This Chapter provides for establishment of zoning districts, zoning district standards, and dimensional and area requirements. Permitted uses and siting standards, parking and signage, special planning area criteria for Planned Developments, Activity Centers, and specific Planning Overlays are also provided for herein.

A.

ESTABLISHMENT OF DISTRICTS. In order to classify, regulate the use of land, water, buildings and structures, to regulate the height and bulk of buildings, and to regulate the area of yards, courts and open spaces about buildings, Osceola County, parts of which are not in any municipality, is divided into zoning districts.

B.

PRECEDING ZONING DISTRICTS. Preceding zoning districts as defined in this Code are those districts that were established prior to October 15th, 2012.

C.

PURPOSE. This Chapter establishes permitted, conditional, accessory and prohibited uses. Some uses may be subject to additional development standards as outlined herein.

D.

DISTRICTS SHOWN ON MAPS. The boundaries of the various zoning districts are shown on the "Official Zoning Map," which is made a part of this Code. Where uncertainty exists with respect to the boundaries of the districts as shown on the Official Zoning Map, the following rules shall apply:

1.

Where district boundaries are indicated as following the center lines of streets, highways or alleys, such center lines shall be construed to be such boundaries.

2.

Where district boundaries are indicated as approximately parallel to the center lines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is indicated specifically on the map, the scale of the map shall control, subject to subsection 3 below.

3.

Where district boundaries are indicated as following platted lot lines, such lot lines shall be construed to be the district boundaries.

4.

Where district boundaries run to, but do not extend into water areas, they shall be considered to run into such water areas in a straight line continuing in the prevailing direction of the boundary as it approached the water until they intersect other district boundaries or the geographic limits of the County. Boundaries which run through water-courses, lakes and other water areas shall be assumed to be located midway in such water areas unless otherwise indicated.

5.

Where district boundaries are indicated by specific dimensions, such specific dimensions shall control.

6.

Where district boundaries divide un-subdivided property, and where no specific dimensions are indicated on the Official Zoning Map, the scale of the map shall control.

E.

USES WITHIN PLANNED DEVELOPMENT. Uses allowed within planned development districts shall be established within the development application in accordance with the requirements outlined herein for Planned Developments.

F.

USES WITHIN MIXED USE. Uses allowed within Mixed Use Districts shall be established at the time of Conceptual Master Plan approval and subsequent Concept Plan and Site Development Plan approval, in accordance with the requirements outlined in this Code for Mixed Use District Development Standards.

G.

NEW DEVELOPMENT.

1.

New Single Family Residential Development is hereby defined for single-family or duplex-zoned residential properties as the creation of lots through the subdivision of land, as defined in Florida Statutes. Creation of lots through a lot split, consistent with the requirements and standards of this Code, shall not be considered new residential development. Existing residential structures and any new ancillary structures are not considered new development, are exempt from rezoning, and shall adhere to the preceding zoning district development standards.

2.

New Multi-family Residential Development shall be defined as an increase in the number of units on a property by more than five (5) percent or, where applicable, an approved development plan is changed to qualify as a major deviation based on the criteria established in this Code. Existing multi-family residential developments which are modified so as to be considered a minor deviation shall not be considered new multi-family residential development. For properties located within the East U.S. 192 Community Redevelopment Area or the West U.S. 192 Community Redevelopment Area, as outlined in Sections 3.15 and 3.16 herein, "New Multi-family Residential Development" shall include any building or property proposing a change of the building or property's primary use (or adaptive reuse) from non-residential to residential. See Section 3.8.1(U) for siting standards, as well as applicable regulations in Sections 3.15.3 and 3.15.4, and 3.16.2, for adaptive reuse.

3.

New Non-residential Development shall be defined as an increase of the building square footage on a property by more than five (5) percent, any vertical improvement on a vacant property, or the demolition and reconstruction of existing structures whereby more than fifty (50) percent of the existing structure(s) is removed in the process.

4.

Properties that meet the above criteria (Section 3.1.1.G.1—3) are deemed by the County Manager as New Development or Newly Developed and shall be required to rezone to a zoning designation that is consistent with the Comprehensive Plan as outlined herein. Any properties that do not meet the above criteria are considered existing development. Existing residential structures and any new ancillary structures, that do not meet the above criteria are exempt from rezoning requirement and shall adhere to the preceding zoning district development standards shown in Table 3.5.

5.

Any request for rezoning must choose a zoning designation that is consistent with the Comprehensive Plan as outlined herein in Table 3.3.

6.

Properties that meet the above criteria (Section 3.1.1.G.1—3) for new development are required to meet the standards of the adopted zoning designation. Any nonconforming structures must be brought into compliance or removed upon approval of a Site Development Plan, and prior to scheduling a pre-construction meeting. If no Site Development Plan is required, structures must be brought into compliance or removed prior to issuance of a Building Permit.

H.

NEW DEVELOPMENT TRANSITION STANDARDS.

1.

New development in any zoning district that abuts single family developed lots with an average lot size of one-half (0.5) acre or greater shall provide a fifty (50) foot setback to the new primary structures, as measured from the new subdivision or development boundary. Rear setbacks in the HDR, MDR, or RPB District, if adjacent to commercial, Urban Infill Center, or HDR may be zero (0) feet; if abutting a right-of-way or utility way, shall be five (5) feet; and if abutting a single-family residential district that does not meet the above criteria, shall be twenty-five (25) feet.

2.

New development adjacent to existing or planned single-family detached housing approved by a Preliminary Subdivision plan within LDR future land use shall not exceed two (2) stories within the first one hundred (100) feet as measured from the new development boundary, except for when adjacent to Rights of Way in which case the width shall count toward the measurement. The maximum height between one hundred (100) and one hundred fifty (150) feet shall be three (3) (stories). New development shall be required to demonstrate that sight lines from three (3) stories or higher maintain privacy of existing adjacent single-family property, as measured from the top of the highest transparency to the top of the highest transparency of existing development.

(Ord. No. 2020-07, § 2, 1-13-2020; Ord. No. 2021-78, § 1, 11-1-2021; Ord. No. 2022-125, § 3, 2-20-2023)

A.

USE.

1.

No building or structure shall be erected and no existing building shall be moved, altered, or enlarged, nor shall any land, building, structure or premises be used or designed to be used for any purpose or in any manner other than as permitted in the district in which such land, building, structure or premises is or are located. All necessary land use, zoning and/or building permits shall be obtained, except when exempt according to Florida Statutes.

2.

All required site improvements and accessory uses for any principal use, including but not limited to off-street parking and loading areas, retention or drainage areas, and private sewer or water systems shall be located on the same lot as the principal use and shall have the same district designation as the principal use, except as permitted elsewhere in this Code.

B.

HEIGHT. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit, if any, established herein, for the district in which such building or structure is located.

C.

SITE REQUIREMENTS. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, or enlarged, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, in size or area, except in conformity with the development or building site requirements and the area and parking space and yard regulations established by this Code for the district in which such building or structure is located.

D.

REQUIRED LOT AND OCCUPANCY. Every building or structure hereafter erected shall be located on a lot or tract as defined herein.

E.

BUILDING FORM. Traditional Neighborhood Development and Smart Growth principles are encouraged for any new development within any of the zoning districts inside the Urban Growth Boundary.

F.

PROPERTIES CONTAINING TWO OR MORE ZONING DISTRICTS. Properties that contain two or more zoning designations shall be developed in accordance with the following. Overlay areas shall not be viewed as an additional district and are exempt from these requirements.

1.

Where developable property contains two or more zoning designations with a different permitted floor area ratio, the permitted floor area ratio shall not exceed the sum obtained by multiplying the permitted floor area ratio for the applicable land area in each zoning designation and adding the products together.

2.

Where developable property contains two or more zoning designations with different allowable density, the density shall not exceed the sum of the maximum number of units that are allowable on individual portions of the property in each zoning district.

3.

Such permitted floor area or density may be distributed throughout the developable property without regard to district boundaries upon application and approval of the County Manager. Such application shall include a site plan showing proposed use placement, bulk and interrelationship of all structures within the developable property. Nothing in this section shall authorize the location of a use in a district where that use is not either a permitted principal or accessory use or an approved conditional use.

G.

REGULATIONS ENCUMBERING LAND. No portion of a lot used in connection with an existing or proposed building, structure or use, and necessary for compliance with the area, height, and placement regulations of this Code, shall, through sale or otherwise, be used again as a part of the lot required in connection with any other building, structure, or use. A part of a yard, area, open space, off-street parking, or off-street loading space required for one structure or use shall not be included as meeting the open space requirements for another, except where specific provisions are made in this Code. Off-street parking or off-street loading space affected by these regulations, which meets all or part of the requirements of this Code for such space, shall not be reduced or eliminated by private action, except where alternative off-street parking or off-street loading space is approved pursuant to this Code.

A.

The zoning districts consistent with the Osceola County Comprehensive Plan are shown in Table 3.1. In order to implement the Comprehensive Plan, any request for rezoning must choose a zoning designation outlined in Table 3.1.

B.

The preceding zoning districts are shown in Table 3.2. These zoning districts are historic zoning districts and the dimensional and area requirements specified are available for existing development only. No request for rezoning may choose a zoning designation outlined in Table 3.2. Any new development as defined herein is required to rezone in accordance with the zoning districts shown in Table 3.1.

C.

The correlation of zoning districts to future land use designations is shown in Table 3.3. The zoning district and future land use designation for a property shall be compatible with one another. Properties may only rezone to a zoning district category that correlates to the future land use designation for that property.

D.

Permitted, Conditional, Accessory and Prohibited uses are established in the Use Tables, Table 3.4 for new development as defined herein and Table 3.5 for preceding districts as defined herein. The use of all new or existing structures and properties shall conform with the requirements of the Use Tables and with all other applicable requirements of this Code. District standards, permitted uses and other site specific standards shall be established herein.

E.

Bona fide agricultural activities, as defined by Florida Statutes, shall be exempt from the development criteria outlined in this Code unless otherwise mandated by State regulation, and shall not be considered new development.

* Setbacks: Setbacks are measured from existing property line. An unenclosed front porch may encroach into the front setback to accommodate up to a seven (7) foot deep porch.

* Setbacks:

Setbacks are measured from existing property line.

Notes:

1. Corner lots or lots having double road frontage shall measure setbacks from both roads as front yards.

2. Land clearing activity to accommodate the principal use or ancillary structures where "Livestock/Grazing Animals" is the principal use shall be limited to the footprint of the proposed structure and reasonable space to accommodate construction equipment used to place the structure.

3. Lot front determination shall be where the principal vehicular access to the lot abuts the approved public or private right-of-way. If the principal vehicular access is served by alley way design, then the Planning Official shall determine the lot front.

4. Lot width determination shall be measured at the mid-point of the side lot lines.

5. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit, if any, established in this chapter or amendments thereto, for the district in which such building or structure is located.

6. Accessory uses listed as ancillary in the siting standards, shall be placed at a minimum of five feet (5') behind the front entry of the principal structure and a minimum of five feet (5') from rear and side property lines. Accessory structures such as garage(s), carport(s) or like uses are exempt from this requirement and shall meet the required front and corner setbacks. Uses not listed as ancillary in the siting standards shall meet principal setbacks of the respective zoning district.

7. For lots with AC zoning inside the Urban Growth Boundary and not within a Rural Enclave, the minimum lot size is reduced to two (2) acres and the minimum lot width is reduced to one hundred fifty (150) feet.

1. Limited industrial uses are permitted within alternate land uses and zoning designations as identified in the Use Table.

2. Limited to the Short Term Rental Overlay boundary as identified on the Future Land Use Map 2A.

3. Limited to existing EC zoning districts.

(Ord. No. 2020-07, § 2, 1-13-2020; Ord. No. 2022-125, § 3, 2-20-2023; Ord. No. 2023-52, § 2, 7-17-2023; Ord. No. 2025-10, § 4, 3-17-2025)

A.

OBJECTIVE.

1.

Encourage the retention and development of suitable areas for agricultural production, the preservation of open spaces, preserve the rural lifestyle and the conservation and management of soil, water, air, game and other natural resources and amenities; and

2.

Discourage the creation or continuation of conditions which could detract from the function and/or operation, of agricultural lands and the appearance of rural areas; and to allow the opportunity to effectively compete with other regions in production of agricultural products. All development and divisions of land meeting the net residential density in Rural/Agricultural zoning district(s) (AC, RS, or ARE) shall comply with the requirements outlined herein. Specific uses permitted within the Rural/Agricultural Zoning Districts are those generally associated with agricultural uses and their support activities. Those uses that may require specific siting standards are outlined herein.

B.

DISTRICTS.

1.

Agricultural Development and Conservation (AC): The AC District implements the Rural/Agricultural policies of the Osceola County Comprehensive Plan to allow agricultural areas to be developed in a manner consistent with the retention of agriculture, open space and rural character, and typically supports those land uses outside the Urban Growth Boundary. All properties within the AC district shall have a legal access to the property prior to any development activity or use request.

2.

Rural Settlement (RS): The RS District implements the Rural Settlement policies of the Osceola County Comprehensive Plan to allow the preservation of historic rural communities and provide opportunities for a rural lifestyle.

3.

Agricultural Rural Estate (ARE): The ARE District implements the Rural Enclave policies of the Osceola County Comprehensive Plan to allow the preservation of historic rural communities that are surrounded by the Urban Growth Boundary.

C.

LOT SIZING, DENSITY CALCULATIONS AND SETBACK REQUIREMENTS.

1.

Density Requirement: Density requirements are consistent with the Osceola County Comprehensive Plan and are calculated on a net residential development basis and may vary from the maximum density levels for a single lot if the overall density is met for new development.

D.

AGRICULTURAL DEVELOPMENT STANDARDS.

N/A = not applicable

¹  Lots as small as one-quarter (0.25) acre may be permitted, upon approval by the County Manager, for up to two (2) splits of a parent parcel, where the overall parcel density requirements are met.

²  Accessory uses listed as ancillary in the siting standards shall be placed a minimum of five (5) feet behind the front entry of the principal structure and a minimum of five (5) feet from rear and side property lines. Accessory structures such as but not limited to garages, sheds, carports, accessory living units, or barns are exempt from this requirement.

A.

OBJECTIVE.

1.

Promote the orderly growth and development of the community, protect the value of property, improve the opportunity for housing various economic groups, and achieve the intent of the land use initiatives; and

2.

Encourage the design and development of suitable areas for residential dwellings; and

3.

Discourage the creation or continuation of conditions which could detract from the function, harmony, tranquility and appearance of residential neighborhoods, or have an adverse effect on adjacent areas.

B.

DISTRICTS.

1.

Single Family Districts. The single family residential zoning districts implement the Rural Enclave and Low Density Residential policies of the Osceola County Comprehensive Plan to allow for preservation of historic communities, provide opportunities for rural residential lifestyle, and provide for newly developing residential areas within the Urban Growth Boundary. The single family zoning districts within the Urban Infill area of the Urban Growth Boundary are Agriculture Rural Estate (ARE), Urban Settlement (US), Urban Settlement Manufactured Product (US-M), and Low Density Residential (LDR). The principal character in single family districts is considered one (1) single family dwelling per lot, including attached products. This shall not prohibit the inclusion of mixed residential product type within newly developed areas implementing the encouraged Traditional Neighborhood Development principles, provided, however, that the maximum density within the specific single family residential zoning district is not exceeded.

2.

Multi-Family Districts. The multi-family zoning districts implement the Medium Density and Intensity and High Density Residential; and the Residential Professional Business policies of the Osceola County Comprehensive Plan and are intended to allow a full range of housing types, lot sizes, and densities to serve different segments of the housing market. The residential components of Residential Professional Business (RPB) and Commercial Tourist (CT) districts are further defined in the higher intensity districts below, recognizing the commercial component of these districts. The multi-family Zoning Districts that occur within the Infill area of the Urban Growth Boundary are: Medium Density Residential (MDR), Medium Density Residential-Manufactured Product (MDR-M), High Density Residential (HDR), and Residential Professional Business (RPB). Within the HDR zoning district, ancillary non-residential uses which support the residents of the development are permitted within High Density Residential future land use. Within Commercial future land use, non-residential uses are permitted up to fifteen (15) percent of the gross square footage of the building(s).

C.

DENSITY CALCULATIONS FOR RESIDENTIAL ZONING DISTRICTS.

1.

Unless otherwise provided in this Code, the calculation of number of units per acre shall be based upon the net residential density for the overall project. Density for new subdivisions shall be within the ranges shown in the Residential Development District standards herein. Parks shall be incorporated into the development program of any new subdivision consistent with the standards outlined herein and within the Comprehensive Plan.

2.

Overall Density. The density requirements for any one (1) parcel within a new development or subdivision may fall below or exceed the desired levels, where the overall development density requirements are met, or if the applicant has incorporated Transfer of Development Rights within the project. Exemptions to the minimum density of a single parcel may be approved by the County Manager if it is determined that environmental site constraints, or parcels of limited scale preclude achieving the net density of the parcel. Density shall not apply nor be calculated for lot splits.

Lower density may be required through implementation of the U.S. zoning district. This provision applies where a rezoning application is required for proposed new development of fifteen (15) acres or less within the Low Density Residential Land Use and is adjacent on two (2) sides to a platted subdivision with lots an average of one-half (0.5) acre or more in size. This provision does not apply where adjacent to approved development consistent with existing LDR zoning or non-residential standards, or where U.S. zoning was approved after October 1, 2023. For new development within U.S. zoning districts, maximum density shall be two (2) dwelling units per acre; however, the minimum lot size is not applicable.

3.

Accessory Living Units. For the purposes of determining compliance with minimum and maximum density requirements, accessory living units meeting the standards provided in this Code are not applied toward density counts.

4.

Calculating Net Density. Net density shall be calculated by multiplying the allowable density by the developable residential acreage. The developable acreage consists of the residential acreage, less road right-of-way (ROW) for Boulevards, Avenues and Multi-Modal Corridors (framework ROW), land dedicated to public use and activities including parks and recreation: stormwater systems designated by a water management district as "works of the district"; natural water bodies; wetlands except as noted in the Osceola County Comprehensive Plan; and any non- residential acreage that does not include vertically mixed residential use. The residential portion of mixed use buildings shall count toward meeting density requirements. Hotel density is calculated to meet minimum density requirements; however, the rooms shall not be counted toward the maximum density unless converted to multifamily through the adaptive reuse standards contained herein.

D.

RESIDENTIAL DEVELOPMENT STANDARDS.

E.

RESIDENTIAL SITING STANDARDS.

For single-family attached and detached residential units in new developments, the following shall apply:

1.

Development Standards. New single family developments shall implement a variety of residential product, with two (2) different product types required for development of up to sixty (60) lots; and three (3) different product types for developments of sixty-one (61) or more lots (e.g., single-family detached, detached structures with rear-loaded garages, townhomes, duplexes, bungalow court, quadraplex, etc.) where each single product type shall account for no less than fifteen (15) percent. There are no restrictions on additional product types. To ensure a variety of residential product type, the number of lots within new residential developments sharing an internal local roadway network with existing or previously approved residential phases shall be aggregated with the existing or previously approved residential phase for the purpose of implementing this provision. For small, infill developments, existing surrounding development may be considered when evaluating product type. No more than three (3) contiguous blocks shall include the same singular product type. Changes to lot width shall not be counted to achieve the provisions of this standard.

2.

Lot Area. Minimum lot area does not apply to attached single family product.

3.

Garages. For front facing garages, the garage door must be placed a minimum of twenty-five (25) feet off the perimeter property boundary, and for lane access garages, twenty-five (25) feet from edge of pavement. Rear garage access shall be required for all single family detached lots with a lot width less than forty-five (45) feet.

4.

Building Separation. For a zero-lot line product or an attached single family product, a minimum ten-foot (10') building separation between structures must be demonstrated.

5.

Accessory Uses/Structures. Accessory uses listed as ancillary in the siting standards shall be placed at a minimum, five (5) feet or three (3) feet, as listed above, behind the front entry of the principal structure and a minimum of five (5) feet from rear and side property lines. Accessory structures such as garage(s), accessory living units, carport(s) or like uses are exempt from this requirement, as are barn(s) in the ARE District.

6.

Driveways. Pavers shall be required for the driveway if the driveway comprises more than sixty (60) percent of the front yard area (area included shall be measured from front of principal structure to front property line). Sidewalks and driveway aprons within the right-of-way shall comply with the applicable Road Construction Specifications Manual guidelines.

7.

Air Conditioners and Mechanical Equipment. Air conditioner pads and condensing units, and other mechanical equipment will be staggered a minimum of ten (10) feet from air conditioner and mechanical equipment units on adjacent properties to provide for drainage and accessibility.

F.

RESIDENTIAL ARCHITECTURAL STANDARDS.

1.

Variety of Product. Architectural elevations and façades shall vary so that the type (model), paint color and elevation (all three (3)) shall not match adjacent structures nor the building site located directly or diagonally across the street. Any façade facing a public right-of-way shall be treated as a primary façade.

2.

Garages. Where the garage door (measurement shall be from each end of the garage door itself) comprises more than forty (40) percent of the front façade, remedies must be taken to reduce the visual impact of the garage mass. This can include recessing the garage, overhangs, trim, or separate door entries. Garages that are side-loaded or rear-loaded are exempt from this provision.

3.

Massing and Composition. Buildings shall have elements that clearly delineate a base, middle, and top through the use of color, materials, banding, and enhanced roofline elements. All walls facing the street or the public realm shall have a level of treatment similar to the front façade. Blank walls shall be reduced by the inclusion of windows, vertical elements with a plane change from the wall surface, shadow-casting elements, material changes, or other methods. Vertical material transitions shall occur at inside corners or wrap at least eighteen (18) inches around an outside corner.

4.

Windows/Doors. Windows and doors shall be accentuated through measures such as: adding trim/sills and lintels or other similar treatment; providing shutters or awnings; framing through the use of façade materials; use of bay windows; and/or recessing the window. Decorative shutters shall be scaled and affixed to have the appearance of functioning shutters.

5.

Roofline Elements. If using roofline elements to meet the requirements for Massing and composition, enhanced roofline elements include but are not limited to: molded or decorative fascia, frieze boards, and gable details and treatments.

6.

Adequate Storage. Where a garage is not provided, a minimum of forty (40) square feet of enclosed storage area shall be constructed so that residents will have space to store bulky personal effects (i.e., recreational equipment).

7.

Reserved.

8.

Compliance. Compliance with this standard is the responsibility of the developer or applicant. At the time of building permit, applicant will provide proof of compliance.

(Ord. No. 2022-125, § 3, 2-20-2023; Ord. No. 2025-10, § 4, 3-17-2025)

A.

OBJECTIVE. The Institutional designation is intended to serve those areas within the Urban Growth Boundary Infill Area and is intended to implement the Institutional Future Land Use Classification of the Comprehensive Plan. The Institutional District is for uses pertaining to organized establishments, foundations, societies, or the like, or to the buildings devoted to the work that are solely dedicated to the common benefit.

B.

INSTITUTIONAL DEVELOPMENT STANDARDS. Institutional District Standards may develop up to a 2.0 FAR. This is considered to be habitable space only; structured parking is exempt from this criterion. If the use is intended to be placed adjacent to a residential area, it shall conform to the development patterns surrounding the property.

A.

OBJECTIVE. The commercial designations are intended to serve those areas within the Urban Growth Boundary that are outside Urban Infill Centers and are planned as a tiered approach ranging from high intensity commercial to a mix of commercial and residential uses including, but not limited to:

1.

A Live/Work structure is defined as a structure under single ownership consisting of both a non-residential and residential component.

2.

A Residential over Commercial structure is defined as a structure with non-residential uses on the ground floor and multifamily development which meets minimum density requirements on the upper floors.

Applications seeking to amend a zoning designation from a commercial or industrial district to any residential zoning district identified on Table 3.1; or from any Neighborhood Center Commercial zoning district or Urban Infill Center Core zoning district to Urban Infill Center Perimeter zoning district; or, amending PD zoning districts from commercial entitlements to residential entitlements, or increasing residential entitlements through a major amendment, must demonstrate via a professionally acceptable methodology, as contemplated in F.S. § 163.3177(1)(f)(3), that Osceola County's most recently adopted Comprehensive Plan or Land Development Code will not accommodate medium residential growth projections as published in the Office of Economic and Demographic Research at the designated target year.

B.

COMMERCIAL DISTRICTS INCLUDE:

1.

Residential Professional Business (RPB). The RPB district implements the Medium Density and Intensity as well as the Commercial policies of the Comprehensive Plan. The Residential Professional Business district may contain residential, professional office development and limited commercial uses indicated as permitted on the use table.

2.

Commercial General (CG). The Commercial General district implements the Commercial policies of the Comprehensive Plan and is primarily intended for existing commercial areas where centers are not feasible and allows for a wide range of intensities and uses, including enclosed light industrial, warehouse, and distribution, as appropriate based on proximity to transit and neighboring development.

3.

Commercial Neighborhood (CN). The Commercial Neighborhood district implements the Commercial policies of the Comprehensive Plan and is primarily intended for existing commercial areas where Urban Infill Centers are not feasible and allows for convenience retail and professional business. This district provides a transition zone between residential and more intense commercial development.

4.

Commercial Tourist (CT). The Commercial Tourist district implements the Tourist Commercial and Short Term Rental Overlay policies of the Comprehensive Plan and is primarily intended for intense tourist-related housing, commercial and recreational, and entertainment uses.

5.

Commercial Office (CO). The Commercial Office district is intended to provide workplace and professional services within the Urban Infill area of the County where centers are not feasible. The Commercial uses are limited to lesser intensity office and limited sales and services as indicated on the use table.

6.

Employment Commercial (EC). The Employment Commercial district implements the Commercial policies of the Comprehensive Plan where Urban Infill Centers are not feasible and is intended to expand and diversify employment opportunities within the County.

C.

BUILDING ORIENTATION.

1.

Building Orientation. All Commercial building's primary entrance shall be located on the façade facing the public right-of-way or civic space. Primary entrance is the principal pedestrian access to a building, even if customers or residents may more frequently use a secondary entrance associated with a garage, parking area, driveway, or other vehicle use area. The entrance shall have the architectural detailing that sets it apart from other entrances and allows it to be recognized as the building's primary access point.

D.

COMMERCIAL DEVELOPMENT STANDARDS.

Note: Residential development is not required.

¹  For Commercial uses only.

²  For Residential uses only.

³  When a Commercial Neighborhood property is adjacent to another Commercial district, the properties may choose to aggregate and develop under the higher intensity development standards of the adjacent property.

⁴  Single-family detached is a Permitted Use as indicated in Use Table 3.4. For areas within one-half (0.5) mile of West U.S. 192 (West Irlo Bronson Memorial Highway), residential development shall have a minimum density of eight (8) dwelling units per acre and a maximum density of eighty (80) dwelling units per acre.

⁵  Hotels have no maximum density.

⁶  EC parcels with Employment Center Future Land Use designations shall comply with the Urban Infill Center standards contained herein.

⁷  The lower intensity shall apply to properties within the MDI Future Land Use designation. The higher intensity shall apply to properties within the Commercial Future Land Use.

E.

COMMERCIAL FLOOR AREA RATIO (FAR)/INTENSITY STANDARDS.

1.

Calculating intensity/FAR. FAR shall be calculated by dividing the proposed non-residential square footage by the developable non-residential acreage. The developable acreage consists of the non-residential acreage, less road right-of-way (ROW) for Boulevards, Avenues and Multi-Modal Corridors (framework ROW), land dedicated to public use and activities including parks and recreation; stormwater systems designated by a water management district as "works of the district"; natural water bodies; wetlands except as noted in the Osceola County Comprehensive Plan; and any residential use acreage that does not include vertically mixed residential use. The residential portion of mixed use buildings shall meet all density requirements, and be counted toward meeting minimum FAR requirements. Where there is a maximum FAR, the residential portion of a mixed use building shall not be calculated. Density shall be calculated according to residential district standards contained herein.

(Ord. No. 2020-07, § 2, 1-13-2020; Ord. No. 2022-125, § 3, 2-20-2023; Ord. No. 2024-48, § 1, 8-5-2024; Ord. No. 2025-10, § 4, 3-17-2025)

A.

OBJECTIVE. The Industrial zoning district is intended to implement the Industrial Land Use classification of the Comprehensive Plan and is primarily focused on accommodating intensive industrial land uses within the Urban Infill area inside the Urban Growth Boundary. Commercial uses that are compatible with typical industrial uses shall be allowed according to the provisions of this section and as identified in the Use Tables. Limited industrial uses are permitted within alternate land uses and zoning designations as identified in the Use Table.

B.

INDUSTRIAL DISTRICTS INCLUDE:

1.

Industrial Restricted (IR). The Industrial Restricted district is established to allow for light industrial, warehouse/distribution and in some cases commercial and research and development land uses.

2.

Industrial General (IG). The Industrial General district implements the Industrial policies of the Comprehensive Plan and is intended for establishments engaged in manufacturing and distribution and some commercial uses.

3.

Industrial Manufacturing (IM). The Industrial Manufacturing district is established to allow for higher intensity developments engaged in manufacturing and is consistent with the Comprehensive Plan.

C.

All Industrial uses must have direct access to a paved roadway. Rezoning land to an Industrial District requires at least an acre of contiguous property, except as provided herein. Smaller tracts of less than an acre that are adjacent to existing industrial sites or vacant sites with an Industrial Future Land Use designation may be permitted to rezone to an Industrial District, provided the proposed development conforms to the adjacent site and design standards and cross access is provided where applicable.

D.

Where property zoned IR, IG or IM abuts existing residential development, no building or structure shall be located within seventy-five (75) feet of the residential perimeter property boundary line.

E.

INDUSTRIAL DEVELOPMENT STANDARDS.

(Ord. No. 2022-125, § 3, 2-20-2023; Ord. No. 2025-10, § 4, 3-17-2025; Ord. No. 2025-47, § 2, 8-4-2025)

A.

OBJECTIVE. The purpose of these districts is to promote development of land as deliberate planned communities and the use of creative concepts for development planning that will create places that are set apart and in a manner that is consistent with the Comprehensive Plan. Special Purpose planning districts shall be allowed in all Land Use classifications given that the development patterns are consistent with the criteria outlined herein. As County development initiatives move forward, overlay districts may be incorporated as Special Purpose Districts. One such initiative is the Narcoossee neighborhood planning process and subsequent design intent document that is currently adopted for that area. Special Purpose District development standards shall adhere to or enhance the criteria outlined herein and will be reviewed on a case-by-case basis.

B.

SPECIAL PURPOSE DISTRICTS AND OVERLAYS INCLUDE:

1.

Planned Development (PD). Planned Development Classifications shall exercise greater ingenuity and imagination in the planning and development of tracts of land under a unified control than is generally possible under these regulations. Additional criteria and process for Planned Development approval is outlined herein.

2.

Narcoossee Community Overlay. The Narcoossee Community Overlay encompasses the area from East Lake Tohopekaliga to the western boundary of the Deseret Ranch, south to Highway 192 and Nova Road, and north to the Osceola-Orange County line. This Overlay identifies ways that the area can proactively plan for growth while preserving the community's heritage and unique qualities, providing opportunities for consolidating, expanding and creating new commercial areas along the Narcoossee corridor. The Narcoossee Community Overlay Development Standards can be found herein.

3.

Mixed Use District (MXD). The Mixed Use District is only intended for the Urban Expansion Areas of the Future Land Use Map that are designated as Mixed Use. The Mixed Use District is designed to provide flexibility in development, encourage a mix of residential housing types, and create the sense of community common in coherent and interconnected neighborhoods. Additionally, the design of these mixed use areas shall encourage neighboring landowners to combine projects under joint ownership so that more efficient neighborhoods can result. New development within an MXD Community Center, Urban Center, or Employment Center that complies with the MXD standards, and which is located within one-half (0.5) mile walking distance of a premium transit corridor shall be considered a Transit Oriented Development. Mixed Use District Development Standards can be found herein.

4.

Urban Infill Centers. The Urban Infill Centers are special purpose districts within the Urban Infill Areas of the Growth Boundary of the Future Land Use Map that are designated as Neighborhood Center, Community Center, Employment Center and Urban Center to promote integrated urban environments that encourage walkability and transit. New development within a Community Center, Urban Center, or Employment Center that complies with the Urban Infill Center standards, and which is located within one-half (0.5) mile walking distance of a premium transit corridor shall be considered a Transit Oriented Development. Urban Infill Centers Standard can be found herein.

5.

East U.S. 192 Community Redevelopment Area (CRA). The East U.S. 192 Community Redevelopment Area (CRA) is for the creation of an advanced manufacturing and Research Park located at the Judge Farms property to create an urban environment capable of attracting state-of-the-art manufacturing, research and incubation facilities. The CRA is design to encourage a cohesive, vibrant and efficient development pattern which strives to create a sense of place beyond the individual building. The U.S. 192 Community Redevelopment Area (CRA) can be found herein.

6.

Airport Height Overlay. An Airport Height Overlay Permit must be submitted for development and objects of natural growth over two hundred (200) feet above ground level (AGL) located within all the clear zones identified on TRN6: Air Transportation Facilities and Special Planning Areas 2040. An area located in more than one (1) of the prescribed airport height zones or airspace surfaces must comply with the most restrictive height limit or surface. A separate application for an airport height zoning permit must be submitted for permanent or temporary derricks, draglines, cranes and other boom-equipped machinery to be used during construction or installation at heights greater than the height of proposed structure. The Airport Height Overlay Permit application is in addition to any other required permits before the commencement of development.

7.

West U.S. 192 Development Authority Corridor. The West U.S. 192 Development Authority Corridor (W192 Corridor) is intended to enforce key elements of the W192 Design Guidelines which define a multi-themed vision for the W192 Corridor. In order to achieve the desired character and form for the W192 Corridor, the standards in this Article, paired with the W192 Design Guidelines established by the W192 Development Authority, are intended to guide development and redevelopment to create a sense of place and attract tourism.

8.

Boggy Creek Road Overlay. The Boggy Creek Road Overlay District encompasses land north of East Lake Tohopekaliga, south of the Orange County Line, east of Austin Tindall Park, and west of Fells Cove. The overlay provides for the balanced expansion of industrial, commercial, and more intense residential development by addressing buffers, parking, uses, and appropriate access and circulation.

(Ord. No. 2020-21, § 2, 2-17-2020; Ord. No. 2025-10, § 4, 3-17-2025; Ord. No. 2025-47, § 2, 8-4-2025)

The purpose of this section is to establish standards for activities within all zoning districts that have the potential to affect the natural, environmental or livability of residential and employment areas.

A.

IN GENERAL. All uses shall be conducted so as to prevent any nuisance, hazard, or commonly recognized offensive conditions.

B.

MANURE. Manure must be removed regularly or otherwise composted or spread in such a manner as to protect surface and groundwater, to minimize the breeding of flies, and to control odors. In conjunction with uses not associated with bona fide agriculture, manure piles must be located a minimum distance of one hundred feet (100') from a well, stream or waterbody. In residential zoning districts, manure piles must be set back from a perimeter lot line in accordance with the zoning district accessory use setback.

C.

FENCES. Fences may be constructed, placed, or maintained in any yard or adjacent to a lot line in accordance with these requirements.

1.

The owner of the property upon which a fence is located shall be responsible for locating all property lines prior to constructing said fence.

2.

Fences in front yards of single family residential development shall not exceed four (4) feet in height, except for fences placed on properties within platted subdivisions recorded prior to October 15, 2012 or properties legally developed with single-family residences prior to October 15, 2012, which properties shall not be limited in height.

3.

Fence height shall be measured from the average grade adjacent to the bottom of the fence to the top of the fence material. Fence posts may extend an additional six (6) inches.

4.

All fences shall be constructed of durable, uniform, weather-resistant, and rust-proofed materials. Barbed wire fencing is prohibited except in conjunction with bona fide agricultural activities or where mandated by law.

5.

All fences shall be maintained and kept in good condition.

D.

ROOFTOP EQUIPMENT. For all multi-family and non-residential properties, rooftop mechanical equipment, including structures related to elevators, shall be completely screened from eye level ground view from contiguous properties and adjacent streets. Such equipment shall be screened with parapets or other materials similar to and compatible with exterior materials and architectural treatment on the structure being served. Solar and wind energy equipment is exempt.

E.

GARAGE/YARD, ETC., SALES. Garage, yard, tag, patio and apartment sales are specifically permitted, as an accessory use, in all residential and mixed-use districts. Such sales shall be limited to one during each six (6) month period, for duration not to exceed three (3) days.

F.

SOLID WASTE SCREEN ENCLOSURE. Solid waste containers shall be stored in such a manner that the containers are not visible from the public right-of-way. For residential units providing for less than a two (2) car garage or for residential units where the solid waste containers are not stored within an enclosed building, a minimum four-foot (4') high opaque screen enclosure shall be provided for storage of solid waste containers to screen them from the public right-of-way. The enclosure shall not be located within the required twenty-five-foot (25') driveway and shall be designed and constructed with materials that are compatible with the architectural character of the primary structure.

The use of all structures and properties that are new or newly developed as defined herein shall conform with the requirements of the Use Tables and with all other applicable requirements of the Code. All those structures and properties that are not new or newly developed as defined herein shall conform with the requirements of Preceding Use Table 3.5.

A.

PERMITTED USE BY RIGHT. A "P" in the designated space indicates a use that is permitted by right; some uses are indicated as permitted provided that the use meets the additional siting standards established in the Code.

B.

CONDITIONAL USE. A "CU" in the designated space indicates that a use is permitted only the districts indicated with a conditional use approval by the Board of Adjustment in accordance with the procedures outlined in the Code.

C.

ACCESSORY USE. An "A" in the designated space indicates that a use is permitted as an accessory use supporting a principal use in the respective district. Unless otherwise permitted herein, an accessory use is incidental and subordinate to a principal use within the project development site, and may be subject to additional siting standards established in this Code.

D.

PROHIBITED USE. A blank cell in the designated space indicates that a use is not permitted in the respective district.

(Ord. No. 2022-125, § 3, 2-20-2023; Ord. No. 2025-10, § 4, 3-17-2025)

A.

SITING STANDARDS. Siting standards are provided herein for uses that are identified in the Use Tables in order to provide for the orderly development of land consistent with the Goals and Policies of the Comprehensive Plan and compatible with the surrounding developments.

B.

SIMILAR USES. A use not specifically listed in the Use Tables but possessing similar characteristics, including but not limited to size, intensity, density, operating hours, demands on public facilities such as water, sewer, traffic or environmental impacts, and business practices, may be allowed upon approval by the County Manager. Such uses will be determined based on the Use Tables and shall be subject to all requirements of the uses to which they are similar.

C.

DEVELOPMENT PLAN REVIEW. A Site Development Plan review is required for all uses that have special siting standards required under this Code. These requirements may be waived should the County Manager deem it appropriate.

Refer to Table 3.4 — Use Table for allowable uses and Table 3.5 — Preceding Zoning Use Table for allowable uses in preceding zoning districts, as defined herein. The Preceding Zoning Use Table is not applicable to new development, as defined herein.

Permitted Uses within the AC zoning district which meet the definition for New Development apply only outside the Urban Growth Boundary (UGB). See Preceding Use Table 3.5 for permitted AC uses within the UGB for existing development.

P - Permitted Use or Permitted Provided that Siting Standards are Incorporated into Development. See Overlay District Standards for additional permitted or prohibited uses. Where there is conflict between the overlay district and the Use Table, the Overlay District shall prevail.

A - Accessory or Ancillary Use, Incidental to the Primary Structure or Use and Subject to Siting Standards.

CU - Requires a Conditional Use Permit Approved by the Board of Adjustment

* - Specific Use that has Siting Standards. Siting standards are based on the proposed use within any zoning district.

** - Communication Towers that choose not to adhere to the siting standards will be required to obtain a conditional use permit in accordance with this Code.

*** - Vet Clinic Only.

Notes:

a.

 Not permitted within Low Density Residential Land Use.

b.

 Permitted only within Live/Work or Residential Over Commercial Structures as defined herein.

c.

 The term Manufactured Home refers to mobile homes constructed to HUD standards.

Urban Infill Center Notes:

1.

 With the exception of Live/Work Units, residential uses are not permitted in NCC.

2.

 Permitted only where existing or new on-site structures meet all architectural design standards for Urban Infill Centers.

3.

 Permitted within the Perimeter only.

4.

 Permitted within the Core only.

P - Permitted Use or Permitted Provided that Siting Standards are Incorporated into Development.

A - Accessory Use Incidental to the Primary Structure or Use and Subject to Siting Standards.

CU- Requires a conditional use permit approved by the Board of Adjustment.

* - Indicates a specific use that has Siting Standards.

Blank - Prohibited Use.

(Ord. No. 2025-10, § 4, 3-17-2025; Ord. No. 2025-47, § 2, 8-4-2025)

Items listed in the Agricultural Use Category of the Use Tables are permitted but may be subject to the following siting standards within the zoning districts.

A.

AGRICULTURAL STANDS/AGRICULTURAL PRODUCTS. On-site agricultural product sale is permitted as indicated in the Use Tables, subject to the following standards.

1.

The minimum setback of any structure housing the sale of products shall be one hundred (100) feet from the property line.

2.

The use shall provide for all required off-street parking and loading on private property. Paved parking is not required; however, a surface that will not contribute to erosion or sedimentation, either on-site or off-site, is required. If paved parking is provided, review by the County Engineer shall be required.

3.

The use shall have direct vehicular access to a public street.

4.

At least one (1) fully charged fire extinguisher shall be located on the premises at all times in a visible, accessible location.

5.

Written permission from the owner of the property, when the stand is not located on land owned by the operator, shall be required on-site at all times the site is in use.

6.

No more than one (1) readily removable, temporary structure, smaller than four hundred (400) square feet for storage, display or sales shall be utilized. The structure shall not be for visitor access.

7.

The Agricultural Stand permit issued by Osceola County for the stand shall be displayed in a conspicuous place at all times while stand is operational.

B.

AGRITOURISM OR ECO-TOURISM ACTIVITIES. Agritourism or eco-tourism development (hereinafter collectively referred to as "agritourism") shall be developed to "fit into its specific physical and cultural contexts through careful attention to form, landscaping, color, and the use of vernacular architecture where appropriate." An important part of the authentic cultural history of the Osceola Kissimmee area is the Florida Cowman. The early Florida ranch and farm vernacular style of architecture was designed to take advantage of passive solar and wind attributes found in the natural Florida environment. Agritourism activities are permitted as indicated in the Use Tables subject to the following standards:

1.

Any agritourism development that is intended to be used for overnight lodging shall not be occupied for a period of more than ninety (90) consecutive days, excluding on-site management or staff housing or existing on-site housing.

2.

Property used for agritourism development shall be located with access to a paved boulevard, avenue or framework street or adjacent to a natural resource, consistent with the protection of the resource. The development's interior roads do not need to be paved but should be similar in nature to any existing roads on the property or to a typical Florida ranch road so as to minimize the impact on the character of the area.

3.

Agritourism activities are an emerging industry and may exist on a working farm or ranch or other natural area deemed appropriate. An agritourism development shall be located on a property with minimum of one hundred (100) acres or that is adjacent to preserved lands or active agricultural lands that total the minimum. The maximum density of multi-unit lodge rooms, cabins, tents or tent spaces shall not exceed one (1) unit per five (5) acres. Development shall be encouraged to minimize impacts to existing vegetation.

4.

All principal structures, accessory structures, temporary structures and tent spaces shall be set back a minimum of fifty (50) feet from any perimeter property boundary line.

5.

The agritourism development master plan and architectural design shall fit into its specific physical and cultural contexts through careful attention to form, landscaping, color, and use of vernacular architecture consistent with its setting.

6.

Guest and employee parking area(s) shall be located and designed consistent with the environment in which they are located so as not to detract from the setting in which they are placed. Pervious parking areas are encouraged where appropriate.

7.

The agritourism development may be on the power grid; however, the development shall strive to achieve energy self-sustainability through passive design and renewable energy sources and newly developed technologies.

8.

Within an agritourism development, the following ancillary uses are permitted:

a.

Recreation amenities restricted to use by guests, including recreation rooms, equestrian facilities, nature and walking trails, playgrounds, docks or similar facilities;

b.

Entrance welcome center or gate houses or similar facilities designed to provide information, check in and/or security to the development;

c.

Maintenance facilities and housing for the management and staff;

d.

Administrative office space necessary for operation of the agritourism development; and small conference/educational meeting areas;

e.

Commercial or retail use located internal to the development and restricted to use by guests, including central lodge, restaurants, convenience food and beverage items or other retail usage, and other ancillary support facilities.

9.

The permitted ancillary commercial and retail uses shall, in addition to the requirements of this Section, be located and accessed internally to the agritourism development.

C.

AVIARIES. On-site aviaries are permitted as indicated in the Use Tables subject to the following:

1.

The structure shall be a minimum required by industry standards for the breed housed.

2.

The structure shall be a minimum of fifty feet (50') from the property line and located behind the property's principal structure and be transparent in nature.

D.

COMMERCIAL KENNELS/STABLES OR SIMILAR. Commercial kennels or similar are permitted as indicated in the Use Tables subject to the following:

1.

The minimum lot area shall be two (2) acres and the site must have direct access to a County maintained road.

2.

The method of disposal of all feces and other solid waste generated by the facility shall be reviewed and approved by the Health Department.

3.

All runs and kennel areas shall be fenced with chain link, solid wood fencing or a masonry wall.

4.

The fence or wall shall be of quality material and be neat in appearance. The run or fenced kennel areas shall be set back a minimum of fifteen (15) feet from rear and side property boundaries. The fenced kennel area is not permitted within the front yard.

5.

Use of outdoor areas by the animals shall occur no earlier than 7:00 a.m. and no later than 9:00 p.m.

6.

Any facility or training of animals shall not include the use of loud noises or produce smoke or odor or generate same.

7.

Humane Society of the United States (HSUS) Guidelines shall be used, at a minimum for the flooring, walls between kennels, drainage, heating and cooling, cage sizes and runs.

8.

All outdoor runs shall be a minimum of one hundred fifty (150) feet from any residential zoning district.

E.

COMMUNITY GARDENS. Community gardens are permitted as indicated in the Use Tables subject to the following:

1.

There shall not be an existing dwelling upon the property.

2.

No gardening or farming activities using machinery and equipment shall take place between 9:00 p.m. and 7:00 a.m. at any community garden.

3.

Placement.

a.

Community gardens on residentially zoned property shall have a minimum front yard setback equivalent to that of any adjacent dwelling, or twenty-five (25) feet where there are no adjacent dwellings, and minimum side and rear yard setbacks of five (5) feet. The required front yard setback shall be provided along both street frontages for community gardens located on corner lots.

b.

All required yard setbacks shall be landscaped with grass, ground cover, shrubs, or other natural landscape materials, and shall otherwise comply with the required standards and regulations of this Code, for landscaping, greenbelts, buffers and screening.

c.

Community gardens may also include but are not limited to any of the following accessory uses and/or structures: raised or accessible planting beds; compost bins; picnic tables; fences; garden art; rain barrel systems; rest room facilities or portable toilets; and children's play areas.

d.

All community gardens shall have suitable waste and recyclable containers that are regularly serviced and screened.

e.

Sale of crops shall be in accordance with provision included herein under "Agricultural Stands."

f.

Overhead and/or exterior lighting shall be prohibited at any community garden.

F.

CONSERVATION SUBDIVISIONS. Conservation Subdivisions are permitted as either Single Family Attached or Single Family Detached as indicated in the Use Tables. If there are conflicts between these standards and standards contained elsewhere in the Land Development Code, the standards in this Article shall prevail. Development aspects not covered by these standards shall be governed by the standards contained elsewhere in the Land Development Code.

1.

The purpose of a Conservation Subdivision is to preserve the agricultural opportunities and natural features on site, promote recreational opportunities, and to incorporate the site's historic and cultural features. Conservation subdivisions shall be designed with variations and originality in lot layout to achieve the best relationship between development and open space areas, and to preserve the characteristics of the natural landscape by:

a.

Conserving areas outside the UGB for continued agricultural and/or silviculture use by preserving large blocks of land with sufficient size to allow efficient operations;

b.

Encouraging the maintenance and enhancement of habitat for various forms of wildlife and creating new woodlands through succession and reforestation where appropriate;

c.

Minimizing site disturbance and erosion through retention of existing vegetation and avoiding development in sensitive areas;

d.

Conserving open land, including those areas containing unique and sensitive features such as natural areas and wildlife habitats, streams and creeks, wetlands and floodways;

e.

Protecting scenic views and elements of the rural character outside of the UGB by avoiding new development fronting directly onto existing public designated federal, state, or county highways, unless an alternative rural character/natural buffer a minimum of one hundred feet (100') in width is provided. Such buffer shall provide a seamless continuation of surrounding agricultural character as illustrated in Figure 3.5.1a.

Figure 3.5.1a. Rural Character/Natural Buffer Examples

Expand

 

f.

Preserving and maintaining historic and archeological sites and structures that serve as significant visible reminders of the County's social and architectural history;

g.

Providing for active and passive recreational needs of County residents, including implementation of the Comprehensive Plan;

h.

Providing greater efficiency in the siting of services and infrastructure by reducing road length and the amount of paving for development;

i.

Creating more compact rural neighborhoods accessible to shared open space amenities and with a strong community identity; and

j.

Providing for enhanced public safety through the use of the National Fire Protection Association (NFPA) Firewise recommendations where feasible in the design of home sites and development clusters for protection from potential forest fires, wild fires, and controlled burning activities.

2.

Project Size. The minimum project size shall be one hundred (100) acres, which shall be divided into Preservation/Agricultural Tract(s) and Developable Area Tract(s) as illustrated on Figure 3.5.1b. The project Developable Area Tract(s) consists of Residential Tracts and/or Common Area/Recreation Tracts.

3.

Preservation/Agricultural Tracts. A minimum of fifty (50) percent of the land area within the project shall be set aside as one or more "Preservation/Agricultural Tracts."

a.

A Preservation/Agricultural Tract shall be dedicated for conservation, agricultural, or recreational open space, which shall be permanently preserved via easement and managed by the agricultural owner, homeowners association, property owners association, land trust, conservation organization, public agency, or other ownership and maintenance entity as defined/referenced on the plat. With the exception of non-subdivided ancillary agricultural support residential, the easement dedication shall remove all residential development rights from the open space, be in favor of the management entity, and managed by the same.

b.

Preservation/Agricultural Tracts shall be located in a manner that optimizes the land maintained as open space to retain agricultural functions, promote recreational opportunities, minimize fragmentation of area resources, and/or preserve existing ecological connections.

c.

Significant native habitat shall be designated as part of a Preservation/Agricultural Tract wherever feasible. Native habitat includes, but is not limited to: upland forests, flatwoods, oak scrub, sand pine scrub, and/or sites listed on the Florida Natural Areas Inventory (FNAI) that are part of the ecologically connected matrix of natural areas significant for wildlife habitat and water quality protection.

d.

Preservation/Agricultural Tracts may be made up of agricultural/ranching uses and associated ancillary support residential, public/civic spaces with recreational open space permitted by zoning, upland buffers to wetlands, wetlands, water bodies or watercourses, or trail links, as well as larger areas containing significant native habitat as mentioned above.

e.

Preservation/Agricultural Tracts shall be a minimum of three (3) acres or be sized appropriately for the intended use.

f.

Management Plan: If the Preservation/Agricultural Tract is not preserved for agricultural/ranching uses and maintained by the agricultural/ranch owner, the developer shall, in cooperation with other local, state and federal agencies and entities, create a Management Plan to be approved by the County Manager for the tract. The Plan shall include provisions to provide management activities necessary to preserve, enhance, restore, conserve, maintain, or monitor the land, as appropriate. The Plan shall ensure all uses are consistent with preservation, enhancement, restoration, conservation, and maintenance of the land, and shall estimate the annual capital and operating costs of implementing the Plan. Management activities included in the Plan may include, but are not limited to: exotic/nuisance plant species removal, native vegetative communities' restoration, natural hydrology restoration, natural fire regime restoration, feral hog or livestock removal from natural areas, and similar activities. All Preservation/Agricultural Tracts shall remain in a condition consistent with the approved Management Plan, (if applicable).

4.

Common Area/Recreation Tracts. Within the project Developable Area Tract(s), Common Area/Recreation Tracts may include uses such as open space, active and passive recreation, stormwater management, buffers, and other uses or activities intended for use by residents of the Conservation Subdivision. Common Area/Recreation Tracts shall meet the residential recreation requirements as outlined elsewhere in the LDC.

5.

Residential Tracts. Residential density shall be one (1) dwelling unit per five (5) acres, based on total acreage. Minimum lot size, building height, and building setbacks shall follow the standards for LDR contained elsewhere in the LDC, and may vary depending on the type of potable water well and sewer treatment/disposal systems proposed. These standards shall meet the minimum required by the applicable state or County agencies reviewing the well and sewer treatment/disposal system. Other development standards shall be as follows:

a.

Accessory uses listed as ancillary in the residential siting standards shall be placed a minimum of five (5) feet behind the front entry of the principal structure and a minimum of five (5) feet from rear and side property lines. Accessory structures such as garages, garage apartments, carports, pole barns, stables, or like uses are exempt from this requirement, as are structures within the residential tract which are related to an agricultural exempt use in the Preservation/Agricultural Tract; however, such uses shall not be located within any easement that prohibits obstructions.

b.

Perimeter Buffer: To protect existing rural and agricultural uses, when a Residential Tract is adjacent to lots greater than or equal to five (5) acres, a developer may choose one (1) of the following buffer options:

i.

Separate the proposed Residential Tract from existing uses by a Preservation/Agricultural Tract meeting above requirements.

ii.

Provide a "Medium" buffer as outlined elsewhere in the LDC with fencing constructed of one the following materials: wooden post and horizontal wire; pre-cast concrete post and rail; three rail wooden fence; steel I-beam vertical posts with wooden rails; or Corten steel slatted fence.

Figure 3.5.1b Conservation Subdivision Tract Example

Figure 3.5.1c Small Lot Example

Figure 3.5.1d Large Lot Example

6.

Open Space and/or Recreation. Open space and recreation requirements may be provided in either the Preservation/Agricultural Tracts (in which case it must be available to residents of the development) or Common Area/Recreation Tracts, and shall be calculated as outlined elsewhere in the LDC. Preserved wetlands and water management areas, if designed appropriately with pedestrian access available, may contribute to the open space acreage, but because of their limited open space value, can in no case comprise more than fifty (50) percent of the required open space acreage as calculated on the Developable Area.

7.

Stormwater Management. To the extent that permitting agencies allow, stormwater management shall be governed by the standards contained elsewhere in the LDC. Stormwater management facilities that incorporate Low Impact Development (LID) practices and provide beneficial and functional wildlife habitat as outlined elsewhere in the LDC may be counted at one hundred (100) percent toward open space requirements.

8.

Potable Water. Water shall be obtained through either a public well accommodating the development or private wells accommodating each home, which shall be permitted and maintained through the applicable State or County agency.

9.

On-site Sewer Treatment and Disposal. The extension of central sanitary sewer systems outside the UGB shall be prohibited as outlined in the Comprehensive Plan Sanitary Sewer Element. Residential sewage treatment shall be provided through either a package treatment plant (public system) accommodating the development or through private systems accommodating each home, which shall be permitted and maintained through the applicable State or County agency.

a.

Should a package treatment plant be utilized, the effluent shall be disposed of by appropriate tertiary means other than settling ponds, as outlined elsewhere in the LDC for waste related services (bio-solid disposal).

b.

The use of reclaimed water and/or other non-potable sources of water shall be required as available through above tertiary treatment methods.

10.

Primary Access. Access to the Conservation Subdivision shall be provided from a state or County maintained roadway.

11.

Roadway Design Standards. All roadways within the conservation subdivision shall be governed by the standards contained elsewhere in the LDC and outlined in the Osceola County Road Construction Specifications, except:

a.

Lots smaller than one-half (½) acre and one hundred (100) foot width at the property line shall use an Osceola County Public Local Urban Roadway Section (with curb and gutter).

b.

Lots with a minimum of one-half (½) acre and one-hundred (100) foot width at the property line may use an Osceola County Public Rural Roadway Section.

c.

Private roadways shall be reviewed through Osceola County's subdivision process outlined elsewhere in the LDC. Alternative roadway cross-sections and materials may be approved through Osceola County's subdivision process.

d.

Developments meeting the requirements for a single access shall provide a turnaround at a minimum of every eight hundred (800) feet, based on the largest fire apparatus in the Osceola County Fire Department fleet.

12.

Internal Circulation. An interconnected pedestrian, bicycle, equestrian, and/or All-Terrain Vehicle (ATV)/Off-Road Vehicle (ORV)/Off-Highway Vehicle (OHV) circulation system shall be provided within the Developable Area Tract(s).

a.

If opportunity exists, provide linkages to existing and proposed offsite systems. The pedestrian, bicycle, and/or equestrian systems shall have safe and convenient access to the Preservation/Agricultural Tract from all residential lots. If the Preservation/Agricultural Tract is being utilized strictly for agricultural purposes a linkage may be provided; however, it is not required.

b.

Pedestrian walkways are required to provide pedestrian access to student waiting areas.

c.

ATV, ORV, and OHV connections through the Preservation/Agricultural Tract may be accomplished through the creation of a trail system platted as part of the Common Area/Recreation Tracts.

13.

Public Safety.

a.

Properties located within five (5) miles of an Osceola County Fire Station shall provide a UL listed fire alarm/early warning smoke detection system monitored by a UL approved monitoring company.

b.

Properties located more than five (5) miles from an Osceola County Fire Station shall provide a UL listed fire alarm/early warning smoke detection system monitored by a UL approved monitoring company. Property must also provide an approved NFPA 1142 "Standard on Water Supplies for Suburban and Rural Fire Fighting" water supply.

14.

Student Waiting Areas and School Bus Access.

a.

Though the School District will decide where school bus stops are placed, consideration should be taken in the planning phase to provide safe options. School bus stops are most often placed at the entrance of developments, though they may be placed at a central location such as a clubhouse, park, or trailhead. Locations such as these shall be planned as possible student waiting areas should the School District decide to utilize them, and shall meet the following criteria:

i.

The visibility of waiting students by vehicular traffic shall not be obscured; and

ii.

Parent vehicular waiting area shall be provided if the student waiting area is at the entrance, and is encouraged to be provided if student waiting area is centrally located.

b.

If the community is gated, above standards still apply, as well as the following standards:

i.

The gate opening shall be at least fourteen (14) feet wide to accommodate school buses and meet other County requirements regarding entrance gates as referenced elsewhere in the LDC;

ii.

Gates shall remain open long enough to allow school buses to safely enter and exit;

iii.

If a key pad is used to enter, one (1) shall be placed between six (6) feet and seven (7) feet from the ground to allow the driver to use it without exiting the bus.

Note: Regular buses will seldom enter communities that are gated, but the district may be required under Federal regulations to enter the community for exceptional students.

F.

GREENHOUSE OR NURSERY (COMMERCIAL). Commercial greenhouses or nurseries are permitted as indicated in the Use Tables subject to the following:

1.

Retail operations shall not occupy more than fifty (50) percent of the square footage of the primary wholesale use of the property.

2.

The retail operations shall have direct vehicular access to a boulevard or avenue.

3.

The retail portion of the property shall adhere to the parking requirements contained herein.

G.

HUNTING OR FISHING CAMPS. Hunting camps are permitted as indicated in the Use Tables subject to the following:

1.

Hunt camp permits shall only be approved as a temporary use during hunting seasons as defined by the Florida Fish and Wildlife Conservation Commission.

2.

Fishing camps must be located within five hundred (500) feet of a lake, creek or canal identified on a current tax map.

3.

Hunting or fishing camps must contain a minimum of five (5) acres with two hundred (200) feet of lot width or be adjacent to a hunting preserve.

4.

An application for a Hunt Camp permit must include the following supporting documents:

a.

Description of property providing legal description and confirming acreage.

b.

Photograph of dwelling unit to be used on site (mobile home, motor home, recreational vehicle or cabin).

5.

If an RV is located on the property, documentation from authorized RV dealer or repair facility confirming that a self-contained sewage system is operable, or a copy of a septic tank permit from the Osceola County Environmental Health Department.

6.

Site plan showing access and distance from County or state maintained road.

7.

Applicant to sign affidavit recognizing that emergency services may not be available to the site and stating that the site will not be used for permanent housing.

8.

No property approved as a hunting or fishing camp will be eligible for homestead exemption unless otherwise identified as such.

H.

PACKING HOUSES. Packing Houses are permitted as indicated in the Use Tables subject to the following:

1.

All storage, except for motor vehicles, shall be within completely enclosed buildings or may be located outdoors if it is effectively screened by a "High" buffer with a solid wall or fence at least eight (8) feet high. Minimum site development area shall be ten thousand (10,000) square feet.

2.

Processing plants for non-meat products. Processing plants for non-meat products include the packing of citrus, vegetables and fruits for retail consumption. These plants are permitted as indicated in the Use Tables subject to the following standards:

a.

Access to the plant shall be on a paved avenue, arterial, or framework street.

b.

Loading areas shall be screened using a "High" buffer from adjacent properties.

3.

Processing plants for meat products. Within three hundred (300) feet of a residential zoning or residential future land use district, all business, servicing, processing and product display concerning packing a meat product shall take place within a completely enclosed building. Processing plants for meat products are intended for the packing of meat product for retail consumption. These plants are permitted as indicated in the Use Tables subject to the following standards:

a.

Access to the plant shall be on a paved avenue, arterial, or framework street.

b.

Loading areas shall be screened using a "High" buffer from adjacent properties.

c.

All packing, butchering and related operations shall be conducted within enclosed buildings.

d.

The operation shall meet all Federal and State of Florida requirements and qualify for all Federal, state and local health permits.

I.

SAWMILLS. Sawmills are permitted as indicated in the Use Tables subject to the following:

1.

Mill shall have access to a County maintained paved collector, boulevard, or framework street.

2.

Sawmills shall not operate between the hours of 6:00 p.m. to 8:00 a.m. in the ARE district.

3.

The burning of wood is prohibited.

4.

Operations shall be on five (5) acres or more.

5.

The operation shall be a minimum of one hundred fifty feet (150') from a residential property line.

6.

A dust control containment system shall be installed prior to active operations.

J.

SLAUGHTER HOUSES. Slaughter Houses are permitted as indicated in the Use Tables subject to the following:

1.

All slaughtering, butchering and related operations shall be conducted within enclosed buildings.

2.

All offal shall be stored in water tight and odor tight containers.

3.

The operation shall meet all Federal and State of Florida requirements and qualify for all Federal, state and local health permits.

4.

All animal holding areas shall be located a minimum of one thousand, three hundred twenty (1,320) feet from any residential development or zoning district developed to or permitting a density of five (5) units per acre or greater; a minimum of five hundred (500) feet from any dwelling unit existing on adjacent property developed at less than two (2) units per acre at the time of the development or expansion of the use; and a minimum of three hundred (300) feet from any property line.

K.

TRANSFER OF DEVELOPMENT RIGHTS. Transfer of Development Rights (TDR) are permitted for lands as outlined in herein.

1.

Calculations for the TDR sending sites shall be calculated as follows:

a.

Base TDR Credit. A base TDR credit shall have a ratio of one (1) Base TDR Credit per two point five (2.5) acres of land determined as credit land. This Base TDR Credit applies to all properties as determined eligible in the Sending Areas. The allowable TDR credits that a TDR Sending Site may transfer to a TDR Receiving Site shall be determined eligible by multiplying the applicable TDR Credits to the acres of developable land after retained development rights, if any, have been deducted. Fractions of Base TDR Credits that result from calculations in this Section shall not be included in the final determination of Total TDR Credits available for transfer.

b.

Agricultural Preservation. In order to preserve agricultural land and enhance the ability to produce agricultural product, for every twenty (20) years that a TDR sending site has been maintained in continuous bona fide agricultural use, those lands may re-list their credits with County as if it were a new application.

c.

Multipliers. The following multipliers from the categories one (i) through (iii) below may be applied to the base TDR for each applicable unit. For categories with multiple options, multiple options may be applied per parcel. All calculations shall be added to the Base TDR Credits as calculated from the property's eligible TDR Sending Credits.

i.

Agriculture Multipliers. Continuous bona fide agricultural use shall be determined by the definition used by Florida Statutes in determining agricultural exemption. Base TDR Credits may be increased on TDR Sending Sites below for continuous bona fide agricultural uses as follows:

After ten (10) years that a TDR Sending Site has been maintained in continuous bona fide agricultural use, an additional one-half (0.5) TDR credits per Base TDR Credit can be applied.

ii.

Military Influence. A Sending Site within a Military Operations Area/Military Blast Zone (MOA/MBZ) area shall be eligible for increased TDR credits. A multiplier of one-half (0.5) TDR credits may be applied in addition to the Base TDR Credits.

iii.

Historic and/or Cultural Multiplier. For TDR Sending Sites within the Historic/Cultural Sending Area in unincorporated Osceola County designated on the National Register of Historic Places or by the Comprehensive Plan, local ordinance, or resolution as a significant cultural or historic property to meet the requirements of the Comprehensive Plan, an additional one-half (0.5) TDR credits per Base TDR Credits may be applied.

2.

Calculations for the TDR receiving sites shall be calculated as follows:

a.

The number of residential units on a Receiving Site within the Urban Infill area of the Urban Growth Boundary (UGB) may be increased or decreased above or below that allowed by its future land use designation through the purchase and utilization of TDR credits.

i.

Increasing Density. New development or redevelopment beyond the maximum density of dwelling units per acre designated may increase to a maximum of one hundred fifty (150) percent of the established maximum dwelling units per acre. This increase in density shall only occur through the use of TDR credits acquired from Sending Areas at a rate of one (1) TDR credit per every dwelling unit above the allowable units based on the maximum density.

ii.

Decreasing Density. Development below the minimum net density of dwelling units per acre designated may only decrease to seventy-five (75) percent of the established minimum dwelling units per acre. This decrease in density shall only occur through the use of TDR credits acquired from the Sending Areas at a rate of two (2) TDR credits per every one (1) dwelling unit/acre decrease.

b.

The number of residential units on a Receiving Site within the Urban Expansion area of the Urban Growth Boundary (UGB) may be increased or decreased above or below that allowed by its future land use designation through the purchase and utilization of TDR credits.

i.

Increasing Density. New development or redevelopment beyond the maximum density of dwelling units per acre designated may increase to one hundred seventy-five (175) percent of the established maximum dwelling units per acre. This increase in density shall only occur through the use of TDR credits acquired from Sending Areas at a rate of one (1) TDR credit per every dwelling unit above the allowable units based on the maximum density.

ii.

Decreasing Density. Development below the minimum net density of dwelling units per acre designated may only decrease to eighty (80) percent of the established minimum dwelling units per acre. This decrease in density shall only occur through the use of TDR credits acquired from the Sending Areas at a rate of three (3) TDR credits per every one (1) dwelling unit decrease.

L.

WASTE RELATED SERVICES (INCLUDING BIOSOLIDS TREATMENT FACILITIES). Biosolids Treatment Facilities, and also including but not limited to composting facilities, and other waste related uses shall be permitted as indicated in the Use Tables subject to the following:

1.

Biosolids Treatment Facilities and other waste-related uses shall meet all relevant Federal and state regulations. The minimum standards shall be pursuant to the Florida Administrative Code (FAC), as amended, and as authorized and monitored by the Health Department and the Florida Department of Environmental Protection.

2.

The owner, owner's authorized agent and/or operator of the Biosolids Treatment Facility shall be responsible for using site management practices pursuant to the FAC.

3.

Buffer/setback requirements shall be as provided in the FAC, as amended, with the following additional requirements: any portion of the proposed facility shall be located not less than one thousand five hundred (1,500) feet from any occupied building (except for occupied buildings in the proposed facility) or well, five hundred (500) feet from any property line associated with an existing residential home on adjacent property, water body or wetland, and/or two hundred fifty (250) feet from any non-residential property line.

4.

The Biosolids Treatment Facility or other waste-related use areas shall have direct paved access in fee simple or by private ingress/egress easement to an avenue or boulevard or other adequate access surface and/or design if approved by the County Manager.

5.

For any activity in the AC zoning district, the following additional minimum standards shall apply:

a.

Any activity shall be ancillary to the primary agricultural use.

b.

The owner, applicant and/or owner's authorized agent shall provide operational plan confirming hours of operation, sources of any imported residuals, haul routes, number of trucks entering and exiting the property, and practices for demonstrating compliance with minimum standards, with particular attention to odors, noise, water quality and airborne pathogens.

c.

All activities related to the Biosolids Treatment Facility, including any imported raw materials, processing of partially treated and fully treated materials, and storage, must be conducted inside an enclosed building (building or structure must have a roof and four (4) walls, which fully enclose the interior of the building from the floor to the ceiling, except for doors or mechanical ventilation systems in compliance with this Code) with an impervious floor and system for preventing leachate from leaking into the soils (e.g., approved liner beneath concrete, etc.) and groundwater beneath or surrounding the building. A Biosolids Treatment Facility incorporating a static aerobic pile and/or windrow method of treatment where there is no turning or disturbance within thirty (30) days after initial placement of the compost/biosolid piles or windrows and continuing throughout the active compost phase will be exempt from the requirements of conducting the treatment process inside an enclosed building, but shall be required to provide an impervious surface (e.g., i. synthetic liner such as non-woven PVC, polyethylene, or polypropylene under rigid pavement wearing surface, or ii. natural clay or bentonite clay liner under flexible pavement) for the treatment area and system for preventing leachate from leaking into the soils and groundwater beneath or surrounding the treatment area. The wearing surface must have a minimum structural number of a local street for flexible pavement or minimum thickness for a local street for rigid pavement provided for in the Land Development Code. The liner and impervious wearing surface shall be designed by a Florida Registered Professional Engineer to support pavement loads and protect approved liner from damage.

d.

Any proposed building, surface, or structure to be used for the Biosolids Treatment Facility or other waste related services that is located within the 100-year floodplain shall be constructed at least one (1) foot above the base flood elevation.

e.

The owner, applicant and/or owner's authorized agent shall obtain Site Development Permit, Building Permit, as well as permits from all other entities as required by state, federal and local law, in compliance with approved Conditional Use petition, including any conditions of approval.

f.

The owner, applicant and/or owner's authorized agent shall provide annual monitoring report to the County Manager in order to document compliance with Conditional Use approval, which shall include testing results (public drinking water standards plus lead and nitrates) from Health Department of any existing wells within a one-half (½) mile radius of Biosolids Treatment Facility.

6.

Any application for Federal or State approval, and applications for modification to an approved permit, shall be submitted to the County Manager within three (3) business days of submittal to the applicable agency.

7.

If at any time an approved Biosolids Treatment Facility or other waste related use is deemed to be non-compliant with its Conditional Use approval, including any FAC requirements, the County Manager may suspend the approval until such time as the activity is brought into compliance or revoke the approval, as deemed appropriate. County personnel may access the property to ensure compliance, with reasonable notification to the property owner, applicant and/or owner's authorized agent. This does not prevent the County from enforcing its regulations in any other means deemed consistent with this Code and applicable regulations.

M.

WATER BODIES FOR THE PROPAGATION OF MARINE FOODS. Water bodies for the propagation of fish for personal consumption is permitted as indicated in the Use Tables and subject to requirements of the Florida Fish and Wildlife Conservation Commission and the Florida Administrative Code.

(Ord. No. 2022-125, § 3, 2-20-2023; Ord. No. 2024-40, § 1, 7-15-2024)

Items listed in the Residential Use Category of the Use Tables that are permitted but may be subject to the following siting standards within the zoning districts.

A.

ACCESSORY LIVING UNIT/GUEST HOME/TEMPORARY RESIDENCE. Accessory living units (ALUs) are permitted to be rented out only if the primary structure has a homestead exemption and, in this instance, shall only be rented out for long-term (not intended for short-term rentals) time periods. Attached or detached housing which does not meet the below criteria is subject to density requirements. Otherwise, accessory living units/guest homes or temporary residences are permitted as indicated in the Use Tables, subject to the following:

1.

Accessory Living Unit or Guest Home.

a.

All applications for guest homes or accessory living units shall provide architectural drawings of the proposed structure and photographs showing the complete front façade of the existing single family home. In addition, all development plans shall provide a property survey performed by a Florida registered land surveyor. The survey must show lot area and location of all existing and proposed structures.

b.

All such dwelling units shall be on a conforming lot, with a minimum lot area as prescribed in these regulations or agreed to under a PD zoning application and shall meet all other applicable building setback requirements unless otherwise exempted by this Code. No more than one accessory living unit or guest home shall be permitted per conforming lot.

c.

Maximum air-conditioned square footage shall be the lesser of the measurements shown in Table 3.6.1a.

d.

Accessory living units, or guest homes shall be architecturally compatible with the primary residential structure.

e.

Accessory living units may be either attached to the primary residential structure or detached from the primary residential structure.

2.

Temporary Residence. Deviations from the siting standards for a temporary residence, including the use of a recreational vehicle as such, must be approved as a variance by the Board of Adjustment. Manufactured homes and mobile homes are approved as a temporary residence and shall comply with the following standards.

a.

Shall be located a minimum of fifteen (15) feet from the principal dwelling.

b.

Manufactured homes shall be skirted.

c.

The setback requirements of the zoning district shall be met.

d.

A building permit must be issued for the setup of the temporary residence.

e.

For a temporary residence while constructing a principal single family residence or while repairing a principal single family residence damaged by fire, flood, hurricane or other catastrophes to the extent the principal single family residence is no longer able to be occupied, the following standards shall apply:

i.

Requires the issuance of a building permit for the principal single family dwelling. The required site plan shall show the location, size and description of the temporary residence.

ii.

Shall be approved for one (1) year or until the remodeling is complete, whichever is the shorter period, with a maximum extension of one (1) additional year. The temporary residence shall be removed from the property within thirty (30) days upon issuance of the Certificate of Occupancy for the principal single family dwelling, regardless of the approval time period.

f.

Temporary residence as a security residence within agricultural, commercial, institutional or industrial zoning district.

i.

The applicant shall provide evidence that a security residence, as opposed to use of periodic security patrols, is necessary to protect the property.

ii.

A security residence shall not be transferred to another owner or lease of the property unless the identical conditions exist and all site conditions remain the same.

iii.

Shall be approved for one (1) year and may be renewed upon application.

g.

Temporary residence for a medical hardship.

i.

The applicant shall provide proof, in the form of a letter from an attending physician that a medical hardship exists which requires that the infirm resident have continuous supervision.

ii.

Shall be approved for one (1) year and may be renewed upon re-application without limitation. If for any reason the infirm resident ceases to reside in the principal dwelling or the temporary residence, the applicant shall notify the Planning and Zoning Office and remove the temporary residence from the property within thirty (30) days upon notification.

B.

ANCILLARY USES/STRUCTURES INCIDENTAL TO THE PRIMARY STRUCTURE. Uses/structures to be considered ancillary are permitted as indicated in the Use Tables. Uses/structures include but are not limited to: canopies, pools, screen rooms, covered patios, bonus room, rumpus room, garages, storage/tool sheds, work rooms, skateboard ramps, sport courts, playing fields, and boat houses. Ancillary structures shall meet the ancillary structure yard setback requirements listed below, or if not listed below, of the district in which they are located. Similar ancillary uses/structures may be permitted upon approval by the County Manager. Specific uses as outlined shall be subject to the following standards:

1.

Skateboard Ramps Located in a Residential District.

a.

Shall be located on lots that have a minimum size of seven thousand five hundred (7,500) square feet.

b.

Shall comply with setback and height requirements for the principal structure, but in no case shall the ramp be located forward of the front building line.

c.

Ramps shall be screened from adjacent properties by a solid opaque fence or wall not less than six (6) feet in height.

d.

A building permit is required for the ramp structure.

e.

Ramps shall not be lit.

2.

Motor Course for ATV, Dune Buggy or Similar Off Road Vehicles.

a.

Shall be located on lots no less than two (2) acres in size.

b.

Shall be screened from adjacent properties by a solid opaque fence or wall not less than six (6) feet in height.

c.

Shall have no exterior site lighting.

3.

Storage Buildings and/Tool Sheds.

a.

An accessory storage shed, less than two hundred fifty (250) square feet and ten (10) feet in height, may occupy required side yards and rear yards, but shall not occupy required front yard unless otherwise provided for herein. An accessory storage shed greater than two hundred fifty (250) square feet shall not be located closer than as indicated in the zoning district standards for which it is placed to the side or rear property line. No accessory storage shed shall be located within a recorded easement.

b.

For lots having street frontage (double frontage) along both front and rear yards, accessory storage sheds shall be located in the yard which functions as the rear yard.

c.

Must be accessory and incidental to the principal dwelling or principal use.

d.

Vehicles, mobile homes, recreational vehicles, tractor trailers, cargo containers, temporary storage units or other structures not designed or constructed for this use shall be prohibited.

4.

Pools/Enclosures.

a.

Fencing shall be in accordance with the Standard Building Code.

b.

Enclosure.

i.

Screen mesh enclosures with or without a solid roof shall not be located closer than five (5) feet to the side or rear lot line. No screen mesh enclosure shall be permitted within a recorded utility easement.

c.

Required Placement. A private pool may occupy required side and rear yards, but shall not occupy required front yards unless otherwise provided for herein. A private pool and decking shall not be located closer than five (5) feet to the side or rear property line. No pool shall be located within a recorded easement.

i.

Corner lots shall require pools and their surrounding decking to be located in the rear yard. However, pools, decking and screen enclosures may be located within the side yard, provided the pool, decking and screen enclosure maintain the principal structure side yard setback required for the residential or commercial building.

ii.

For lots having street frontage (double frontage) along both front and rear yards, pools and their surrounding decking shall be located in the yard which functions as the rear yard, provided the pool is screened from the rear street by a fence, wall or hedge having a minimum six (6) feet of vertical height running along entire length of rear street property line.

iii.

Pools may be located within a front yard when authorized as a variance by the Board of Adjustment, provided the pool is enclosed by an architecturally finished wall.

5.

Sport Courts and Playing Fields, When Located in or Adjacent to a Residential District.

a.

All courts and playing fields shall meet the ancillary structure yard requirements of the district in which they are located.

b.

All outdoor lighting shall be cutoff and shall not shine directly onto adjacent properties.

6.

Pier, Dock or Boathouse. Are permitted as ancillary structures in residential districts and must meet the interior side setbacks for the principal structure.

C.

COMMUNITY RESIDENTIAL HOME. Community Residential Homes are permitted as indicated in the Use Tables subject to the following:

1.

The requirements and standards of the Florida Statutes shall be met. Community residential homes shall not be located as to result in a concentration of community residential homes. Number of residents shall be based on the maximum capacity of the facility.

2.

Community Residential Home A. Homes that otherwise meet the definition of a community residential home shall have no more than six (6) residents and shall be deemed a single family unit for the purposes of this Code. This home, if licensed through the State, shall be a permitted use as indicated in the Use Tables and does not require approval from the County. The home does require the sponsoring agency to notify the County of its existence.

3.

Community Residential Home B. This home shall have between seven (7) and fourteen (14) residents. The location of a community residential home "B" will be in accordance with State Law. Notification requirements of the sponsoring agency are found in Florida Statutes. The facility shall be designed and built in a similar fashion to a single-family home, a single-family townhouse, or a low density garden apartment. The facility shall meet all other provisions of this Code.

D.

DORMITORY, FRATERNITY, SORORITY, STUDENT HOUSING. Dormitory, Fraternity, Sorority or student housing is permitted as indicated on the Use Tables subject to the following standards:

1.

The house shall have a minimum of sixty (60) square feet per occupant.

2.

The house shall provide a minimum of one and one-quarter (1.25) parking spaces for each sleeping room provided.

3.

The house shall provide a "Medium" buffer as outlined herein, on sides and rear of property.

4.

Projects must be located within one (1) mile of the institution which the housing supports; authorization from an accredited educational institution shall be required.

E.

HOME OCCUPATION. A Home Occupation is permitted as indicated in the Use Tables subject to the following:

1.

The County Manager may authorize the operation of a Home Occupation only by approving an owner's/operator's affidavit, on the form approved by the County, which declares an owner's/operator's statement of compliance with all provisions of this section.

2.

A Home Occupation shall include, but not be limited to, the following businesses: domestic crafts, such as sewing, tailoring, washing and ironing, real estate services, bookkeeping, tax preparation, computer input or computer consulting services, telemarketing services, short-term rental property management office, medical transcription, beautician, mail order, internet/web based operations, contractor (office only), interior decorator/designer, products of homemade crafts (such as writer, painter, composer, etc.), private tutoring and instruction (limited to three pupils at any one time), and professional services.

3.

No person shall be employed other than members of the immediate family, all of which must reside on the premises.

4.

The use of the dwelling unit for the Home Occupation shall be clearly incidental and subordinate to its use for residential purposes. Not more than twenty-five (25) percent of the air conditioned floor area of the dwelling unit shall be used in the conduct of the Home Occupation and no more than twenty-five (25) square feet of merchandise may be stored, except for properties that are located within an Agricultural Development and Conservation (AC) zoning district that meet the minimum lot area and lot width requirements. No outside display or storage is permitted, except for properties that are located within an Agricultural Development and Conservation (AC) zoning district that meet the minimum lot area requirements.

5.

A Home Occupation within an Agricultural Development and Conservation (AC) zoning district that is located on a property that meets the minimum lot area and lot width requirements may store merchandise, equipment, vehicles and/or supplies on site when stored within the confines of a totally enclosed building that has been permitted through a building permit.

a.

The building is not limited in size but shall meet the minimum setbacks of the AC zoning district for a single family dwelling.

b.

The building shall be placed a minimum of five (5) feet behind the front entry of the principal dwelling. On properties that front more than one roadway, the building shall be placed a minimum of five (5) feet further from the property line along the roadway than the principal dwelling. The building shall at no time be closer to a roadway than the principal dwelling.

c.

Multiple buildings may be used for storage.

d.

No repair or maintenance of merchandise, equipment, vehicles and/or supplies is authorized on the property.

e.

All other criteria as defined in this section for Home Occupation shall be met within the AC zoning district.

6.

In addition to the above standard, a Home Occupation within an Agricultural Development and Conservation (AC) zoning district that is located on a property that is forty (40) acres or larger may also store merchandise, equipment, vehicles and/or supplies in an outdoor storage area.

a.

Sites located within the Urban Growth Boundary (UGB) shall provide a "High" buffer around the outdoor storage area as defined in Chapter 4 of these regulations.

b.

Sites located outside the Urban Growth Boundary (UGB) shall provide a "Medium" buffer around the outdoor storage area as defined in Chapter 4 of these regulations.

c.

An application for Home Occupation with outdoor storage area shall include a site plan showing the outdoor storage area and location and dimensions of the buffer.

7.

There shall be no change in the outside appearance of the building or premises as a result of such occupation, with the exception of an unlighted sign or nameplate. The sign or combination of signs shall be limited to not more than two (2) square feet in area, attached to and not projecting from the building.

8.

A Home Occupation may be conducted in any accessory building, provided the building is incidental to and subordinate to the primary residential structure except for properties that are located within an Agricultural Development and Conservation (AC) zoning district that meet the minimum lot area and lot width requirements.

9.

Mechanical equipment shall not be used on the premises, except such that is normally used for purely domestic or household purposes, nor shall it create levels of noise, vibration, glare, flumes, odors or electrical interference detectable to the normal senses outside the dwelling unit in excess of that normally associated with household use. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage in excess of that normally associated with household use.

10.

No products other than that produced on site may be sold on site. This does not preclude taking orders for sales or provision of services off-site.

11.

Traffic or parking demands to or from the residence shall not be generated by the residential use and Home Occupation in greater volume, frequency or type than ten vehicle trips per day, as defined by the Institute of Transportation Engineers (I.T.E.). Deliveries related to the home occupation shall not occur more frequently than twice per day, not including any deliveries made by the U.S. Postal Service. Parking demand shall be limited to a maximum of four (4) parking spaces on site.

12.

A Home Occupation shall not be interpreted to include activities such as, but not restricted to, auto repair and tune-up, general offices, clinics, physician's, dentist's and offices (except contractors) of the like, welding shops, animal hospitals, or kennels, catering or other food preparation businesses.

13.

Multiple Home Occupations shall not have a cumulative impact greater than the criteria for one occupation.

14.

A Home Occupation shall not be transferred to another owner or lessee of the property unless the identical conditions exist as to the specific occupation, number of persons operating the occupation, and all site conditions remain the same. Any transfer requires approval of the County, including a new application and affidavit as required herein.

15.

Home Occupation may be approved for up to one (1) year and must be renewed annually by making application to the County Manager. Upon filing a new application or renewing an application, the applicant shall sign an affidavit confirming compliance with the criteria contained in this section. If the applicant is not the property owner, a notarized letter of authorization for the business from the property owner shall be submitted at the time of application.

16.

A Home Occupation approval may be revoked by the County Manager upon any violation of these criteria, after written notice.

17.

Any denial or revocation of a Home Occupation may be appealed to the Board of Adjustment.

F.

MOBILE HOME/MANUFACTURED HOME AND RECREATIONAL VEHICLE PARK. Mobile Home, Manufactured Home and/or Recreational Vehicle Parks are permitted as indicated in the Use Tables subject to the following:

1.

The term parks in this chapter shall apply to sites designed to be rented for manufactured homes, mobile homes and Recreational Vehicles (RV), used as a permanent residence, as defined by the Florida Department of Motor Vehicles. A manufactured home, mobile home or RV shall hereinafter be referred to as a unit.

a.

It shall be unlawful for any person to construct, alter or extend any park within the unincorporated portions of Osceola County unless he or she holds a valid permit for the specific construction, alteration or extension proposed.

b.

Parks in existence prior to adoption of the Osceola County Zoning Regulations, February 22, 1972, and authorized by the Department of Health and Rehabilitative Services may continue to operate in accordance with requirements as governed by the Health Department standards and Florida Statutes. These parks will continue to be governed by the Health Department standards and regulations under which they were approved; however, stipulations of this Ordinance shall apply to new construction, alteration or expansion and may be required to correct substandard existing conditions.

c.

Any subsequent new construction or alteration that changes the basic design of existing lots and/or streets and any expansion of an existing park shall comply with the provisions of this Ordinance. Changes to the existing park, through involuntary action of the owner, shall not necessitate the drafting of a new plan to current standards of this Ordinance.

d.

Parks developed between February 22, 1972, and the date of adoption of this Code, may continue to operate in accordance with the Osceola County Zoning Regulations under which they were approved or the provisions of this Code.

2.

Approval of a park requires review and recommendation of a proposed site plan by Community Development Department's Development Review Committee.

3.

Site Preparation. The site shall be developed consistent with the standards on the proposed site development plan, other provisions of this Code, and the Osceola County Code of Ordinances.

4.

Development Standards.

a.

Access shall be from paved public rights-of-way and with suitable storm drainage. Recreational vehicle parks approved prior to March 26, 1970 are exempt from this requirement.

b.

A parcel containing not less than ten (10) acres of land shall be required for development (excluding wetlands). In the event the proposed site contains wetlands, the parcel must contain a minimum fifty (50) percent uplands.

c.

Individual lots, campsites or parcels within the park shall not be sold.

d.

All units shall be separated from park buildings and other units by a minimum of ten (10) feet. Accessory structures, including detached awnings, carports, and individual storage facilities, shall maintain a minimum of a ten (10) foot setback separation between any unit, like structure and/or park buildings. Attached awnings, carports and or individual storage facilities shall, for the purpose of maintaining required setbacks, be considered as part of the unit.

e.

All park buildings, units and accessory structures shall be set back from property lines abutting collector (avenue), arterial (boulevard), framework and local roads in accordance with Osceola County Ordinance 84-2, as amended by Ordinance 89-25.

f.

There shall be a minimum fifteen (15) foot setback between park boundary lines and all units, park buildings and/or accessory structures.

g.

There shall be a minimum distance of ten (10) feet between units, accessory structures or park buildings and the adjoining pavement of a park road or other common area.

h.

It shall be the responsibility of the park owner or manager to enforce setback requirements for the placement of any accessory structure or attachment to a unit within the park. All building permit applications shall be co-signed by the park management prior to submittal to the County to verify required setback.

5.

Park Buffers. The developer/owner shall provide and maintain a "High" buffer around the perimeter of the park to screen the development from adjacent properties and roadways. The buffer shall be in accordance with requirements of this Code. The requirements for a buffer may be waived by the County Manager where the development abuts a natural buffer area, such as rivers, lakes and marshes, which would effectively screen or separate the park from adjacent areas.

6.

Recreation Areas. All parks shall contain one (1) or more recreation area(s), which shall be easily accessible from all unit sites. Recreation areas shall be provided on the basis of a minimum of one hundred (100) square feet per unit site. Minimum size of recreation area in any park shall be two thousand five hundred (2,500) square feet.

7.

Internal street system. Safe and convenient access shall be provided from abutting park streets or roads to each unit lot.

a.

External public access to parks shall be designed to minimize congestion and hazards at the park's entrance or exit points. All traffic from internal streets shall enter or exit the park through approved entrance or exit points only. Direct external access from a unit lot to an abutting public street shall not be permitted.

b.

Each unit lot or campsite shall be designed so that automotive or RV parking, loading, or maneuvering (incidental to parking) shall not necessitate the use of any public street, sidewalk or right-of-way, or any private lots within the park or grounds that are not part of the park.

c.

All internal park roads shall be paved according to County standards.

8.

All park roads shall be lit and provide an average of 0.6 foot candle, with a minimum of 0.1 foot candle on all parts of the park road systems, and areas of hazard or intersections shall have a foot candle of 0.3.

9.

The size of the unit shall be governed by the size of the lot to be used so that all setbacks can be met. Units or accessory structures may not ingress setbacks.

10.

Accessory Structures. Accessory structures such as, but not limited to, permanent awnings, patio covers, carports, screen porches and or storage buildings shall be permitted only on designated permanent residency lots.

a.

Attachments may not exceed the length of the principal structure and must obtain building permits and be tied down, when required, in accordance with the building code requirements of the County.

b.

Attached awnings, patio covers, carports and screen porches shall be considered as part of the unit when measuring minimum setbacks between structures.

c.

Individual storage buildings may be placed next to the living unit, under a patio cover or awning or detached from the unit provided, if detached, it meets the setbacks from both the living unit and attachments and any surrounding structures or property lines.

11.

Parking. Parking for the park shall be provided as indicated in the Code. Parking on the park roadway system shall be prohibited.

12.

Pedestrian Systems. All parks shall provide safe, convenient, all-season pedestrian access. These facilities shall be of adequate width, and durable. All permanent resident spaces shall be connected to internal walks, streets, driveways or central parking areas.

13.

The park's water and sewer supply system shall be designed, constructed and maintained in accordance with the requirements of County codes and ordinances, the regulations of the County and State Health Department, pursuant to Florida Statute and other appropriate agencies.

14.

It shall be the responsibility of the management to collect and dispose of refuse in the park. The storage, collection and disposal shall be so managed as to create no health hazard, rodent harborage, insect-breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be conveniently located to the unit it serves. Containers shall be provided in sufficient number and capacity to properly store all refuse. Garbage shall be collected and disposed of as frequently as may be necessary to ensure that the containers shall not overflow.

15.

In addition to service buildings, watering stations and sanitary stations, other structures may be approved as part of the development review process. Such facilities may include:

a.

Management offices, maintenance buildings, owner or manager's residence;

b.

Swimming pools, recreation buildings or outdoor recreation facilities;

c.

Laundry facilities;

d.

Shops providing merchandise for the convenience of users.

16.

Responsibilities of the Park Management.

a.

The person to whom a permit for a park is issued shall operate the park in compliance with this Ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

b.

The park management shall give the County Manager or his designee free access to all lots, service buildings and other community service facilities for the purpose of inspection.

c.

The management shall maintain a register containing the name, address, current trailer tag and term of occupancy of all park occupants. Such register shall be available to any authorized person inspecting the park.

G.

MODEL HOME AND PRE-CONSTRUCTION SALES OFFICE.

1.

The model dwelling unit shall meet all district requirements for lot and yard dimensions.

2.

Model home and preconstruction sales office signs shall not be illuminated after 9:00 p.m. in residential districts.

3.

The model dwelling unit or pre-construction sales office shall not be used for any business activity later than 9:00 p.m. in residential districts.

4.

At least five (5) off-street parking spaces per development shall be provided, which may be mulched. One (1) of the spaces must meet ADA requirements.

5.

Model dwelling units may be erected or displayed in districts which exclude residential uses, provided that such models shall not be used for residential purposes, but only for display as a means to sell homes in districts in which they are permitted and provided that all other requirements of the district in which the model dwelling unit is erected shall be met. Unit must be repurposed or removed when the development has reached substantial completion.

6.

A model home shall be permitted in conjunction with an active lot sale development.

7.

A temporary structure may be used as a pre-construction sales office for the purpose of displaying a typical dwelling unit arrangement, subject to the following restrictions:

a.

The structure shall be landscaped in accordance with other provisions of this Code.

b.

The structure shall be subject to the same front yard requirements as the principal structure to be erected and shall otherwise be subject to all yard requirements for the district in which it is located.

c.

Signs shall be permitted only in accordance with other provisions of this Code for the specified use.

d.

The structure shall comply fully with all existing building codes and ordinances of the County.

e.

The structure shall be completely and totally removed within six (6) months from the date of issuance of the first building permit for, or upon the completion of, the permanent residential dwelling structure, whichever date is later.

H.

MULTIFAMILY AND ATTACHED UNITS WITHIN LOW DENSITY RESIDENTIAL DISTRICTS. Up to six (6) units on a single lot that have the appearance of a medium to large single family home or duplex of up to five thousand (5,000) gross square feet and appropriately scaled to fit within single family neighborhoods. Cottage or bungalow courts are limited to six (6) per lot and shall only be permitted when integrated within a subdivision plan for new development. Parking lots are not permitted in front of the building façade which faces a public street. A buffer is not required between multifamily and single family structures within the LDR district.

I.

NURSING HOME OR ASSISTED LIVING. Nursing homes, Assisted living or Life Care treatment facilities and similar uses shall be permitted as indicated in the Use Tables subject to the following:

1.

Number of residents shall be based on the maximum capacity of the facility.

2.

Each facility shall provide adequate parking in accordance with other provisions of this Code.

3.

All life care treatment facilities shall have direct access to a paved and dedicated public street.

4.

Buffers and screening shall be as required in accordance with other provisions of this Code.

J.

SEASONAL SALES LOT. A seasonal sales lot permit is permitted in all zoning districts subject to the following siting standards:

1.

The permit may be granted for up to forty-five (45) days during official Federal holiday seasons.

2.

Products shall not be located in any right-of-way.

3.

All parking shall be on-site.

4.

The location of products on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.

5.

Sales shall be limited to between the hours of 7:00 a.m. and 11:00 p.m.

6.

All trash and debris shall be removed when use permit expires.

7.

Written consent from the owner or authorized agent of the property shall be provided.

8.

A recreational vehicle may be used for security, provided it has all applicable permits.

9.

Signage and tents shall be in accordance with other provisions of this Code.

10.

Products remaining after the holiday shall be removed from the premises no later than seven (7) days after the holiday.

K.

SHORT TERM RENTAL. Short Term Rental is permitted in the Planned Development zoning district subject to the standards outlined for a Planned Development contained herein. The proposed developments must fall within the boundaries of the "Short Term Rental Overlay" as indicated in Exhibit 3.6.

L.

VEHICLE REPAIR IN RESIDENTIAL DISTRICTS.

1.

Only minor repairs and maintenance in residential districts may be undertaken on privately registered vehicles owned by the resident of the lot and having current State of Florida license plates, or motor vehicles designated by the State of Florida as qualifying for an antique or horseless carriage designation. For purposes of this section, activities are limited to the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil; the replacement of spark plugs and ignition points; the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines, provided all repairs are completed within seven (7) days of commencement.

2.

Any other repairs on the motor vehicle or automobile shall be restricted to a totally enclosed building and only on privately registered vehicles owned by the resident of the lot and having current State of Florida license plates, or motor vehicles designated by the State of Florida as qualifying for an antique or horseless carriage designation.

3.

The automobile or motor vehicles referred to in this Section shall be licensed and registered to the resident of the address at which the limited repairs and maintenance or other repairs are to be performed. Repairs and maintenance shall not be performed on more than two (2) vehicles at a time.

(Ord. No. 2020-73, § 2, 12-14-2020; Ord. No. 2025-10, § 4, 3-17-2025)

Items listed in the Institutional Use Category of the Use Tables that are permitted but may be subject to siting standards within the zoning districts.

A.

AIRPORTS. Airports are permitted as indicated in the Use Tables.

B.

AIRCRAFT LANDING FIELDS. Aircraft landing fields are permitted as indicated in the Use Tables subject to the following:

1.

Aircraft landing fields and aircraft operations shall meet all relevant Federal and State regulations.

2.

Aircraft landing fields proposed within a Military Operations Area (MOA) and/or Restricted Airspace shall require notice to the Avon Park Air Force Range (APAFR) Commander, and shall provide demonstration of compatibility with the applicable MOA and/or Restricted Airspace.

3.

Approval of said aircraft landing field shall not significantly limit or prohibit operation of existing or approved airports, aircraft landing fields or ultra-light flight parks.

4.

Aircraft landing fields shall be classed according to landing field capabilities and intended uses as outlined below.

Class I

5.

Privately-owned landing field which meets minimum physical standards for use by small aircraft, and used primarily by licensee for personal use, and not open to public.

a.

Runway dimensions shall be no greater than one thousand, eight hundred (1,800) feet in length.

b.

A maximum of five (5) aircraft shall be based at the landing field at any one time. This number includes aircraft to be stored at the facility.

c.

Primary surface of runway, hangars and repair buildings shall be set back at least one hundred fifty (150) feet from perimeter property boundaries. All other structures shall be set back at least fifty (50) feet from perimeter property boundaries.

d.

Flight operations shall be restricted to V.F.R. (Visual Flight Rules) weather conditions.

Class II

6.

Privately or publicly-owned landing field which meets minimum standards for use by small aircraft and which is open for use by the public are permitted within the AC district subject to the following:

a.

Runway dimensions shall be no greater than three thousand, two hundred (3,200) feet in length.

b.

Primary surface of runway, hangars and repair buildings shall be set back at least two hundred (200) feet from property boundaries. All other structures shall be set back at least seventy-five (75) feet from perimeter property boundaries.

c.

Flight operations shall be restricted to V.F.R. weather conditions.

Class III

7.

Privately or publicly-owned landing field which has a runway in excess of three thousand, two hundred (3,200) feet in length, which has no published instrument approach procedure and which is open for use by the public shall only be permitted in conjunction with a planned development.

a.

Primary surface of runway, hangars and repair buildings shall be set back at least two hundred fifty (250) feet from perimeter property boundaries. All other structures shall be set back at least seventy-five (75) feet from perimeter property boundaries.

b.

Operations shall be restricted to V.F.R. weather conditions unless a specific variance is otherwise granted.

Class IV

8.

Public use landing field which has a published instrument approach procedure shall only be permitted within a planned development.

C.

BROADCASTING TOWERS/CELL TOWERS. See Communication Towers.

D.

BUS OR TRAIN STATIONS.

1.

A station comprises site access, parking (multi-modal access), transition plaza, platform (concourse), tracks and all appurtenances necessary to provide for the public safety, protection from the elements and public information. Multi-modal functions are defined as train, bus, automobile, bike and pedestrian means of travel to the station. The stations shall:

a.

Provide a safe, efficient and convenient configuration for inter-modal transfer at the station.

b.

Provide clear and easily understood transit information that can be referenced quickly and that minimizes disorientation.

c.

Develop operational efficiencies that simplify modal interchange and passenger processing.

d.

Minimize congestion at crossings of inter-modal functions.

2.

Architectural components are encouraged to:

a.

Create a civic identity that is indicative of the heritage and character of Osceola County.

b.

Protect transit passenger from adverse weather conditions, including sun and vehicular traffic.

c.

Provide seating at the shelter and other protected locations on the platform.

d.

Make transit a safe, secure, friendly and enjoyable experience and accessible to all, including the disabled.

e.

Develop systems that use maintainable materials and minimize life-cycle costs.

f.

Provide an architectural and urban form that defines and encourages joint development opportunities.

3.

Station development shall:

a.

Protect, maintain and enhance existing qualities which are valued.

b.

Promote desirable Transit Oriented Development.

c.

Recognize emerging development that can complement station development and increase ridership.

d.

Initiate and coordinate programs with the community that limit local traffic impacts and minimize disruption during and after the implementation phase.

E.

CEMETERIES. Cemeteries are permitted as indicated in the Use Table subject to the following: All requirements of the Florida Statutes regarding the internment of the human dead shall be met. In addition, the following standards shall be met:

1.

A minimum lot size for the entire cemetery site shall be eighty-five thousand (85,000) square feet.

2.

There shall be adequate space within the site for the parking and maneuvering of funeral corteges, parking may be grass.

3.

No interment shall take place within thirty (30) feet of any adjoining lot line.

4.

All structures shall be set back a minimum of twenty-five (25) feet from any boundary line of the cemetery property.

5.

All structures over three (3) stories in height must be set back from any perimeter boundary line of the cemetery a minimum of thirty (30) feet.

F.

COMMUNICATION TOWERS. Communication Towers are permitted as indicated in the Use Table, subject to the following:

1.

Height. Outside the Urban Growth Boundary (UGB), communication towers shall have a maximum tower height of one thousand (1,000) feet. Inside the UGB, the maximum height shall not exceed two hundred (200) feet.

2.

Design. All towers and telecommunications facilities inside the UGB shall be designed as a "camouflaged" design that is appropriate with the surrounding environment. The actual type of camouflage of the tower is at the discretion of the applicant with County approval during the Site Development Plan stage. The design of the building and related structures shall, to the extent possible regardless of in or outside of the UGB, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. Outdoor storage is not permitted at a tower site.

3.

Within a Planned Development. Communication towers may be permitted within a planned development if the tower requested is being placed on commercial, industrial, or institutional lands within the PD.

4.

Fall Area. All towers shall be designed to fall within the boundaries of the parcel on which the tower is located. The applicant will provide a certified "fall zone" letter or tower design and certification drawing(s) stating same, to be provided at the time of building permit review. All towers shall be designed and certified by an engineer registered by the State of Florida. The Design and certification must establish that the tower is structurally sound and in conformance with the requirements of the County's adopted building and electric codes and all other applicable construction standards, as well as federal and state law. This certification shall be required at the time of building permit review.

5.

Finished Color. Communication towers and associated communication antennas that are not classified as camouflaged and not requiring FAA painting/marking shall have either a galvanized finish or be painted a non-contrasting blue or gray finish. The color should be selected so as to minimize the equipment's visibility. Compliance with these requirements does not mean that the tower is a camouflaged communication tower.

6.

Illumination. All communication towers, within the Urban Growth Boundary, a Military Operations Area (MOA), and/or Restricted Airspace, shall have lighting consistent with the U.S. DOT/FAA Advisory Circular "Obstruction Marking and Lighting."

7.

Landscaping. Landscaping and buffering of the equipment compound shall be considered an "Industrial Use" and provide a buffer as outlined herein located on the outside of the wall or fence provided to comply with the security barrier requirements. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a supplement for the landscaping and buffering requirements. Communication towers located within the Rural/Agricultural future land use are exempt from landscaping and buffering requirements.

8.

Screening. Communication antennas and structures on which the communication antennas are mounted and any associated communications equipment shall be screened from view from public rights-of-way and residentially zoned lots in conformance with standards contained herein. The antennas shall be of a non-reflective surface material.

9.

Abandonment. If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days, the County shall consider the site abandoned and the owner shall remove all tower structures from the premises.

10.

Clustering. Tower clustering is prohibited.

11.

Co-Location of Communication Antenna. New communication towers shall be engineered and constructed to accommodate the following, unless the applicant can demonstrate that such accommodation is not technologically, structurally, or cost feasible:

a.

A minimum of one (1) additional communication service provider for a total of two (2) or more providers (such as a personal wireless service provider) if the new communication tower extends less than seventy-five (75) feet above the ground.

b.

A minimum of two (2) additional communication service providers, for a total of three (3) or more providers if the new communication tower extends seventy-five (75) feet or more above the ground.

c.

If co-location is determined to be feasible, verification from an engineer registered by the State of Florida shall be submitted which demonstrates that the communication tower is designed to accommodate the required number of service providers.

12.

Co-Location on Existing Towers. If there is an existing permitted tower in the area that allows for opportunity to co-locate; an existing communication tower may be modified or rebuilt to a taller height, not to exceed twenty (20) feet over the tower's existing height, to accommodate the co-location of additional communication antennas. The communication tower's pre-modification height shall be used to calculate such distance separation requirements as outlined herein. The modified or rebuilt tower height may not extend past the maximum height limit. An Administrative permit shall be required for the increase in height. An alteration of the total height may be requested one (1) time per site.

13.

Development Review Committee (DRC). The following shall be provided with the DRC application:

a.

Elevations of the proposed structures showing width, depth, and height of the telecommunications facility as well as the specifications of the antenna and support structure.

b.

Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.

c.

If co-location is determined to be feasible, verification from an engineer registered by the State of Florida shall be submitted which demonstrates that the communication tower is designed to accommodate the required number of service providers.

14.

Statement of Need. Proposed communications antennas may, and are encouraged to, co-locate onto existing communication towers or antenna support structures. Provided such co-location is accomplished in a manner consistent with this section, then such co-locations are permitted by right. Prior to approval of a proposed tower, the applicant shall identify all existing towers or antenna support structures within one-half (½) mile of the proposed tower and demonstrate that there is no option to co-locate on one (1) of those existing towers or antenna support structures. The communication tower's pre-modification height shall be used to calculate such distance separation requirements as outlined in Table 3-6 Communication Towers. Evidence submitted to demonstrate that no existing tower or antenna support structure can accommodate the applicant's proposed antenna must be submitted with the application and may consist of any of the following:

a.

No existing towers or antenna support structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or antenna support structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or antenna support structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

Co-location of the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or antenna support structure, or the antenna on the existing towers or antenna support structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or antenna support structure or to adapt an existing tower or antenna support structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

There is a significant gap or dead spot in cellular coverage, and there are no less intrusive means or alternative sites available to fill the service gap, such as Distributed Antenna Systems (DAS).

g.

The applicant demonstrates that there are other limiting factors that render existing towers and antenna support structures unsuitable.

15.

Exemption. Amateur radio operator antennas are exempt from the provisions of this Ordinance.

16.

Miscellaneous Communication Equipment Cabinet Requirements. Communication equipment cabinets must comply with all government health, fire, and safety requirements. Information shall be submitted indicating the types and amount of any flammable, explosive, or other hazardous materials expected to be located in these cabinets. The placement, size, or number of cabinets shall be indicated on the site plan. Any cabinets located on a building must be screened from view from public rights-of-way or camouflaged cabinets shall be less than eight (8) feet tall and camouflaged. Communication equipment cabinets shall not be located on buildings primarily used as a single family dwelling, duplex or triplex.

17.

Miscellaneous Communication Antenna Requirements. Communication antennas shall not be mounted on buildings primarily used as a single family dwelling, duplex, or triplex. Communication antennas mounted on communication towers should utilize the minimum visible area practical and should be mounted in a manner which minimizes the visual impacts on residential areas, public rights-of-way, recreational areas and navigable bodies of water. Communication antennas which are mounted on self-supporting structures other than communication towers and other communication facilities shall only be allowed as an accessory attachment to the structure and shall be designed to blend in with the functional design of the structure.

18.

Noninterference. All communication facilities and communication equipment shall be designed or operated in a manner which complies with Federal statutes, rules and regulations, including but not limited to Federal Communications Commission (FCC) regulations relating to radio frequency interference Compliance with this requirement must be demonstrated by the applicant by using written information prepared by a communications expert or by submitting suitable FCC information which verifies compliance.

19.

Public Safety Exemption. All government communication towers with public safety systems or equipment shall be exempted from the siting standards herein. Any such exemptions shall not be considered as precluding the co-location or other service providers. Any co-location on government communication towers, sites or government property by other than for public safety systems or equipment shall comply with the co-location standards and requirements herein.

20.

Security Barrier. Within the Urban Growth Boundary, each communication tower and communication equipment cabinet shall be surrounded by a masonry wall or visually similar to masonry of at least eight (8) feet high, with a locked security gate. Barbed wire, razor wire, or other similar wire shall not be permitted, unless mandated by law. The height of equipment within the compound shall not exceed eight (8) feet in height. Outside the Urban Growth Boundary, each communication tower and communication equipment cabinet shall be surrounded by a masonry wall or visually similar to masonry, chain-link fence or fencing material approved as part of the site development plan.

21.

Separation Requirements. as measured from the base of a communication tower to boundaries:

Note: Compliance with all separation requirements shall be demonstrated on the SDP.

The separation distance may be reduced if applicant obtains consent from majority of property owners of residential or AC zoned properties located within the current tower height separation distance (the affected property owners). The maximum reduction shall be equal to the fall zone of the tower but in no case shall be less than sixty-five feet (65'). Separation requirements may be waived, for owners of multiple parcels that are adjacent to each other.

22.

Signage. All property with towers must be reasonably posted and secured to protect against trespass. Each structure on which communication antennas are mounted shall be posted with signage warning the general public to stay away from the antennas. The antennas shall contain no advertising or signage of any type, other than governmentally required signage.

23.

Communication Towers Within Military Base Operations. New communication towers proposed within a Military Operations Area (MOA) and/or Restricted Airspace shall require notice to the Avon Park Air Force Range (APAFR) Commander, and shall provide demonstration of compatibility with the applicable MOA and/or Restricted Airspace. If any communication tower is proposed in Osceola County it shall meet the height standards outlined in the JLUS, which puts their maximum height at one hundred (100) feet below the floor of any MOA or restricted airspace, whichever is more restrictive. Height requested in excess of the maximum permitted shall be subject to FAA Determination of No Hazard to Navigation (Letter of authorization from FAA).

G.

CORRECTIONAL FACILITY. The facility shall comply with all applicable Federal, state and local requirements.

1.

Prisons shall adhere to the following development requirements:

a.

The minimum lot size shall be fifty (50) acres.

b.

Structures that contain facility occupants shall be located at least seven hundred fifty (750) feet from the adjacent lot perimeter boundary.

2.

Community Correction Facilities shall adhere to the following development requirements:

a.

The minimum lot size shall be five (5) acres.

b.

Structures that contain facility occupants shall be located at least one hundred fifty (150) feet from the adjacent lot perimeter boundary.

H.

CIVIC/MEMBERSHIP ORGANIZATIONS. See Houses of Worship/Civic Organizations below.

I.

EDUCATIONAL FACILITIES. See Public School Siting Standards.

J.

EDUCATIONAL FACILITIES—PRIVATE. Private Schools are permitted as indicated in the Use Tables and subject to the following:

1.

Shall be permitted in all zoning districts when accessory to the following permitted uses: Houses of Worship, social service agencies, health care facilities or community centers and other similar institutional uses.

2.

Parking shall be provided in accordance with the provisions of this Code.

3.

A pedestrian walkway shall be provided that connects to the external pedestrian system to the facility.

4.

The setback requirements of the zoning district shall be met.

5.

Shall provide a "Medium" buffer as outlined herein, on sides and rear of property.

6.

If a circular driveway is provided for pick-up/drop-off of children, the following shall be required in addition: A one-way direction paved circular driveway, twelve (12) feet in width with a minimum inside turning radius of twenty (20) feet, and an area a minimum of fifteen (15) feet from the designated discharge point where the children are picked up or dropped off. If fire regulations require the designation of a fire lane, then the width of the circular driveway shall be at least twenty (20) feet.

7.

If an outdoor recreation area for the students is provided within one hundred (100) feet of a residential zoning district:

a.

The use of the outdoor area shall be limited to between 7:00 a.m. and 7:00 p.m.

b.

The area shall be fenced.

c.

The recreation area shall comply with setback requirements for accessory structures.

8.

A school containing more than fifty (50) students shall have direct access to a avenue, boulevard, or framework street, as defined under the Osceola County Functional Classification System.

9.

All private schools shall be located on a paved, publicly maintained road. Properties separated from a paved, publicly-maintained road by a utility right-of-way shall be considered to be located on the publicly-maintained road for purposes of this section, provided proof of legal access across the utility right-of-way is provided.

10.

Schools with more than one hundred (100) students shall conduct a detailed traffic study addressing:

a.

Traffic impacts of the project;

b.

All traffic operations requirements of the County; and

c.

Specific recommendations for safe and adequate ingress and egress to and from the site.

d.

Applicants shall meet with Osceola County staff prior to commencing the study, and shall implement the agreed-upon methodology in conducting their study. Osceola County staff shall use best efforts to obtain data from municipalities and other local governments located in close proximity to the project. The owner of a development shall conduct a follow-up review and update of the aforementioned items [listed in] subparagraphs 10a, b, and c no later than five (5) years after the date of issuance of a certificate of occupancy for the development. The results of such review and update shall be submitted to Osceola County for use in evaluating traffic impacts of similar future developments.

e.

In order to ensure pedestrian safety and adequate traffic circulation, a private school development proposing to locate within one thousand (1,000) feet from the nearest property line of any public school shall submit a traffic and pedestrian safety plan for Osceola County's review and approval, unless a physical barrier, such as a water body, wetland, or limited access highway, separates the public school from the private school development, thereby preventing pedestrian access to the private school development from the public school. Such plan shall identify pedestrian safety conflicts and deficiencies; especially that related to walking routes to schools, and other pedestrian generators, such as parks or trails used by children and by children with disabilities. Specific measures shall be identified in the pedestrian safety plan to mitigate each conflict, and the private school applicant shall be solely responsible for implementing the identified measures no later than at the time of issuance by Osceola County of a certificate of occupancy.

f.

In order to maximize efficient traffic circulation and minimize "stacking" at the main vehicular entrance, private school developments with more than one hundred (100) students shall allow a minimum of two hundred (200) feet off the roadway before the first turn within the parking lot; except that a minimum of one hundred (100) feet is allowed if there is a right-hand deceleration lane. A minimum of one hundred (100) feet shall be required for all secondary entrances.

K.

HELIPORTS/HELICOPTER LANDING PADS. Heliports are permitted as indicated in the Use Tables, however, Institutional Districts are exempt from these standards, all other districts are subject to the following:

1.

Heliports shall meet all Federal, state and local regulations.

2.

Landing and take-off areas shall be located a minimum of one hundred fifty (150) feet from any lot boundary and a minimum of one thousand (1,000) feet from any dwelling unit or residentially zoned property.

3.

All storage and repair of the aircraft shall be conducted in an enclosed building.

4.

Hangars and repair facilities shall be set back at least one hundred fifty (150) feet from any lot boundary and all other buildings shall be set back at least fifty (50) feet from any lot boundary.

5.

Parking shall be in accordance with other provisions of this Code.

L.

HOUSES OF WORSHIP/CIVIC ORGANIZATIONS INCLUDING FRATERNAL ORGANIZATIONS. Houses of Worship and Civic Organizations are permitted as indicated on the Use Tables subject to the following:

1.

All principal and accessory buildings shall meet the required setbacks and other building standards for the zoning district.

2.

Buffering and screening shall be provided from adjacent land uses pursuant to the requirements for buffers as outlined in the Code.

3.

Parking areas for civic organizations and Houses of Worship within the residential districts shall be located to the side or rear of the principal building and shall be visually screened from the public rights-of-way.

4.

All civic organizations and Houses of Worship that require more than ten (10) parking spaces shall be located on a paved, publicly maintained avenue, boulevard, or framework street.

M.

LANDING STRIPS. See Aircraft landing strips.

N.

PET RESCUE. Pet rescue organizations are permitted as indicated in the Use Tables, subject to a site development plan review by the DRC and the following standards:

1.

The structure housing the animals shall be completely enclosed and designed to suppress noise. Noise from boarded animals at the property line shall be subject to the County noise regulations.

2.

The structure housing the animals and any outdoor areas allocated for use by such animals shall be located a minimum of twenty-five (25) feet from any property line in the commercial districts and one hundred (100) feet from any property line in the Agriculture district.

3.

Hours of operation, including times for feeding and use of outdoor areas by the animals, shall occur between 7:00 a.m. and 9:00 p.m.

4.

No facility shall accommodate more than fifty (50) of any single species or one hundred twenty-five (125) aggregate species at any one time unless the additional animals are approved by the Board of Adjustment.

5.

Any facility where the animals are boarded overnight shall be considered a private animal shelter and shall be subject to the standards outlined herein.

O.

SOUP KITCHEN AS AN ACCESSORY USE. Soup kitchens as an accessory use to a government building or facility, civic organization, house of worship or hospital are considered a permitted use subject to the following standards:

1.

The service capacity of an accessory soup kitchen shall not exceed the allowable capacity of the structure.

2.

The hours of operation for an accessory soup kitchen shall be limited to between 7:00 a.m. and 8:00 p.m. except in emergency periods such as extended cold weather or natural disaster.

P.

SUB-STATIONS. Utility sub-stations are permitted as indicated in the Use Tables subject to the following:

1.

The uses shall be restricted to water pumping stations, water treatment plants, telephone exchanges, transformer step-down locations, public safety and similar uses required to serve the needs of the surrounding residential, office and commercial districts.

2.

Noise abatement measures or increased setbacks shall be used to ensure that noise levels produced by the facility do not exceed ambient noise levels of the surrounding area as measured at the zoning lot boundary.

3.

The facility shall be adequately screened and buffered from adjoining land uses, which may be of a lower intensity. The facility shall be considered an Institutional Use. Buffers and screening shall be in accordance with the buffer criteria of this Code for new facilities. Expansions to existing facilities shall be screened and/or buffered so that the expanded facility does not have any greater impact on the adjacent properties than prior to the expansion.

Q.

UTILITY PLANTS.

1.

Wastewater Treatment Plant Type 1.

a.

Interim wastewater treatment plants under five hundred thousand (500,000) gallons per day (GPD).

b.

For Type 1 plants there shall be a distance requirement of one hundred fifty (150) feet from the plant to any off-site agriculturally or residentially zoned or used land or to any on-site platted lot or dwelling units.

2.

Wastewater Treatment Plant Type 2.

a.

Permanent wastewater treatment plants under five hundred thousand (500,000) GPD.

b.

For Type 2 plants there shall be a distance requirement of two hundred fifty (250) feet from the plant to any off-site agriculturally or residentially zoned or used land or to any on-site platted lot or dwelling unit.

3.

Wastewater Treatment Plant Type 3.

a.

Wastewater treatment plants of five hundred thousand (500,000) GPD or greater.

b.

For Type 3 plants there shall be a distance requirement of five hundred (500) feet from the plant to the project boundary. There shall be no platted lots or dwelling units within this distance requirement.

4.

Neighborhood Pump/Lift Stations. Serving less than three thousand (3,000) equivalent dwelling units (EDU): There shall be no minimum distance requirement for neighborhood pump/lift stations.

5.

Master Pump/Lift Stations. Serving three thousand (3,000) EDUs or greater. There shall be a distance requirement of fifty (50) feet from the master pump/lift station to the edge of the lot. Only non-residential or agricultural structures and parking may be located within the specified distance. There shall be a distance requirement of one hundred (100) feet from the pump/lift station to any surrounding residential structures or building envelopes. A waiver of distance requirements for wastewater treatment plants and facilities may be approved by the Board of County Commissioners in cases involving practical difficulties, unnecessary hardship, or superior alternatives. These difficulties, hardships, and alternatives, may include, but not be limited to adjacency to environmentally sensitive land, major rights-of-way or retention areas. The waiver request shall be heard using the procedure for conditional use. In instances where the distance requirements are modified, additional conditions of approval may be required.

6.

Wind Farms. Wind farms or wind turbines are permitted as indicated in the Use Table subject to the following:

a.

New wind farms proposed within a Military Operations Area (MOA) and/or Restricted Airspace shall be required to comply with the standards established by the Federal Aviation Administration and/or those recommended within the Osceola County JLUS 2012, as applicable. If any wind farms are proposed in Osceola County they shall meet the height standards outlined in the JLUS, which puts their maximum height at one hundred feet (100') below the floor of any MOA or restricted airspace, whichever is more restrictive. Height requested in excess of the maximum permitted shall be subject to FAA Determination of No Hazard to Navigation (Letter of authorization from FAA).

b.

All wind farms or wind turbines within a Military Operations Area (MOA), and/or Restricted Airspace, shall have marking and lighting consistent with the U.S. DOT/FAA Advisory Circular "Obstruction Marking and Lighting."

Commercial uses are permitted in zoning districts as listed in the Use Tables are permitted with special sighting standards as outlined below:

A.

BED AND BREAKFAST/BOARDING HOUSE LODGING. Bed-and-breakfast establishments are permitted as indicated in the Use Tables subject to the following standards:

1.

Parking shall be provided in accordance with the provisions of this Code.

2.

Buffering and screening shall be provided in accordance with the provisions of this Code.

3.

All bed and breakfast establishments shall meet all applicable state and local regulations.

4.

A boarding house and bed and breakfasts containing more than fifteen (15) residents shall have direct access to an avenue, boulevard, or Framework Street, as is defined under the Osceola County Functional Classification System.

5.

Where boarding houses and bed and breakfasts are located within two (2) lots, or one hundred (100) feet from the boundary of a single family residential zoning district of lesser density than permitted in the zoning district in which said boarding house is located, then said boarding house shall be in scale with the building located within two hundred (200) feet of said boarding house. Said boarding house shall not deviate by more than thirty (30) percent from the median scale of such neighboring buildings as determined by site volume ratio and total building volume.

B.

BIG BOX RETAIL/WHOLESALE STORES. Big box stores are classified as single-tenant-occupied, standalone stores larger than seventy thousand (70,000) square feet of gross floor area, which may include home improvement centers or membership warehouse clubs. Big box stores are permitted as indicated in the Use Tables. Big box stores within an Urban Infill Center must comply with the Urban Infill Centers Standards contained herein.

1.

Parking Lot/Structured Parking.

a.

Off-street parking shall be divided into multiple "sub-lots" through the use of uninterrupted (except at crosswalks) landscaped pedestrian sidewalk pathways. Pedestrian pathways shall connect the sidewalks along the big box structure to parking areas, perimeter right-of-way sidewalks, transit stops, and all outparcel sidewalks. Crosswalks for pedestrian pathways shall be made visually prominent by using an alternative paving material other than asphalt, such as stained and stamped concrete, or pavers.

b.

Parking lot pedestrian pathways shall be installed, at a minimum, between the head-to-head stalls of each fourth row of parking [e.g., may be separated by up to two (2) rows of parking stalls]. The pattern of parking lot pathways shall be arranged so that at least one (1) pathway aligns with and provides a direct connection between the project's right-of-way perimeter sidewalk and the main pedestrian entrance of the big box structure.

c.

Pedestrian pathways shall be a minimum of six (6) feet wide. A landscape planter strip, minimum seven (7) feet wide, shall be installed on at least one (1) side of the pathway along its full length (except at crosswalks). One-third (⅓) of the pathway landscape planter strip shall be planted with shrubs, and one-third (⅓) with ground cover.

d.

Shade shall be provided along the entire length of pedestrian pathways by planting canopy trees at a maximum of forty (40) feet on-center along the pathway. Shade structures (pergolas or gazebos) with seating may substitute for segments of the required pathway canopy tree plantings.

2.

Building Placement. Site layout shall meet one (1) of the following requirements:

a.

The primary street edge shall be defined by the big box structure's front entrance primary façade or side entrance secondary façade;

b.

Outparcels shall front a street edge, with windows and doors along the street and double-sided entrances accessible from the street and the parking area internal to the development; or

c.

A masonry or pre-cast knee wall a minimum of thirty-six (36) inches high (measured from the crown of the road) shall be constructed. Pre-cast knee walls shall incorporate a brick or stone veneer surface architecturally compatible with surface materials used on the principal structure. Pre-cast knee walls that feature only a smooth or stucco finish shall be prohibited.

Knee walls shall include, on the street side, columns or other architectural elements that project a minimum of six (6) inches from the face of adjacent wall segments. Columns or architectural elements shall be spaced no more than forty (40) feet on-center; shall extend above adjacent wall segments between six (6) and eighteen (18) inches; and shall incorporate a flared finial or cap component. Wall segments between elements shall incorporate a continuous, flared cap block (or widened top edge for pre-cast) feature along the entire segment. The masonry wall cap block shall project from the wall face a minimum of three (3) inches. Pre-formed and decorative patterns and indentations shall be incorporated on any pre-cast concrete wall segments. Such pre-cast pattern(s) shall coincide with the principal structure's architectural trim and finish.

3.

Façade Treatments and Building Design. The following façade design standards are intended to ensure that the large buildings typical of big box developments are designed at a human scale; provide visible, attractive, and efficient building entrances; and enhance the character of the building so as to be compatible with the surrounding area. Building elevations, which shall be submitted with a building permit application, must show the following elements. Alternative designs that are demonstrated to meet the intent of this section may be approved by the County Manager.

a.

Building façades shall include jogs to allow for bay windows, shop fronts, balconies, civic spaces, outdoor seating, etc. Such articulation is to encourage the appearance of multiple storefronts, in lieu of one (1) large big box storefront.

b.

The street side and front of the structure will include individually-peaked, forward-projecting, and vertically-oriented exterior architectural forms and features, façades, and rooflines. Such forms will express the individual components (e.g., garden, grocery, pharmacy) on the façade. Façades shall be treated as two-story or three-story structures and articulated as such with shutters, towers, window treatments, or other elements.

c.

The building entry shall maximize the use of pedestrian-scaled windows (avoiding extensive opaque surfaces) along the street-facing façade containing the primary customer entrance. Such primary customer entrance façades shall incorporate a minimum of twenty-five (25) percent transparency (windows). Transparency calculations may include the glass surfaces of the customer entrance window system itself. The area of required transparency shall be calculated by multiplying the structure's linear frontage by a height (above adjacent finished pavement grade) of twelve (12) feet.

d.

The building entry shall be defined with an overhead projecting portico, arcade, or colonnade to extend, at a minimum, over the twenty-five (25) percent transparency area.

e.

As an alternative to (c) and (d) above, street-facing façades shall include covered porticos, arcades, colonnades, or a combination thereof, along a minimum of sixty (60) percent of the façade's horizontal length.

f.

The roof plane of such porticos, arcades, or colonnades shall not extend horizontally for more than fifty (50) linear feet without the substantially and proportionately sized, interrupting vertical architectural forms referenced above. The face (fascia) of such vertical forms shall project upward a minimum of fifteen (15) feet above the horizontal fascia of the portico, arcade, or colonnade lying below. The highest point of the fascia, or gable, of such vertical projections shall extend upward to a point at least as high as the horizontal roof line (parapet edge) of the big box development's principal structure. Such vertical forms shall be a minimum of twenty (20) feet wide, as measured at the base of the gable.

g.

Porticos, arcades, or colonnades shall cover the customer sidewalk below, providing a minimum pedestrian clearance (clear width) of twelve (12) feet between the structure and the supporting columns.

h.

Façades that face an adjacent street, but do not include the primary customer entrance (i.e., a side-street façade), shall provide the above-referenced porticos, arcades, or colonnades, and associated individual roofline vertical projections, along at least forty (40) percent of the façade. Such requirement shall apply only to any segment of a side façade that does not incorporate a garden center decorative perimeter wall system as described in this subsection.

i.

When a garden center is placed along a street-facing façade, a garden center decorative perimeter wall system may be substituted for the porticos, colonnades, arcades, and vertical form required above. Such garden center decorative wall systems shall be constructed of columns (posts) at least thirty-six (36) inches wide [or thirty-six (36) inches in diameter], and spaced no more than twenty-five (25) feet on-center along the garden center's perimeter.

j.

Garden center wall exterior foundations shall adhere to building façade landscaping requirements.

k.

All garden center columns shall be connected across their top portions with a substantial cross member cap. Columns or column cap components may extend above the horizontal cross members up to twenty-four (24) inches. The cap will feature colors, finish, dimensions, proportions, and trim details that are architecturally consistent with adjacent supporting columns and the principal structure. No store merchandise may protrude above the cap.

l.

Garden center wall systems may infill the gaps between columns and the upper horizontal connecting cross members with decorative metal fencing materials (e.g., wrought iron-styled aluminum fencing). Chain link fencing material, including vinyl-clad or other coated fencing, is prohibited.

m.

Black fabric mesh, or similarly opaque and approved materials, shall be installed on the interior side of decorative metal fencing to visually screen any materials that may be stacked or stored inside the garden center decorative wall system.

n.

Conceptual building elevations shall be required with the SDP submittal.

4.

Shopping Cart Retention. Big box developments using shopping carts shall install and maintain a system to retain all shopping carts within property boundaries. Location, type of device, and other pertinent information shall be shown on the big box site development plan. Permitted retention methods may include the following:

a.

Shopping carts equipped with a wheel locking mechanism and anti-tilt bar used in conjunction with an electronic barrier along the perimeter of the area where shopping carts are allowed. The wheel locking mechanism shall activate when the shopping cart crosses the electronic barrier;

b.

A system requiring a refundable deposit to use a shopping cart. Such deposit should be of a reasonable amount that would not deter use of the cart, but would encourage its return;

c.

A toll-free shopping cart recovery service system; or

d.

Any other mechanism or system approved by the County.

5.

Vacant Stores. To avoid the economic impacts of prolonged vacant projects and buildings, and to mitigate the visual blight created by vacant big box structures (e.g., parking lots that are abandoned, poorly lit, and/or barricaded; poorly maintained landscaping; darkened stores; unlit signage; boarded windows; etc.), vacant properties shall be maintained as follows.

a.

Maintenance standards: Big box developments must abide by the maintenance standards contained in Chapter 2.

b.

Barriers: A temporary barrier may be installed to discourage pedestrian and vehicular access onto the property. Barrier materials are limited to the following (Jersey barriers are not allowed):

i.

Temporary vinyl-coated chain link or decorative fencing that is kept in good repair, free of breaks, missing segments or slats, loose or rotting material, mold, mildew, rust, or corrosion.

ii.

Temporary landscaping pots used as barricades, which shall be maintained and kept in good repair. Sight distance and standards per Florida Department of Transportation Road Design Standards shall be met.

C.

CAMPGROUNDS OR RV PARKS. Campgrounds or RV parks are permitted as indicated in the Use Tables subject to the following:

1.

Shall be located with direct access to a paved avenue, boulevard, or framework street or adjacent to a natural resource, consistent with the protection of the resource.

2.

The minimum area allowable for a campground shall be five (5) acres. Parks that are intended solely for RV permanent residential uses shall adhere to the requirements pertaining to Mobile Home parks.

3.

Primitive campsites shall be located, designed and intended to afford the users an opportunity to camp in a quiet, uncongested and natural setting. The campground shall incorporate a continuous pedestrian and bicycle pathway throughout the entire area of the site, and amenities installed for use by guests.

4.

Each RV space, the administrative office, maintenance facilities, security quarters or any other similar use shall provide a connection to central water and wastewater treatment facilities. Common sanitary facilities, including showers, toilets and sinks, shall be provided for use by the visitors to the park.

5.

Within a campground, the following accessory uses are permitted:

a.

Recreation amenities restricted to use by guests, including pools, tennis and shuffleboard courts, recreation rooms, equestrian facilities, nature and walking trails, play grounds, tot lots, docks and similar facilities.

b.

Gate houses or similar facilities designed to provide security to the park and campground.

c.

Maintenance facilities.

d.

Administrative office space necessary for operation of the park and campground; and commercial or retail uses located internal to the park and restricted to use by guests, including convenience food and beverage items and recreational vehicle parts and ancillary commercial uses.

e.

The permitted ancillary commercial and retail uses shall, in addition to the requirements of this Section, comply with the following: The use shall be located and accessed via the internal campground system.

6.

Prohibited Uses. The uses, activities or improvements listed below are prohibited within a campground.

a.

Permanent residential use of any park land, camping cabin, tent, structure or facility is prohibited, excluding occupants of any security quarters that may be established in the park. Residence in any recreational vehicle space shall comply with the requirements established for mobile home parks.

b.

Parking of recreational vehicles in areas not designated for such use is prohibited.

c.

The storage of recreational vehicles is prohibited.

D.

CONSTRUCTION TRAILERS/TEMPORARY OFFICES. Construction trailers or temporary offices are permitted as indicated in the Use Tables subject to the following:

1.

A licensed contractor or land excavation permitted engaged in a construction project for which a building permit or soil excavation operating permit has been issued by Osceola County, may temporarily use a construction trailer/modular office for office facilities in the location where the work is being done; provided such office shall not be placed upon a public street but upon the property on which the permit authorized the activity. The construction trailer/modular office shall be removed within thirty (30) days after completion of the work for which the permit has been issued. Septic tanks may be permitted by the Osceola County Health Department provided all applicable requirements are met.

2.

Use approval may be issued by the County Manager for a one (1) year period for the use of modular facilities as temporary offices while business properties are being remodeled, provided that they are placed upon the property for which there is a building permit issued by Osceola County for the remodeling. The permit shall be for a period of one (1) year or until the remodeling is completed, whichever is the shorter period. The permit may not be renewed after the expiration of the one-year period.

3.

Watch person trailers shall be limited to one (1) per construction site.

4.

Public toilet facilities shall be provided as required by the applicable codes.

5.

The County Manager may permit modular facilities as temporary offices within otherwise required building setbacks provided the applicant can demonstrate:

a.

Site placement will not have an adverse impact on adjacent property.

b.

Can adequately buffer, when required, the proposed site from the adjacent property.

c.

That lacking an alternative placement, in compliance with required setbacks, the applicant would be prohibited the use of such facilities.

E.

CONVENIENCE RETAIL WITH FUEL PUMPS. Convenience retail with fuel pumps are permitted as indicated in the Use Tables subject to the following:

1.

The use shall have direct access to an avenue, boulevard, or framework street in conformance with other provisions of this Code.

2.

Site lighting shall be in accordance with the standards contained herein.

3.

No repair services shall be permitted.

4.

Self-service ice buildings housed on the property shall be subject to the following:

a.

Shall not exceed four hundred (400) square feet in footprint area.

b.

Shall not exceed fifteen (15) feet in overall height as measured from the grade at the base to the top of the structure. The does not include the screening for mechanical equipment.

c.

Shall meet the required setbacks of the principal building(s) on the parcel and shall not be placed greater than fifty (50) feet distance from the principal building unless deemed necessary by the County Manager.

d.

Shall be architecturally compatible with the existing principal building on the parcel. Building elevations shall be required to render a determination. Architectural compatibility may be determined by, but not limited to Exterior materials and colors, style and architectural elements.

5.

Canopies provided over the pump islands shall not exceed the height, and shall meet the setback requirements of the principal structure. The setbacks shall comply with the following:

a.

The outside edge of the canopy may intrude into the required front yard, provided there is a minimum of five (5) feet remaining.

b.

The canopy shall not block visibility at intersections of rights-of-way or drives.

c.

All pump islands, their surrounding structures and the canopy support structures shall meet the zoning district's yard requirement for building setbacks.

d.

Fuel pump stations are comprised of a single or double fueling position.

6.

Convenience stores within an Urban Infill Center must comply with the setback and building placement contain in the Urban Infill Centers Standards. Pump stations shall be located behind the principal structure and shall be limited to the following:

a.

Neighborhood Center Core: Maximum of six (6) fuel pump stations.

b.

Community Center Core: Maximum of six (6) fuel pump stations.

c.

Community Center Perimeter: Maximum of eight (8) fuel pump stations.

d.

Urban/Employment Center Core: Maximum of four (4) fuel pump stations.

e.

Urban/Employment Center Perimeter: Maximum of six (6) fuel pump stations.

F.

DAYCARE/ADULT DAYCARE. Daycare facilities, whether for children or adults are permitted as indicated in the Use Tables subject to the following:

1.

Adult day care facilities shall be a permitted use without regard to subsequent standards set forth in this Section and/or if such uses are accessory to the following permitted uses: houses of worship, social service agencies, health care facilities, community centers, or elderly housing developments in addition to those districts outlined in the Use Tables. Adult daycare facility uses shall:

a.

Be placed such that the location and extent of the facility shall not adversely affect the character of the surrounding development.

b.

Be located in a building that is in scale with the buildings located within two hundred (200) feet of said building or provide a "Low" buffer to the adjacent land use.

c.

The buildings shall not deviate by more than thirty (30) percent from the median scale of neighboring buildings as determined by site volume ratio and total building volume.

d.

No overnight lodging shall be permitted for any type of adult day care facility.

2.

Child day care facilities shall be permitted as indicated in the Use Tables subject to the following:

a.

If a circular driveway is provided for pick-up/drop-off of children, the following shall be required in addition: A one-way direction paved circular driveway, twelve (12) feet in width with a minimum inside turning radius of twenty (20) feet, and an area a minimum of fifteen (15) feet from the designated discharge point where the children are picked up or dropped off. If fire regulations require the designation of a fire lane, then the width of the circular driveway shall be at least twenty (20) feet.

b.

If a fenced outdoor play area for the children shall be provided. The use of the fenced outdoor play area shall be limited to between 7:00 a.m. and 7:00 p.m. if the fenced play area is within one hundred (100) feet of a residential zoning district.

c.

The location and extent of the facility shall not adversely affect the character of the existing neighborhood.

d.

The child care center shall be of a design, intensity and scale to serve the surrounding neighborhood and be compatible with the surrounding land uses and zoning.

e.

Child care centers for more than fifteen (15) children shall have direct access onto an avenue, boulevard, or framework street in conformance with other provisions of this Code.

G.

FLEA MARKET—OPEN AIR. Flea markets shall be permitted as indicated in the Use Tables subject to the following:

1.

Uses authorized for flea markets shall include retail outlets for new and used general merchandise, gift and sundry items, food, produce and bakery, clothing, furniture, books and appliances, tools and automotive parts; shops for personal care services such as barbers and hairdressers; artisans and crafts persons and their wares; retail sales display areas for home improvement items such as screen rooms, spas, etc.; and concession space to include beer sales for consumption on premises only.

2.

The use shall have direct access to a avenue, boulevard, or framework street.

3.

All vendors shall obtain a business tax receipt from Osceola County and shall have said receipt displayed on site.

4.

A minimum of seventy (70) percent of sales display area shall be within covered structures built to building code standards, and a maximum of thirty (30) percent of sales area to be provided as a paved open air display.

5.

Expansion of sales display areas, covered or uncovered, shall require separate County approval.

6.

One temporary storage unit, maximum size eight feet by ten feet (8' × 10'), shall be permitted for each covered sales display area, provided they do not encroach upon parking spaces or walkways, or create safety hazards.

7.

Internal tenants' signage shall not be visible from public roads or sidewalks and do not require a permit from Osceola County.

H.

FOOD TRUCKS/LUNCH TRUCKS. A Food Truck shall be defined as a vehicle (including trailers) operated by a mobile food vendor to prepare and sell food at multiple locations. A Lunch Truck shall be defined as a vehicle operated by a mobile food vendor to sell pre-packaged food, such as ice cream and sandwiches, at multiple locations. Mobile Food Service Operations shall be permitted as indicated in the Use Tables subject to the following:

Food Trucks Temporary Use Standards

1.

Operator shall obtain a special event permit that shall only be permitted on private property.

2.

Operate no later than 10:00 p.m. on weekdays, Sunday to Thursday, 12:00 a.m. (midnight) on weekends, Friday and Saturday.

3.

No permitted sale of alcoholic beverages.

4.

No temporary structures or stages permitted.

5.