A.

Residential Units.

(1)

No recreational vehicle, boat, bus, shed or other similar thing shall be used as a permanent residence.

(2)

No mobile home, recreational vehicle, bus, or other similar vehicle shall be used as an office, storage facility, shed, workshop, or shelter for livestock or pets.

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 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 one thousand two hundred (1,200) feet of an existing major community residential home. Failure to maintain licensure by the 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 major 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 major community residential home or the owner of the property within which a major community residential home is proposed shall first obtain a Special Exception approval.

(b)

An application for a special exception 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, including all information identified as being the responsibility of the District Administrator of the Licensing Agency, as defined by Section 419.001(1)(b), Florida Statutes.

(c)

The Building Official and Development Services Director shall review the materials submitted and determine that the submission complies with the requirements of Section 419.001, Florida Statutes, 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 one thousand two hundred (1,200) feet of another home in any zoning district shall be an overconcentration of such homes. A home within a radius of five hundred (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 districts 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.

(d)

In considering its action on the request, the Planning and Zoning Commission and the City Commission shall, in addition to the requirements and standards 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. Failure to maintain licensure from the Licensing 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 the major community residential home shall result in the revocation of the certificate of occupancy and require the abandonment of the use.

C.

Tourist Homes.

(1)

Operation of a tourist home shall be subject to all applicable City business taxes under Chapter 205, Florida Statures, and Article 119, Code of Ordinances. No tourist home shall be rented or offered or advertised for rent without an active local business tax receipt (BTR) and a no-cost valid tourist home certificate. The certificate and BTR must be updated annually. An application for a tourist home certificate shall include the following:

i.

Business name;

ii.

Name, address, and telephone number of the tourist homeowner/operator;

iii.

Name, address, and telephone number of the responsible party;

iv.

Tourist home affidavit;

v.

A survey or site plan, drawn to scale, demonstrating how parking will be provided and identifying any proposed improvements to the property; and

vi.

A floor plan of the tourist home and the rooms that may be rented or offered for rent to transient guests for habitable sleeping accommodations. Maximum of four (4) rooms may be rented or offered for rent to transient guests for habitable sleeping accommodations.

(2)

The tourist homeowner shall designate a responsible party, which can be a person or entity, who;

i.

Will be responsible for ensuring compliance with all regulations related to the operation of the tourist home;

ii.

Will be available to respond twenty-four (24) hours per day, seven (7) days per week to any issue that arises relating to the tourist home;

iii.

May be the property owner. The designation of a responsible party does not relieve the property owner of the responsibility of complying with all state and local regulations.

(3)

A tourist home shall provide off-street parking in accordance with the parking requirements established in Section 6-4; however, such parking shall be in conformance with the setbacks and impervious surface area standards in Table 5-2.

(4)

Operation of a tourist home shall comply with all of the City's residential districts 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.

(5)

The tourist home shall be made available for inspection pursuant to Sections 553.80 and 633.206, Florida Statutes, within forty-eight (48) hours of a written request by the City. Needed corrections and time frame for completion of such corrections to remedy any failed inspections shall be established by the City Building Official when they relate to building safety or by the City Fire Marshal when they relate to fire safety.

(6)

The Development Services Director shall have the authority and responsibility to revoke any tourist home certificate and/or to pursue other remedies as provided in the Land Development Code if any of these provisions are violated.

D.

Affordable Housing.

(1)

Definitions.

(a)

Affordable Housing refers to housing that is affordable, as defined in Section 420.0004(3), Florida Statutes.

(b)

Affordable Housing Project refers to an affordable housing project that qualifies under the Live Local Act, Section 166.04151 et seq, Florida Statutes.

(c)

Commercial, as used in Section 166.04151, Florida Statutes, shall mean only the commercial zoning districts of the city, which consist only of properties zoned C-1, C-2, and C-3, and no other zoning district.

(d)

Eligible Zoning District includes the commercial and industrial zoning districts identified in this Section.

(e)

Height within One Mile, as used in Section 166.04151, Florida Statutes, shall mean one (1) mile as a human being can travel along the public streets of the city within the normal permitted lanes of travel from the center point of the proposed affordable housing project to the center point of another property. Height within one mile shall not mean a straight-line distance as a bird might travel.

(f)

Highest Currently Allowed Density, as used in Section 166.04151, Florida Statutes, shall mean the highest number of units per acre established by the "High Density Residential" future land use map designation within the adopted City of Ocoee Comprehensive Plan. Highest Currently Allowed Density does not include densities greater than that permitted in the High Density Residential land use designation to which a development may be entitled or the density of any building that has received any bonus, special exception, agreement to resolve a claim, variance, or as otherwise provided as an incentive for development or recognized as a non-conforming or grandfathered use.

(g)

Highest Currently Allowed Floor Area Ratio, as used in Section 166.04151, Florida Statutes, shall mean the highest building square footage, calculated based on floor area ratio, established by the "Commercial" or "Industrial" future land use map designations within the adopted City of Ocoee Comprehensive Plan. Highest currently allowed floor area ratio does not include the floor area ratio greater than any established by the commercial and industrial future land use designations or the building square footage or floor area ratio of any building that has received any bonus, special exception, agreement to resolve a claim, variance, or as otherwise provided as an incentive for development or recognized as a non-conforming or grandfathered use.

(h)

Highest Currently Allowed Height as used in Section 166.04151, Florida Statutes, shall only mean the higher of either three (3) stories or an approved and currently allowed commercial or residential building's height within one mile of the proposed affordable housing project, as defined in this Section and as determined by reference to the maximum height allowed by Table 5-2 in Article V of the Ocoee Land Development Code for a commercial or residential development. Highest currently allowed height shall not include any height awarded to any development project as a bonus, special exception, agreement to resolve a claim, variance, or allowed as a non-conforming or grandfathered use, or include any projections not used for human occupancy under Section 5-5 of the Ocoee Land Development Code. However, if the proposed development is adjacent to, on two (2) or more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least twenty-five (25) contiguous single-family homes, the City may restrict the height of the proposed development to one hundred fifty (150) percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the municipality's land development regulations, or three (3) stories, whichever is higher. For the purposes of this paragraph, the term "adjacent to" means those properties sharing more than one (1) point of a property line, but does not include properties separated by a public road.

(i)

Industrial as used in Section 166.04151, Florida Statutes, shall mean only the I-1 and I-2 industrial zoning districts of the city and no other zoning district.

(j)

Live Local Act refers specifically to 2023 Senate Bill 102, signed by the Governor of Florida on March 29, 2023, effective July 1, 2023, as modified by 2024 Senate Bill 328, signed by the Governor of Florida on May 16, 2024, and codified as to municipalities at Section 166.04151 et seq., Florida Statutes.

(k)

Major Transportation Hub shall mean any transit station whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.

(2)

Permitted Zoning, Parking, Density, Floor Area Ratio and Height.

(a)

Zoning. Affordable housing projects under Live Local Act shall be permitted only in the commercial and industrial zoning districts of the City.

(b)

Parking. Affordable housing projects must meet all parking requirements under the Ocoee Land Development Code, except that:

1.

The City shall reduce required parking by at least twenty (20) percent if any of the following conditions apply:

i.

The proposed project is located within one-half (½) mile of a major transportation hub and is accessible to the major transportation hub by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features. A major transportation hub shall mean any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.

ii.

The proposed project has available parking within six hundred (600) feet of the proposed development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development.

2.

The City shall consider a reduction in required parking for a proposed development located within one-quarter (¼) mile of a transit stop accessible from the development, to the extent supported by appropriate documentation.

(c)

Allowed Density and Floor Area Ratio.

1.

An affordable housing project is entitled to the highest currently allowed density and floor area ratio in the City, as defined in this Section.

2.

An affordable housing project may be awarded a density bonus if it meets the same architectural enhancement requirements for a density bonus as a project that does not qualify as an affordable housing project.

(d)

Allowed Height. An affordable housing project is entitled to the highest currently allowed height, as defined in this Section. Building height shall be measured from the average grade of the crown of a street or streets abutting the property, measured from the centerline to the roof peak. within special flood hazard areas, building height shall be measured from the required design flood elevation, as prescribed in Article VII, Part II, Floodplain Management, of the Land Development Code, to the roof peak.

(3)

Compliance with Land Development Regulations. The proposed affordable housing project must comply with all land development regulations applicable to the zoning district in which the project is proposed, except only to the extent the Live Local Act expressly preempts local ordinances with respect to land use, zoning, height, density, floor area ratio, and parking.

(4)

Process for Administrative Approval.

(a)

Submission. An application for administrative approval of a qualifying affordable housing project located within an eligible zoning district, shall include:

1.

Application Fee. Payment of an application fee according to the fee schedule in effect at the time of the application;

2.

Purchase and Sale Agreement. If the applicant is not the owner of record, then the applicant shall submit a copy of a fully executed contract or agreement to purchase the real property for the affordable housing project, which shows the dates of effectiveness and due diligence periods, though the purchase price and any financing terms may be redacted;

3.

Application Form. Any application form required by the City;

4.

Project Narrative. The application shall contain a narrative which demonstrates the affordable housing project's compliance with Section 166.04151(7)(a)—(g), Florida Statutes.

5.

Site Development Plan. The application shall include a site development plan complying with Section 4-3 of the Ocoee Land Development Code and shall include a site data table identifying:

(a)

The number of total units;

(b)

The number of affordable housing units;

(c)

The number of dwelling units per acre;

(d)

The height of all proposed buildings;

(e)

A description of how the tallest building or buildings meet the highest allowed height;

(f)

For any multifamily rental development, calculations demonstrating that at least forty (40) percent of the residential units are affordable units as defined by Section 420.0004, Florida Statutes, for a period of at least thirty (30) years; and

(g)

For any mixed-use project, calculations demonstrating that at least sixty-five (65) percent of the total square footage is used for residential purposes.

6.

Building Elevations and Materials. The application shall include architectural renderings (labeled with compass orientation) and building materials for all building elevations for each proposed building;

7.

Affidavit of Commitment. The application for an affordable housing project shall include an executed affidavit of commitment to City of Ocoee's Affordable Housing standards, which shall attest to:

(a)

A thirty-year commitment to provide Affordable Housing as defined by Section 420.0004, Florida Statutes;

(b)

An acknowledgement of the City's right to monitor and audit records for a minimum of thirty (30) years of operation;

(c)

An acknowledgement of the responsibility of the owner and operator of the affordable housing project to submit an annual certification of compliance, attested to by a certified public accountant, that the tenants residing in the designated affordable housing units meet the reported income eligibility requirements for affordable housing and that the rent charged for at least forty (40) percent of the units provide affordable housing under Section 420.0004, Florida Statutes; and

(d)

Further acknowledge the penalties for non-compliance as set forth in this Section.

8.

Any other information reasonably required by the City that is consistent with the intent and purpose of this Section and the Live Local Act.

(b)

Sufficiency Review. Within ten (10) business days of receiving an application for an affordable housing project, the city shall complete a sufficiency review of the materials submitted and respond to the applicant that the application is either complete or shall specify what items are still required. The applicant shall then provide the items required to make the application complete, which shall then begin another ten (10) business day sufficiency review period, and so on until a complete application is received. An application for building permits shall be processed in accordance with Section 553.792, Florida Statutes. A contract to purchase the real property for which the affordable housing project is proposed must be in full force and effect during the sufficiency review periods. If any contract expires within such time periods, then the city shall not begin or complete the sufficiency review.

(c)

Review Procedures. The application shall comply with the site plan review procedures established in Section 4-3, Article IV, except that project applications shall not be required to undergo public hearings before the Planning and Zoning Commission or the City Commission for approval of land use, zoning, density, floor area ratio, or height, as enumerated in the various subsections of Section 4-3 and in Section 166.04151(7)(a), Florida Statutes.

(d)

The City Manager shall maintain on the City's website a policy containing the foregoing procedures for administrative approval.

(5)

Recording of Deed Restrictions, Subordination of Liens, and Annual Certification.

(a)

Covenant of Deed Restrictions. When the City approves an affordable housing project under this Section, the applicant must, prior to approval of a preliminary site plan, execute and record in the public records of Orange County a Covenant of Deed Restrictions running with the land with terms acceptable to, and enforceable by the City that:

1.

Prohibits any affordable housing unit from being rented or sold at a price exceeding the threshold for housing that is affordable for very low-income, low-income, or moderate-income persons, or to a buyer who is not eligible due to their reported income under Section 420.0004, Florida Statutes, or as subsequently defined by Florida law;

2.

Is binding on the applicant and all successors and assigns for at least thirty (30) years from the date the city issues a certificate of occupancy, consistent with the Live Local Act;

3.

Acknowledges the city's enforcement remedies, including a daily code enforcement fine for each unit that is in violation of the requirement to provide affordable housing for at least forty (40) percent of all units for thirty (30) years, and for failure to timely provide an annual Certification in which a certified public accountant attests to compliance with the Live Local Act;

(b)

Subordination of Liens. Any mortgage holders or holders of any other encumbrance on the property proposed for the affordable housing project must execute and record a subordination of their lien interest to such deed restrictions prior to, or simultaneously with the recording of the deed restrictions required by this subsection.

(c)

Annual Certification of Compliance. By no later than March 30th of each full year after a certificate of occupancy is issued, for a total of thirty (30) years from the date of the certificate of occupancy, the owner or operator of the affordable housing project shall submit to the City Clerk a certification in which a certified public accountant attests that the affordable housing project meets the requirements of Section 166.04151, Florida Statutes, insofar as:

i.

At least forty (40) percent of the residential units are rented as affordable housing as defined in Section 420.0004, Florida Statutes; and

ii.

The tenants living within the designated affordable housing units are eligible to do so based on their reported household income, as defined in Section 420.0004, Florida Statutes.

(6)

Equivalent Treatment of all Dwelling Units.

As a condition of approval of any final site plan and prior to the issuance of any site or building permits for construction of the proposed affordable housing project, such project must demonstrate and commit that:

(a)

All affordable dwelling units and market rate dwelling units shall be located within the same structure(s); and

(b)

The exterior of the affordable housing units shall be indistinguishable from market rate dwelling units; and

(c)

All common areas and amenities shall be accessible and available to all residents, regardless of whether they reside in affordable housing or market rate dwelling units; and

(d)

Access to the required affordable housing units shall be provided through the same principal entrance(s) and driveways utilized by all other dwelling units in the project; and

(e)

The sizes and number of bedrooms in the affordable dwelling units shall be proportional to the square footage and number of bedrooms in the market rate dwelling units (e.g., if twenty-five (25) percent of the market rate dwelling units consist of two-bedroom units, then twenty-five (25) percent of the affordable dwelling units shall also have two-bedrooms units).

(7)

Enforcement.

(a)

Violations of this Section and the commitment to provide affordable housing shall be subject to a fine of no less than two hundred fifty dollars ($250) per day for each unit in violation, either because an ineligible person resides in the unit or the unit is rented at a level in excess of the threshold for affordable housing, and for each day the annual certification of compliance is not received by the City by March 30th of every year, as required by this Section. Any violation must be cured within thirty (30) days, which the City Commission finds is a reasonable time. In addition to fines that may be assessed if the violation is not cured within thirty (30) days, the City shall treat the development as a nonconforming use.

(b)

The owner and operator shall be liable for and shall reimburse the City for all costs and reasonable attorney's fees that the City incurs in the enforcement of these provisions.

(c)

The Special Magistrate of the City of Ocoee, and in the Special Magistrate's absence the Code Enforcement Board, shall be authorized to enforce the provisions of this Section. Any fines assessed shall become a lien on the real property in violation and on any personal property of the violator if not paid to the City within sixty (60) days of the Order imposing fines.

(8)

Repeal of the Live Local Act. Should the Live Local Act, or any specific portion thereof, be repealed, the sections of this Ordinance that specifically reference the Live Local Act, or the specific repealed portion thereof, shall be immediately nullified, except that the annual certification of compliance, the covenant of deed restrictions, and the City's right to enforce such deed restrictions, shall continue for thirty (30) years after issuance of a certificate of occupancy.