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Orange City City Zoning Code

SECTION 8

8. - Regulation of pain management clinics.

(a)

Pain management clinics shall be allowed only in the I-1 and I-2, industrial zone, and shall be prohibited as home occupations.

(b)

Pain management clinics shall be subject to the following regulations and the physician designated responsible for complying with all requirements related to registration and operation of the pain management clinic shall ensure compliance herewith as follows:

1.

Display of licenses. Any pain management clinic shall be validly registered with the State of Florida and the city and shall prominently display in a public area near its main entrance copies of; state licenses, county licenses, city licenses, and business tax receipt, and the name of the owner and designated physician responsible for compliance with state, county and city law.

2.

Controlled substances. The on-site sale, provision, or dispensing of controlled substances at a pain management clinic shall be prohibited except as is specifically set forth in applicable federal or state law.

3.

Minimum floor area. A pain management clinic shall have a total leasable floor area not less than 5,000 square feet.

4.

Parking. Any parking demand created by a pain management clinic shall not exceed the parking spaces located or allocated on site, as required by the city's parking regulations. An applicant shall be required to demonstrate to the appropriate city staff that on-site traffic and parking at clinic will be sufficient to accommodate traffic and parking demands generated by the pain management clinic, based upon a current traffic and parking study prepared by a certified professional. Traffic and parking analyses shall be predicated in part upon traffic and parking impacts from other existing pain management clinics in Florida. The source of any such information shall be provided to the city for purposes of verification. City staff shall be required to verify the information contained in the traffic and parking study with the appropriate officials of the local government where the comparable information is derived. The owner of the pain management clinic shall be responsible for ensuring that there is no queuing of vehicles in the public right-of-way.

5.

Alcoholic beverages. Alcoholic beverages shall be prohibited from being consumed or served on the premises, including in the parking areas, sidewalks, or adjacent right-of-way.

6.

No loitering. The pain management clinic shall post on at least three sides of the building stating that no loitering is allowed on the property, and shall conduct an inspection at least once every 90 minutes to ensure that there is no loitering.

7.

Separation distances. A pain management clinic and a pharmacy shall not co-locate on the same property. Furthermore, a pain management clinic shall not operate within 1,000 feet of any pharmacy, school, as the term defined in F.S. §§ 1002.01 or 1003.01, as it may be amended, day care center or home, or religious institution. Distance requirements shall be documented by the applicant and submitted to the development services department with the application. All distance requirements pertaining to pain management clinics shall be measured from the nearest point of the existing use to the nearest point of the proposed use.

8.

Operating hours. A pain management clinic may operate only Monday through Friday and only during the hours of 8:00 a.m. to 7:00 p.m.

9.

Personnel records. A pain management clinic shall maintain personnel records for all owners, operators, employees, and volunteers on site at the pain management clinic, and make those records available during inspection, and shall forward a copy to the city manager or his or her designee, on a quarterly basis. Personnel records shall at a minimum, contain the following information about each person:

1.

Name and title;

2.

Current home address, telephone number, and date of birth;

3.

A list of all criminal convictions (if any), whether misdemeanor or felony;

4.

A copy of a current driver's license or a government issued photo identification; and

5.

A set of fingerprints.

10.

Landlord responsibility. Any landlord who knows, or in the exercise of reasonable care should know that a pain management clinic is operating in violation of the Orange City Code, or applicable Florida law, including the rules and regulations promulgated by the Department of Health, Board of Medicine, or Board of Osteopathic Medicine, shall have the responsibility to stop or take reasonable steps to prevent the continued illegal activity on the leased premises. Landlords who lease space to a pain management clinic must expressly incorporate language into the lease or rental agreement stating that failure to comply with the Orange City Code is a material breach of the lease and shall constitute grounds for termination and eviction by the landlord.

11.

Compliance with other laws. A pain management clinic shall at all times be in compliance with all federal, state, county laws and the regulations and the Orange City Code.

(Ord. No. 469, § 1(Exh. A), 12-13-11)

Editor's note— Ord. No. 469, § 1(Exh. A), adopted Dec. 13, 2011, supplied provisions to be added to this Code but did not specify manner of codification. At the discretion of the editor, these provisions have been added as § 8.8 to read as set out herein.

8.6.1 SCHEDULE OF ZONING DISTRICT PERMUTED AND CONDITIONAL USES

Type of Use Zoning District and Overlay
    P - Permitted use
    C - Conditional use
RR R-1 R-2 R-3 MH-1 OT MX-1 MX-2 CG-1 CG-2 CR I-1 I-2 PUD LLO
RESIDENTIAL USES
Single-family dwelling P P P P P P ** C C P *
Two-family dwelling, duplex P P P ** C C *
Multiple family dwelling P P P ** C C * P
Accessory dwelling, including garage apartment and guest cottage P P P P C P ** * P
Accessory dwelling unit to a permitted business C ** C C * P
Mobile home dwelling unit P ** *
Boarding house C C ** C *
Foster group home C C C ** C *
Home-based business—Refer to section 8.7.13 P P P P P P P ** P P * P
Bed and breakfast homestay C C C C C C ** * C
Tourist/travel court C 6
Child care center C 4 ** P P * C
Family day care home P P P P P P P ** *
Assistant living facility—Refer to section 8.7.19 C C C ** C C * C
Zero lot line or cluster subdivision—Refer to section 8.7.17 C C ** *
COMMERCIAL USES
Private club ** P P C * P
Dental laboratory C P ** P P P P * P
Medical laboratory ** P P P P * P
Emergency care facility or outpatient clinic C ** C P * P
Financial institutions, including commercial banks and savings and loans (unless an automobile-oriented use, then a conditional use) C ** P P P * P
Corporate offices ** P P P P * P
Professional office C P ** P P P P * P
Business office P 7 C P ** P P P P * P
Studio for instructions in art, music C P ** P P P * P
Package store (unless an automobile-oriented use, then a conditional use) ** C P * P
Funeral home, mortuary P ** P P * P
Nursing or extended care facility C C C ** C P * P
Pharmacy ** P P * P
Retail sales and services (unless an automobile-oriented use, then a conditional use) P 7 C P ** P P * P
Recreation and entertainment establishment, such as bowling alley, miniature golf course, billiard parlor ** C P * P
Fitness center or health spa C ** P P P * P
Retail sales of building, home and garden supplies, and like uses (but not including on-site manufacturing of products sold) ** P P P * P
Plant nursery and sales, including incidental sales of garden supplies and equipment ** P P P * P
Taxi service ** C P P * P
Courier/delivery service ** C P P * P
Veterinary hospitals with boarding of animals in a completely enclosed building ** P P P * P
Kennel ** C P P * P
Restaurant, type A (unless automobile-oriented use, then a conditional use) P ** P P C * P
Restaurant, type B (unless an automobile-oriented use, then a conditional use) ** P P P * P
Bar, cocktail lounge or saloon ** C P * P
Hotel, motel C ** C P * P
Motion picture theater ** P * P
Sales, rentals and incidental servicing of new and used automobiles, motorcycles, trucks and tractors, recreational, farm and garden equipment, boats, mobile homes and like uses (but not including salvage yards and junkyards) ** C C * C
Sign and paint shop ** P P P P * P
Car wash and/or detailing ** C P P * C
Vehicle repair station, type A (entirely within a building)—Refer to section 8.7.14 ** P P P * P
Vehicle repair station, type B (entirely within a building)—Refer to section 8.7.14 ** P P *
Business warehouse ** C C P P * P
Sales of automotive parts and equipment entirely within a building, including installation ** C P P * P
Data processing P ** P P P P * P
INDUSTRIAL USES
Craft industry P ** P P P * P
Light industry P ** P P P * P
Medium industry ** C C P P * C
Heavy industry ** C C *
Laboratories, research and/or testing ** C P P P * P
Laundries and linen services, not including laundromat ** P P *
Wholesale building materials storage and sales ** P P *
Contractor's shop, storage and equipment yard ** C P P * C
Distribution and storage facilities, including wholesalers, storage warehouses, trucking terminals, and the like ** P P *
Distribution centers ** C C P P * C
Essential services P P P P P P P ** P P P P * P
Helipads ** C P P * C
Mini-warehouses ** C C P P * P
Research and technology uses ** C C P P * P
Moving and storage companies ** C C P P * C
Printing and publishing and related facilities ** C C P P * C
Truck or freight transfer terminals ** C P *
Truck, automobile, boat, mobile recreational vehicle and shelter, motorcycle and trailer storage ** C P P * C
Warehouses ** P P *
Utilities substations, sewage treatment plants, water storage facilities and the like C C C C C C ** C C C C * C
Outdoor storage ** C C *
Excavation of mineral resources ** C *
Communication tower and antennas—Refer to section 8.7.20 of this chapter ** C C *
Pest exterminators ** C P P P * P
Pain management clinics—Refer to section 8.8 P P
Internet cafes—Refer to section 8.7.18 P
Recovered materials processing facility—[Refer to section 8.7.18] *
INSTITUTIONAL USES
Parks and recreation areas accessory to residential developments P P P P P P P ** * P
Publicly owned parks and recreation area P P P P P P ** P P * P
Houses of worship C C C C 4 C C ** P P * P
Hospital ** C * P
Cemeteries C C C C ** C *
Emergency services C C C C 4 C P ** P P P P * P
Government building, community center and library C C C C C 4 C C ** C C * P
Public school P 3 P 3 P 3 P 3 P 3 P 3 P 3 ** P P * P
Private school C C C C 4 C C ** C P * P
AGRICULTURAL USES
Hobby breeding P **
Raising of crops and keeping of animals accessory to a single-family [dwelling (nothing herein shall exclude the raising of crops or animals for sale] P **
Riding stable (minimum parcel size requirement of 2½ acres) C **

 

* Refer to the PUD district and supplemental regulations section of chapter 8.

** Approval of permitted uses is subject to PUD rezoning, except that existing development shall not be subject to PUD rezoning and the permitted conditional uses on existing developed parcels shall comply with said uses allowed in the CG-1 zoning district.

Notes:

1.

Uses not listed are prohibited. The DSD may permit a prohibited use if the DSD determines that said use is similar to the zoning district's permitted uses.

2.

Conditional uses are subject to review and approval under chapter 3 of this code and shall also demonstrate compliance with chapter 3, section 3.7.4.

3.

Public schools shall be permitted in residential zoning districts upon approval of a planned unit development rezoning.

4.

Child care centers, houses of worship and other conditional uses shall be allowed in MH-1 common area buildings only.

5.

Outdoor storage and display that is accessory to a permitted use in the commercial and light industrial zoning districts shall be considered for approval as a conditional use and comply with the following:

a.

Located at least ten feet from front line.

b.

Located at least five feet from side and rear lot lines.

c.

Street frontage landscaping including the type, amount and location of plant material, shall be approved by the planning commission.

d.

Side and rear yards that abut residential property shall be buffered with plant material and/or solid barriers approved by the planning commission.

6.

The provisions of sections 8.6.8 and 8.7.1 shall apply. Any conditional use granted from a tourist/travel court must include a limitation of guest stays, not to exceed 90 days.

7.

Permitted commercial uses in MH-1 shall be ancillary to the operation of the mobile home park.

(Ord. No. 210, Exh. A, 8-24-04; Ord. No. 257, § 2, 12-13-05; Ord. No. 279, § 2, 10-24-06; Ord. No. 367, Exh. A, 1-13-09; Ord. No. 421, § 1(Exh. A), 7-27-10; Ord. No. 444, § 1, 1-11-11; Ord. No. 451, § 1(Exh. A), 3-8-11; Ord. No. 454, § 1, (Exh. A), 5-24-11; Ord. No. 469, § 1(Exh. A), 12-13-11; Ord. No. 581, § 2(Exh. A), 10-24-17; Ord. No. 600, § 3(Exh. A), 5-22-18; Ord. No. 653, § 4, 4-26-22; Ord. No. 683, § 4(Exh. D), 9-24-24)

8.6.2 SCHEDULE OF LOT AND BUILDING REQUIREMENTS

Requirements Zoning District and Overlay
RR R-1 R-2 R-3 MH-1 OT MX-1 MX-2 CG-1 CG-2 I-1 I-2 PUD LLO 9
Lot Dimensions (sq. ft. or acres)
A. Minimum lot area 5 acres 4 7,500 5 1 acre 7,500 5 7,500 5 15,000 2 acres * 1 acre 6
 1. Single-family 2½ acres 9,000 5 9,000 5 9,000 5 9,000 5 *
 2. Two-family N/A 11,000 11,000 11,000 *
 3. Multiple family N/A N/A ½ acre N/A *
B. Minimum lot area allocation per unit for attached or multiple unit
 1. Two-family unit N/A 5,500 5,500 N/A 5,500 N/A N/A N/A N/A N/A N/A * N/A
 2. Multi family unit N/A N/A 3,500 N/A N/A N/A N/A N/A N/A N/A N/A * 3,500
C. Minimum lot depth (feet) 100 100 100 100 400 4 100 100 250 100 100 125 300 * 200
D. Minimum lot width 150 75 75 100 250 4 75 75 150 75 75 100 200 * 200
(for each duplex dwelling unit) (feet) 37.5 37.5 37.5 37.5 *
Yard Dimensions
A. Minimum front yard (feet) 40 25 25 25 25 4 25 35 35 35 35 35 35 * 35 2
B. Minimum side yard
 Abutting any lot 25 10 10 10 25 4 10 10 10 10 10 10 25 * 35 7
 Abutting any street (feet) 50 25 25 25 25 4 25 35 35 35 35 35 35 * 35 2
C. Minimum rear yard 40 30 30 30 30 5 30 10 10 10 10 10 25 35 7
Intensity of Use
A. Maximum residential density (du/acre) 2½ N/A N/A 12 8 N/A N/A 18 N/A N/A N/A N/A * 18
B. Maximum lot coverage (%) 35 30 30 30 30 4 30 25 25 25 25 30 30 * 40
C. Maximum building height (feet) 35 35 35 35 35 35 35 38 35 35 35 35 * 35 8
D. Maximum floor area ratio* N/A N/A N/A N/A N/A 25 35 25 25 30 30 * 35 6
E. Minimum open space (%) 25 25 25 25 25 4 25 25 25 25 25 25 25 * 30
F. Minimum dwelling unit floor area size (sq. feet)
 1) Single-family 1,200 1,200 1,200 1,200 600 1,200 1,200 1,200 1,200 1,200 N/A N/A * N/A
 2) Two-family N/A 1 BR: 650
Each add'l
BR: 150 		1 BR: 650
Each add'l
BR: 150 		N/A 1 BR: 650
Each add'l BR: 150 		N/A N/A * N/A
 3) Multiple family N/A N/A Studio: 450
1 BR: 600
Each add'l BR: 150 		N/A N/A * Studio: 450
1 BR: 600
Each add'l
BR: 150
G. Minimum space between buildings N/A N/A 25 10 N/A N/A N/A N/A N/A N/A N/A * 25

 

* Refer to the PUD district and supplemental regulation section of chapter 8.

Notes:

1.

For duplex homes in separate ownership, minimum lot width per unit shall be 37.5 feet; only one side yard per attached unit is required.

2.

The minimum front yard for lots fronting on designated arterial and collector roads shall be 50 feet.

3.

Where commercial and industrial districts adjoin R-1, R-2, R-3, MH-1 and OT districts, the minimum side and rear yard requirements shall be 35 feet.

4.

These dimensions apply to entire park and perimeter setbacks; requirements for individual mobile home spaces are presented) in subsection 5.6.5 (5.6.6) and 5.6.9 of this code.

5.

The minimum 1,200-square-foot building requirement in section 5.2.3.F. for single-family residential structures may be reduced by 20 percent where the building official finds that an existing deteriorated owner occupied single-family residential home is to be replaced by another single-family owner occupied home meeting the definition of section 2.37.F., and the residents qualify and are accepting federal and/or state (CDBG, HOME, SHIP) assistance to building their homes, due to their low-to-moderate income status as defined by the United States Department of Housing and Urban Development.

6.

Minimum mixed use residential development project area is five acres as described in the live local overlay regulations.

7.

Additional project perimeter building setbacks and landscape buffer widths apply for projects located in industrial zoning classifications as described in the live local overlay relations.

8.

Height within one mile, as used in F.S. § 166.04151, shall mean one mile as can be traveled by human beings along the public streets of the city within the normal permitted lanes of travel from the center point of the proposed development site and shall not mean a straight-line distance as a bird might be able to travel.

9.

Qualifying Live Local Act development projects maybe granted additional density, building height or floor area ratio in accordance with F.S. § 166.04151 as it may be amended from time to time.

(Ord. No. 210, Exh. A, 8-24-04; Ord. No. 683, § 5(Exh. E), 9-24-24)