(A)

Exemptions from Special Exception Use Requirements For purposes of this section and other City regulations, certain commercial-type activities that are customarily functions of the home and that conform to Subsection 5.1(B), criteria, shall be exempt from the special exception use requirements of Subsection 5.1(D), special exception use orders required. These activities and home professions include the following:

(1)

Office of convenience.

(2)

Any use pre-empted by state law, except that drugstores, apothecaries, pharmacies and other pharmaceutical uses shall be prohibited.

(B)

Criteria All home occupations and those exemptions listed in the preceding section shall meet the following criteria:

(1)

A home occupation shall be conducted in a manner which does not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units. Specifically:

(a)

Noise, dust, odors, noxious fumes, or vibrations emanating from the premises shall not exceed that which is normally produced by a single dwelling unit.

(b)

No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or which causes fluctuations in line voltage off the premises.

(c)

Any of the above uses outlined in Subsection 5.1(A), exemptions from special exception use requirements, may require a special exception use order if the business generates additional pedestrian or vehicular traffic beyond that normal to the district in which it is located.

(d)

No one other than residents of the dwelling shall be employed in the conduct of a home occupation.

(e)

No highly explosive or combustible materials shall be used or stored on the premises.

(2)

A home occupation shall not give an outward appearance of, nor manifest characteristics of, a business. Specifically:

(a)

There shall be no outside storage or window display.

(b)

No commercial telephone directory advertising, newspaper, radio or television service shall be used to advertise the location of a home occupation to the general public.

(c)

No home occupation shall cause an increase in the use of any one (1) or more public utilities (water, sewer, electricity, and garbage collection) so that the combined use of dwelling and home occupation purposes exceeds the averages for residences in the neighborhood.

(d)

There shall be no entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation.

(e)

There shall be no remodeling of the exterior of the building that changes the residential character, nor any visible evidence that the residence also contains an office or business, except for one (1) non-illuminated wall sign not to exceed two (2) square feet if required by state law.

(C)

Prohibited Home Occupations By the nature of the investment or operation, the following have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations. These uses may impair the use and value of a residentially zoned area, and are more suited to professional or business districts. The uses specified below, therefore, shall not be permitted as home occupations:

(1)

Minor or major automobile repair, painting of vehicles, trailers, or boats.

(2)

Funeral chapel or home.

(3)

Medical or dental clinic.

(4)

Beauty or barber shops.

(5)

Photo studio.

(6)

Massage parlor.

(7)

Welding or machine shops.

(8)

Dance instruction.

(9)

Repair shops.

(10)

Palm reading, fortune telling.

(11)

Restaurants.

(12)

Ceramics (kiln of twelve (12) cubic feet or more).

(D)

Special Exception Use Orders Required No home occupation shall be allowed in any residential district without a special exception use order. Should the special exception use be denied, all such persons shall immediately cease their business activity.

(E)

Revocation of Home Occupation Permit The Land Use Administrator may void any home occupation permit for non-compliance with the criteria set forth in this section.

(Ord. No. 1655 , § 3, 9-7-17)

(A)

Location Requirements Bed and breakfast establishments are allowed in those zoning districts as provided in Table 4.1 and are defined according to Article XVIII. The building must be designated as a historic landmark, unless located within a Residential-Professional, Agriculture, Central Avenue, or Historic District zoning designation.

(B)

Operational Requirements A bed and breakfast establishment shall be operated according to the following requirements:

(1)

A City home occupational license and any required state or federal licenses or registrations must be obtained prior to commencing operation of a bed and breakfast establishment.

(2)

In the A, R-CE, R-1AAA, R-1AA, R-1A, MUD-MF and MUD-SF zoning districts, the only meal to be served shall be breakfast, and it shall only be served to guests lodging in the facility. In the R-P, MUD-HDC, MUD-HDP, MUD-CHR, MUD-DS, MUD-CA, and MUD-HDVC zoning districts, no such limitation shall apply. No food preparation will be allowed within any guest bedroom.

(3)

The resident owner shall keep a current guest register including names, permanent addresses, dates of occupancy, and motor vehicle license of all guests.

(4)

Guest stays shall be limited to thirty (30) consecutive days and no more than sixty (60) days in any one-year period.

(5)

At least one (1) owner of the bed and breakfast establishment shall reside in the bed and breakfast establishment.

(C)

Impact Fees Each guest bedroom shall be assessed road impact fees equal to the hotel room rate established in Article X, less credit received for a residential use. The combined floor area of all guest bedrooms and adjoining private rooms shall be used to calculate police, fire protection and other impact fee methodologies applying floor criteria. Fees shall be paid prior to issuance of a home occupational license in cases where a building permit is not necessary.

(D)

Parking One (1) off-street parking space must be provided for each guest bedroom, in addition to two (2) spaces for the resident owner. Outdoor parking shall be limited to two (2) spaces in the front of the property unless compatible with the neighborhood and otherwise approved by the City Council. All other parking shall be provided to the side or to the rear of the building. Parking positioned to the rear or side of the structure shall be screened from adjacent property by a five-foot wood or masonry wall or sight obscuring vegetation. Any lighting of parking areas located to the rear or to the side of the building shall be directed away from adjacent properties and the maximum illumine rates shall be determined by the City Engineer. The City may limit the time periods in which such lighting may be activated based on compatibility with adjacent affected property, recreational vehicles, utility trucks, or other similar large vehicles not owned by the resident owner are prohibited from parking overnight on the premises of any bed and breakfast establishment.

(E)

Signs One (1) small, unlighted, announcement sign may be attached to and parallel with the front of the building, or located as a monument sign in the front yard. The monument sign shall not exceed a height of four (4) feet. Any sign face shall not exceed three (3) square feet. Sign colors and design shall be compatible with and compliment the building.

(F)

Spacing Requirements No bed and breakfast establishment shall be located within five hundred (500) feet of another such establishment unless designated as a historic landmark.

(G)

Building Requirements and Restrictions

(1)

Appearance of House. Rooms used for sleeping shall be a part of the primary residential structure. Primary access to guest bedrooms shall be from an interior hallway or room of the building, unless other access is required for emergency egress. Exterior appearance of the structure shall maintain a single-family character. Any expansion of or room addition to a bed and breakfast establishment requires approval by the City Council.

(2)

Limit on Number of Guest Bedrooms. No more than four (4) guest bedrooms shall be allowed within a bed and breakfast establishment. In Residential-Professional, Agricultural, Central Avenue, and Historic District zoning districts up to six (6) guest rooms may be authorized through a special exception permit.

(3)

Architectural Requirements. Any room additions or expansion of a bed and breakfast establishment designated as a historic landmark must be compatible with the existing architectural style of the building.

(H)

Fire Safety and Building Codes Any building utilized as a bed and breakfast establishment must comply with fire safety codes and the currently adopted building codes, state energy codes and stated accessibility codes.

(I)

Definition The definition used for a historic site is consistent with that established in the City's Comprehensive Plan.

(Ord. No. 1432, § 2, 5-5-08)

(A)

Construction Trailers

(1)

Permitting. Temporary trailers used to coordinate and direct construction authorized by a development order or permit shall be allowed upon receipt of development permit. The permit shall expire upon completion of the project, or within six (6) months, whichever occurs first. The permit may be extended for one (1) or more six (6) month periods following inspection by the Building Department to insure need and code compliance. Upon permit expiration, the trailer shall be removed immediately.

(2)

Fees. The application fee for said permit shall be determined by resolution of the City Council.

(3)

Location. Construction trailers must be located on-site, outside the road right-of-way.

(B)

Trailers Permitted with a Special Exception The following types of uses may be permitted only with a special exception use order issued in accordance with Section 3.3(B) and the regulations contained herein:

(1)

A temporary residence (trailer or similar units) on a non-residential construction site.

(2)

A trailer or similar unit designed for temporary residential occupancy pending the construction, repair, or renovation of the permanent residential building.

(3)

A trailer, mobile home, or similar unit, used as a temporary sales office or other business facility in any district.

(4)

A model home or other permanent structure used as a temporary sales office or business facility. (Any model home that includes alterations to the garage shall be considered a temporary sales office.)

(5)

A single special exception use order may be issued for a single-family residential "model center" which includes a temporary sales office, two (2) model homes and a parking lot constructed on three (3) adjacent lots by one (1) builder. Otherwise, all three (3) uses shall require individual special exception use orders.

(C)

Time Limit on Special Exception Use Orders All special exception use orders issued in accordance with this section shall expire in one (1) year and the unit or use shall be removed immediately. The permit may be extended for one (1) or more six-month periods after review and approval of the City Council in accordance with the following:

(1)

The application for renewal must be filed at least two (2) weeks, but not more than six (6) weeks prior to expiration.

(2)

The applicant must demonstrate that the extension is warranted and that there has been no adverse impact on the neighborhood.

(3)

The applicant must demonstrate that all health and safety standards have been met or exceeded.

(A)

Applicability

(1)

Status of Existing Towers. All legally existing communication towers existing on July 16, 1997 shall be subject to the provisions of Article VII, Non-Conforming Situations. Routine maintenance shall be permitted on such existing towers. New construction consisting of any enlargement or enhancement of the facility, other than routine maintenance on an existing communication tower shall comply with the requirements of this section. All existing towers shall be subject to Subsection 5.4(L), abandonment.

(2)

All new communication towers and communication antennae in the City of Oviedo shall be subject to this section and all other applicable regulations.

(3)

A communication antenna or tower that has received City approval in the form of either a special exception use order or a site development order, but has not yet been constructed, shall be considered an existing tower if such approval is valid, current, and not expired.

(4)

All new communication antennae which are not attached to communication tower shall comply with Subsection 5.4(E), placement/design of standard communication antennae.

(5)

Amateur radio and two-way private communication towers. This section shall not govern any amateur or two-way private communication tower or antennae. However, any semi-public or commercial antennae placed on such private towers existing as of June 16, 1997 shall be subject to this section. Any amateur or private two-way radio tower or antennae exceeding thirty-five (35) feet are subject to the approval of a special exception use order.

(B)

Permitted Uses and Special Exception Uses Table 4.1 shall set forth the zoning districts allowing the use of communication towers as permitted uses or as special exception uses. In addition to zoning districts shown within the Table 4.1, communication towers which are consistent with requirements of this section may be allowed within lands designated for public or recreation uses in a planned unit development master site plan or conceptual development plan upon issuance of a special exception use order. Camouflage communication towers which are consistent with requirements of the LDC are allowed within lands designated for commercial in a planned unit development master site plan or conceptual development plan upon issuance of a special exception use order. However, development agreements approved prior to June 16, 1997 may prohibit the location of communication towers within certain planned unit developments.

(C)

Tower Separation Requirements For purposes of measurement, communication tower setbacks as listed in the Subsection 5.4(C)(2) and separation distances as listed in the Subsection 5.4(C)(3) shall be calculated and applied to facilities located in the City of Oviedo regardless of municipal and county jurisdictional boundaries.

(1)

Communication tower separation shall be measured from the base of the tower to the nearest property line of off-site uses and/or designated areas as specified in the table set forth in the Subsection 5.4(C)(2).

(2)

Communication Tower Separation from Off-Site Uses/Designated Areas. Separation of towers from adjacent property shall comply with the following:

TABLE 5.1: SUMMARY OF MINIMUM SEPARATION FROM ADJACENT USES

(3)

Separation distances between communication towers shall be applicable for, and measured between, the proposed tower and those towers that are existing and/or have received City of Oviedo land use or building permit approval after June 16, 1997. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the base, pursuant to a site development plan, of the proposed tower. The separation distances (listed in linear feet) shall be as follows:

TABLE 5.2: SUMMARY OF SEPARATION DISTANCES

(D)

Performance Standards

(1)

Setbacks.

(a)

Communication tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. A minimum setback of five (5) feet is required for the guy lines for a guyed tower.

(b)

Communication towers shall comply with the minimum setback requirements of the district in which they are located.

(c)

Where there is a principal building housing a principal use located on the site, the tower shall be located behind the main building line. All communication towers shall be set back a minimum of fifty (50) feet from an arterial roadway.

(2)

Height.

(a)

A communication tower shall not exceed two hundred fifty (250) feet in height from ground level. No communication tower/antenna shall exceed one hundred (100) feet in height from ground level unless designed to accommodate multiple users. A camouflage tower shall not exceed one hundred forty (140) feet from ground level unless otherwise approved by a special exception use order.

(b)

Method of Determining Communication Tower Height. Measurement of communication tower height shall include antenna, base pad, and other appurtenances and shall be measured from the average finished grade of the parcel within twenty (20) feet of the base of the tower.

(3)

Illumination. Communication towers shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration, at which time dual mode lighting shall be requested from the FAA.

(4)

Finished Color. Communication towers not requiring FAA painting/marking shall either have 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.

(5)

Structural Design. Communication towers shall be constructed to the most current standards published by the Electronic Industries Association (EIA), which may be amended from time to time, and all City construction/building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing communication towers shall require submission of site plans, sealed and verified by a professional engineer, which demonstrate compliance with the EIA standards in effect at the time of said improvement or addition. Said plans shall be submitted to, and reviewed and approved by, the City of Oviedo DRC and Building Services Division Department at the time building permits are requested.

(6)

Type of Construction. Communications towers shall be monopole construction. Special design features such as stealth (camouflage) construction may be required by the City Council upon a finding that the visual impact of the proposed construction is incompatible with the character of the surrounding area. Lattice or guyed construction may be approved by the City Council as a special exception use only upon showing that use of monopole or camouflage construction techniques is financially unfeasible.

(7)

Fencing. A vinyl coated (black or green) chain link fence or masonry wall not less than six (6) and no greater than eight (8) feet in height from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate. Barbed wire may be permitted through site development order review, consistent with Section 4.15, Subsection (C), walls and fences. A solid masonry wall or other wall or fence type may be required through site development order review where required for the purpose of appearance and/or land use compatibility pursuant to Section 12.4, Subsection (D). The fencing requirements contained herein may be adjusted where site development order considerations warrant or where stealth construction techniques are used.

(8)

Landscaping. The visual impacts of a communication tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following minimum standards for landscaping and buffering of a communication tower shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the City Council for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view and for tower using stealth construction techniques. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum practicable extent and may be used as a substitute or in supplement toward meeting landscaping requirements. The following landscaping shall be provided:

(a)

A continuous landscape screen consisting of canopy trees a minimum of fourteen (14) feet tall and a maximum of twenty-five (25) feet apart shall be planted around the perimeter of the fence;

(b)

A continuous hedge at least thirty (30) inches high at planting capable of growing to at lease thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above;

(c)

All landscaping shall be of the evergreen variety or appropriate variety to provide an opaque screen;

(d)

All landscaping shall be xeriscape compatible or irrigated;

(e)

All landscaping shall be properly maintained to ensure good health and viability.

(9)

Parking. A minimum of one (1) parking space to accommodate maintenance vehicles shall be provided within the fenced area.

(10)

Accessory Buildings and Structures. All accessory buildings or structures less than one hundred (100) square feet shall be set back a minimum of five (5) feet from the rear or side property line, and a minimum of twenty-five (25) feet from the front property line. All accessory buildings or structures exceeding one hundred (100) square feet shall be subject to the principal building setbacks for the applicable zoning district.

(11)

Signage. No sign, symbol or letters shall be placed or painted on a communication tower unless approved or required by the FAA or FCC.

(12)

Design Compatibility. The City Council may include conditions in conjunction with site development order approval to ensure design compatibility with the surrounding area.

(13)

Design to Accommodate Co-Location.

(a)

All communication towers more than one hundred (100) feet but not more than two hundred (200) feet in height, except lattice towers, shall be engineered and constructed to accommodate a minimum of one (1) additional communication service provider.

(b)

All communication towers exceeding one hundred twenty (120) feet in height, except lattice towers, shall be engineered and constructed to accommodate a minimum of two (2) additional communication service providers.

(c)

All lattice communication towers, where allowed by the City according to Subsection 5.4(D)(6) shall be engineered and constructed to accommodate a minimum of five (5) additional communication service providers.

(E)

Placement/Design of Standard Communication Antennae Standard communication antennas include satellite dish, panel or whip antennae. The Land Use Administrator shall determine the classification of the antennae. Within residentially zoned lots, only antennae serving that lot shall be allowed. Semi-public antennae are prohibited on any single-family residential structure or lot.

(1)

The following antennae used for the reception of television broadcast signals, direct broadcast satellite services or multi-channel multipoint distribution services shall comply with this section unless otherwise specifically exempt from such regulations by the regulations promulgated by the Telecommunications Act of 1996; specifically:

(a)

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter;

(b)

An antenna that is designed to receive video programming services via multi-point distribution services, including multi-channel distribution services, instructional television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter;

(c)

An antenna that is designed to receive television broadcast signals.

(2)

Satellite Dishes.

(a)

Eighteen (18) inches or less in diameter. No permit is required from the City of Oviedo for the installation of a dish-shaped antenna eighteen (18) inches or less in diameter.

(b)

More than eighteen (18) inches in diameter. Installation of a satellite dish and/or antenna greater than eighteen (18) inches in diameter within any district within the City shall require the granting of a special exception use order approved by the City Council except as otherwise allowed herein. Any satellite dish/antenna which is not attached to a communication tower shall be a permitted accessory use in any commercial, industrial, office or institutional zoning structure, provided:

(i)

The dish is located on the roof of the building and does not exceed more than twenty (20) feet above the highest point of the building or twenty (20) percent of the building height, whichever is less; and

(ii)

The dish/antenna is set back from the roof edge ten (10) feet or ten (10) percent of the roof depth, whichever is greater; and

(iii)

The communication antenna complies with all applicable FCC and FAA regulations; and

(iv)

The communication antenna complies with all applicable building codes.

(v)

The dish is not visible from the public street.

(vi)

Any support equipment located on the ground must be placed inside a principal building or an accessory building or structure and comply with Subsection 5.4(D)(10). A site development order shall be required for any accessory building or structure.

(3)

Panel Antennae.

(a)

Two (2) square feet or less. No permit is required from the City for the installation of a panel antenna equal to or less than two (2) square feet.

(b)

More than two (2) square feet. Installation of a panel antenna greater than two (2) square feet within any district within the City shall require the granting of a special exception use order approved by the City Council except as otherwise allowed herein. Any panel which is not attached to a communication tower shall be a permitted accessory use in any commercial, industrial, office or institutional zoning structure, provided:

(i)

The antenna does not exceed more than twenty (20) feet above the highest point of the structure or twenty (20) percent of the structure height, whichever is less; and

(ii)

Where located on the roof of a building, the antenna is set back from the roof edge ten (10) feet or ten (10) percent of the roof depth, whichever is greater; and

(iii)

Where located on the side of a building, a building facade, or structure, the antennae shall not exceed fifteen (15) square feet, shall be camouflaged by having a finished color similar to that appearing on the wall of the building or structure, and shall not extend more than three (3) feet from the wall of the building or structure.

(iv)

The communication antenna complies with all applicable FCC and FAA regulations; and

(v)

The communication antenna complies with all applicable building codes.

(vi)

Any support equipment located on the ground must be placed inside a principal building or an accessory building or structure and comply with Subsection 5.4(D)(10). A site development order shall be required for any accessory building or structure.

(4)

Whip Antennae. No permit is required from the City for the installation of a whip antenna on residentially zoned property, except that a special exception use order must be approved if the height exceeds thirty-five (35) feet. Any whip antennae which are not attached to a communication tower shall be a permitted accessory use to any commercial, industrial, office or institutional structure, provided:

(a)

The antenna does not exceed more than twenty (20) feet above the highest point of the building or twenty (20) percent of the building height, whichever is less; and

(b)

Where located on the roof of a building, the antenna is set back from the roof edge ten (10) feet or ten (10) percent of the roof depth, whichever is greater; and

(c)

The communication antenna complies with all applicable building codes.

(d)

Any support equipment located on the ground must be placed inside a principal building or an accessory building or structure and complies with Subsection 5.4(D)(10). A site development order shall be required for any accessory building or structure.

(F)

Communication Tower Antennae A special exception use order is not required for any antennae placed upon an approved communication tower so long as the following standards are met:

(1)

The communication antenna complies with all applicable FCC and FAA regulations.

(2)

The communication antenna complies with all applicable building codes and is issued a building permit.

(3)

Antennae installed on a communication tower shall not horizontally extend more than fifteen (15) feet from the tower pole or lattice structure.

(G)

Co-Location of Communication Antennae To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, co-location of communication antennae by more than one (1) carrier on existing or new communication towers, or existing qualifying buildings and structures shall take precedence over the construction of new single-use communication towers as follows:

(1)

Proposed communication antennae may, and are encouraged to, co-locate on to existing communication towers, buildings and structures. Provided such co-location is accomplished in a manner consistent with Subsection 5.4(G)(2)—(5) for towers, and Subsection 5.4(D) for buildings and structures, then such co-locations are permitted by right and new or additional special exception use or site development order approval shall not be required.

(2)

Type of Construction. A communication tower which is modified or reconstructed to accommodate the co-location of an additional communication antenna shall be of the same tower type as the existing communication tower or as a standard monopole tower.

(3)

Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed twenty (20) feet over the tower's original height for each co-location opportunity, to accommodate the co-location of an additional communication antenna.

(a)

The height change referred to in this subsection may only occur one (1) time per communication tower.

(b)

The additional height referred to in this subsection shall not require an additional distance separation as set forth in either Subsection 5.4(C)(2) or Subsection 5.4(C)(3). The communication tower's pre-modification height shall be used to calculate such distance separations.

(4)

On-Site Location. A communication tower which is being rebuilt to accommodate the co-location of an additional communication antenna may be moved onsite within one hundred (100) feet of its existing location; however, the antenna shall meet the setback requirements in Subsection 5.4(D)(1). After the communication tower is rebuilt to accommodate co-location, only one (1) tower may remain on the site.

(5)

A relocated onsite communication tower shall continue to be measured from the original tower location for purpose of calculating separation distances between communication towers pursuant to Subsection 5.4(C)(3). The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of Subsection 5.4(C)(3).

(H)

Location of Communication Towers on City-owned Property Notwithstanding any of the foregoing provisions of this section, if a communication tower is to be located on City-owned property the tower shall in all cases be subject to all permit requirements and approval processes.

(I)

Review of Communication Towers

(1)

Special Exception Use Review. All communication towers requiring special exception use review shall be subject to the requirements of this section and Article III in addition to the requirements set forth below. The following information shall be submitted:

(a)

An inventory of all communication towers located in Oviedo and within one (1) mile from the City which are under the applicant's control and/or are being used by the applicant. Information on each tower listed shall include:

(i)

The type of tower of structure;

(ii)

The height of the tower including antennas;

(iii)

Latitude and longitude location;

(iv)

Street address;

(v)

Indication whether the site is co-located and if so, with whom; and

(vi)

The type(s) of service(s) accommodated on the tower.

(b)

A copy of the recorded memorandum of lease evidencing co-location, if such memorandum exists

(c)

For all special exception use and/or deviation requests, the applicant shall provide the radio frequency (RF) search ring used to determine the location of the applicant's request. In addition, the applicant shall supply documentation that every other parcel within the applicant's search ring has been reviewed and, where appropriate, contacted and that the application parcel is the most feasible parcel upon which to locate the tower. The applicant shall provide adequate documentation to substantiate the applicant's determination of feasibility.

(d)

The applicant shall submit a recordable agreement acceptable to the City Attorney that provides the following:

(i)

For co-location facilities, a condition that the owner of the tower, and its heirs or successors, shall cooperate in good faith with other service providers to allow the co-location of additional service providers on the communication tower, and that the tower shall be designed and constructed to accommodate other service providers.

(ii)

The agreement shall require the applicant to provide a twenty-year performance bond acceptable to the City Manager and the City Attorney which shall be posted with the City in an amount sufficient to remove the tower structure upon abandonment. The amount of the performance bond will be determined based upon the cost associated with the demolition and removal of the tower according to its type and height.

(iii)

Unless otherwise evidenced within a recorded memorandum of a lease, the agreement shall specify that the owner of the tower shall be responsible for all costs of dismantling and removal, and in the event an abandoned tower is not dismantled and removed within the time required hereunder, the City may proceed with the dismantling and removal.

(iv)

The agreement must be executed and recorded prior to the issuance of a building permit for the tower.

(e)

A master plan identifying the number, type and potential location of future communication towers sought by the applicant within the City of Oviedo as well as within one (1) mile of the City limits to meet customer demand anticipated for the two-year period from the application date. This requirement shall be waived when an application proposes to construct a tower designed for co-location of multiple antennae.

(2)

Site Development Review. All communication tower development applications shall comply with the requirements of Article III. All communication towers will require a site development order. In addition to the submittal requirements contained therein, the following information shall be required:

(a)

Documentation of compliance with separation requirements of Subsection 5.4(C)(2) and (C)(3). The applicant shall indicate the exact distance, location, and identification of other communication towers within a two (2) mile radial distance on an updated tax map. The applicant shall also identify the type of construction of the existing communication tower(s) and the owner/operator of the existing tower(s), if known.

(b)

Drawings showing elevation of the proposed communication tower, indicating the finished color and, if applicable, the method of camouflage and illumination.

(c)

Site development plans, landscape plans, or other information showing compliance with the performance standards outlined in Subsection 5.4(D).

(d)

A statement by the applicant as to how construction of the communication tower will accommodate co-location of additional antennae for future users.

(e)

An agreement as stipulated consistent with the requirements of Subsection 5.4(I)(1)(d), unless otherwise provided with a special exception permit.

(3)

Building Permit. A building permit shall be required for construction of all new communication towers and communication antennae, unless otherwise exempted herein.

(J)

Public Notice For purposes of this section, any special exception use request, deviation request, or appeal of the Land Administrator's decision regarding this section shall require public notice to all property owners within five hundred (500) feet.

(K)

Inspection of Towers An inspection of the structural condition of a tower shall be conducted annually by a registered engineer or architect or within thirty (30) days written request by the City Engineer or Building Official. The annual inspection shall include a written report, sealed by the engineer or architect, and filed with the City prior to May 1st of each year. If tower construction is completed within six (6) months of May 1st, then a report does not have to be submitted for that year. The report shall include documentation by the engineer or a letter from the FCC acknowledging that the antennae operate at the approved FCC transmission levels.

(L)

Abandonment In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Land Administrator who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional one hundred eighty (180) days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or

(2)

Dismantle and remove the tower.

(M)

Any development order approval for the tower shall automatically expire one hundred eighty-one (181) days from the date of abandonment without reactivation or upon completion of dismantling and removal, whichever is first.

(A)

Scope and Permitted Uses

(1)

The regulations in this section shall apply to convenience stores, both with and without gasoline pumps. Zoning and other applicable regulations not provided in this section shall apply for the zoning district in which the convenience store is located.

(2)

Permitted uses in Type I convenience stores are indoor retail sales of food, beverage and incidental household items for consumption off-premises.

(3)

Permitted uses in Type II convenience stores are indoor retail sales of food, beverage and incidental household items for consumption off-premises. Retail gasoline sales are permitted. A car wash may be permitted as an accessory use by special exception use order. No repair of automobiles, sales of tires, batteries or automobile accessories are permitted at a Type II convenience store.

(4)

Car wash facilities may be approved as a special exception accessory use at a Type II convenience store, subject to the following conditions:

(a)

The car wash facility shall be enclosed and automated. Water used in the car wash facility;

(b)

Shall be mechanically recycled;

(c)

The car wash facility shall have a separate entrance and exit and shall not be of a type that permits a vehicle to pull in and back out;

(d)

The entrance and exit to the car wash facility shall be screened in accordance with the provisions of Section 5.5(F) walls;

(e)

Three (3) parking spaces for use by the carwash facility shall be provided on-site. This shall be in addition to the number of parking spaces required by the convenience and gasoline sales areas;

(f)

The parcel of land shall contain at least forty thousand (40,000) square feet;

(g)

Adequate vehicle stacking and circulation shall be provided on-site, in such a manner as to not be in conflict with the circulation, parking, access or egress of the principal on-site uses.

(h)

Landscaping and screening of car wash buildings shall be as provided in Article XII, Landscaping, Tree Planting and Buffer Requirements.

(B)

Permitted Locations Type I and Type II convenience stores are permitted only on suitably-zoned parcels at the locations set forth in this section. Prior to consideration by the Planning, Zoning, and Appeals Board (PZA) and the City Council of the addition of a location to this section, all owners of property within two hundred (200) feet from the property line of the area to be added will be notified. Notification shall be by first class mail. The property owners' names and addresses shall be obtained from the latest ad valorem tax records. The location of convenience stores shall be as follows:

(1)

At the intersection or junction of any two (2) of the following main thoroughfares:

(2)

A location which has received approval for a convenience commercial use pursuant to an adopted PUD site plan.

(C)

Distance between Convenience Stores There shall be a minimum separation distance of six hundred sixty (660) feet, as determined by the shortest airline distance between the nearest two (2) plots of land occupied or to be occupied for convenience store purposes. This distance may be reduced to one hundred (100) feet if the convenience stores are located along a thoroughfare divided by a median strip, provided that the convenience stores are located along traffic lanes going in the opposite direction. In no case shall there be more than two (2) convenience stores constructed at any one (1) of the intersections cited in Subsection 5.5(B).

(D)

Size of Plot For a Type I convenience use, the minimum parcel size shall be the minimum lot size in the applicable zoning district or twenty thousand (20,000) square feet and two hundred (200) feet of frontage, whichever is greater. For a Type II convenience use, the minimum parcel size shall be the minimum lot size in the applicable zoning district or forty thousand (40,000) square feet and two hundred (200) feet of frontage; whichever is greater.

(E)

Clearance of Pumps For a Type II convenience use, pump islands shall be located no closer than fifty (50) feet from the street right-of-way.

(F)

Walls

(1)

A buffer shall be established abutting any residentially-zoned property, consistent with Article XII.

(2)

Walls and landscape planting shall be maintained in good repair at all times. No signs may be hung or attached to the wall.

(G)

Parking Parking shall be provided for the Type I convenience uses consistent with Article XIII. Parking for Type II convenience uses shall be additive for the combined uses on the site, consistent with Article XIII.

(H)

Outdoor Displays Outdoor displays of merchandise or promotional items shall be prohibited.

(I)

Hours of Operation Convenience stores (Type I and Type II) which are located within two hundred (200) feet of a residentially-zoned property shall be closed between the hours of 11:00 p.m. and 6:00 a.m.

(J)

Utility Connections All Type I and Type II convenience stores shall be served by public sewers prior to occupancy of the building.

(A)

Required

(1)

No alcoholic beverages shall be manufactured, distributed or sold within the City, except by a person, business or establishment holding a valid alcoholic beverage license issued by the Florida Department of Business and Professional Regulation permitting the sale of such beverages.

(2)

Each license shall be valid and operative for only the place of business described in the license, and no alcoholic beverages shall be permitted to be sold except at such place consistent with the state license.

(B)

Application A person, business or establishment proposing to manufacture, distribute, or sell any alcoholic beverages within the City shall provide evidence that he/she/it holds, or will hold a valid and current state alcoholic beverage license and shall demonstrate compliance with this LDC.

(C)

Classifications

(D)

Approval Authority

(1)

The Land Use Administrator, or designee, may approve Class I, II, III and IV businesses or establishments. If a Class I, II, III or IV business or establishment is denied by the Land Use Administrator or designee, the business or establishment may file a written appeal to the City Council.

(2)

The City Council may approve, by majority vote Class V businesses and establishments, subject to the distance requirements in Section 5.6(E). In determining whether a Class V business or establishment is in the general welfare of the City, the Council shall consider at least the following:

(a)

Land Use Compatibility and Conformance with this LDC. The proposed business or establishment must conform to the general character of the surrounding area and with the requirements of this LDC.

(b)

Access and Parking. The proposed site where the business or establishment is proposed to be located must have safe and adequate access and sufficient parking.

(c)

Existing Number of Similar Businesses or Establishments. There shall be no more than one (1) Class V business or establishment for every two thousand five hundred (2,500) residents.

(E)

Distance Requirements

(1)

There shall be no Class V business or establishment within one thousand (1,000) feet of any other Class V business or establishment unless the City Council finds that such use would be appropriate at the location and approves such business or establishment at that location.

(2)

No Class II or V business or establishment shall operate or be located within one thousand (1,000) feet of an established church or within two thousand (2,000) feet of a public school or private school as defined by F.S. § 1002.01, or its successor provision(s).

(3)

The distances required in this section shall be measured according to the shortest distance from property line to property line except for uses located within shopping centers as permitted by the LDC which uses shall be subject to the provisions of Subsection 5.6(E)(1) and which distances, within the shopping center, shall be measured by the shortest practicable distance traveled by a pedestrian from the entrance of the business to the entrance of the other use to which the separation applies.

(4)

Whenever a Class II or Class V business or establishment has been approved for a specific location, and thereafter a church or school is established, the establishment of the school or church shall not be cause for revocation of the classification of the existing Class II or Class V business or establishment.

(F)

Incidental Uses

(1)

Class III businesses or establishments may be permitted as an incidental use or activity in an approved establishment where the primary or principal use of such establishment is recreational, sports, amusement, entertainment, and personal services (including massage and cosmetology services) as well as limited retail uses (including restaurants) as determined by the Land Use Administrator and provided that such establishment is compliant with all applicable City Codes, ordinances and policies.

(2)

Class IV and Class V businesses or establishments may be permitted as an incidental use or activity in an approved bona fide restaurant seating not less than forty-five (45) patrons.

(G)

Reserved.

(H)

Compliance with State Licensing Requirements and Regulations All businesses holding a certificate under this article shall comply with the regulations and licensing requirements of the state.

(I)

Conduct of Business; Maintenance of Premises All businesses holding a certificate under this article shall be conducted in an orderly manner and not allowed to become a nuisance in any respect; shall be kept in a clean and sanitary condition; and shall be subject to inspection at all reasonable hours.

(J)

Fee The City Council shall establish by resolution any fees for certificates under this article.

(K)

Revocation Upon cause being shown by competent and substantial evidence, the City Council may revoke a certificate issued under this article after notice to the business and a public hearing before the Council if such hearing is requested.

(Ord. No. 1491, § 3, 6-7-10; Ord. No. 1497, § 3, 9-20-10; Ord. No. 1677 , § 4, 11-5-18)

(a)

For the purposes of this section, the term "outdoor display or storage" means that an item is not located under a fixed awning, canopy, roof, marquee, overhang or similar approved structure attached to a building. Outdoor display or storage may include, but not be limited to, car lots, car sales, plant and garden nurseries, agricultural ventures, new building supplies, vehicle storage facilities, repair shops, mower or tractor displays, residential garage sales and other types of businesses and activities which are found to be similar in nature, character and use by the Land Use Administrator based upon an application of sound and generally accepted land use planning practices and principles.

(b)

Unless specifically permitted by a site plan, site development order, development agreement, special event permit or other appropriate approval by the Land Use Administrator or the City Council, the outdoor display or storage of any item related to retail sales and services, miscellaneous business and services, commercial amusements, wholesale, storage or manufacturing activities or any other use similar in type or nature, regardless as to whether conducted for profit or not, is prohibited and unlawful.

(c)

Drop-off boxes for the collection of donated clothing, furniture and miscellaneous items, whether owned or maintained by private business ventures or by charitable organizations are activities which are hereby found to be outdoor display or storage and such activities are prohibited and unlawful on public or private property unless specifically permitted by a site plan, site development order, development agreement, special event permit or other appropriate approval by the Land Use Administrator or the City Council.

(d)

Use of a camping trailer, recreational vehicle, semi trailer, trailer, travel trailer, truck camper, truck trailer, single unit truck or motor home, for storage purposes on any lot or premises in the City is prohibited and unlawful unless approved by a site plan, site development order, development permit or other appropriate approval by the Land Use Administrator or City Council.

(e)

Portable storage units that are designed to be delivered to and removed from premises as shipping containers or other appropriate purposes are allowable as a means of temporary storage associated with a move or relocation within any residentially zoned districts within the City for a time period not to exceed fifteen (15) days in any calendar year unless specifically approved as an authorized temporary use for a longer period of time by the Land Use Administrator or City Council. Portable storage units that are designed to be delivered to and removed from premises as shipping containers or other appropriate purposes are allowable as a means of temporary storage within any commercial, industrial, or commercial mixed use zoning district within the City for a time period not to exceed ninety (90) days in any calendar year unless specifically approved as an authorized temporary use for a longer period of time by the Land Use Administrator or City Council. Portable storage units shall be placed on a durable, all weather surface, and shall not be located in any fire lanes, adjacent to fire hydrants or fire department connections, pedestrian ways, or parking spaces required to meet the minimum standards for the site.

( Ord. No. 1545, § 2, 8-20-12 )