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ORDINANCE # 2014-25

An Ordinance of the Board of County Commissioners of Osceola County, Florida; Amending Chapter 2, “Development Processes & Procedures”, Table 2.1 “Summary of Review Applications and Procedures by Reviewing Body”, Section 2.3.2 “Other Reviews”, Section 2.5.3 “Major Deviations” of the Osceola County Land Development Code; Amending Chapter 3, “Performance and Siting Standards”, Subsection 3.2.1(D) “Agricultural Development Standards”, Table 3.4 “Use Table, Section 3.8.1 “Commercial Uses” of the Osceola County Land Development Code; Amending Chapter 8 “Subdivision Regulations”, Subsection 8.6(F)(12) “Cul-de-sacs”; Providing for Severability; Providing for Conflict; and Providing for an Effective Date.

WHEREAS, in accordance with the Local Government Comprehensive Plan and Land

Development Regulation Act, Chapter 163, Florida Statutes, as amended, Osceola County enacted Ordinance 00-32, which adopted the Osceola County Land Development Code; and

WHEREAS, subsequent to the effective date of the Land Development Code, it has been determined that amendments are warranted in order to better serve the community and to ensure compliance with the Osceola County Comprehensive Plan; and

WHEREAS, in accordance with the provisions of Section 125.66, Florida Statutes, the

Board of County Commissioners conducted a public hearing to consider the amendments, with due public notice having been provided; and

WHEREAS, having reviewed and considered all comments received during the public hearings, the Board of County Commissioners desires to amend sections of the Land

Development Code and Code of Ordinances.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA:

SECTION 1. AMENDMENT.

This ordinance amends Chapter 2, “Development Processes & Procedures”, of the

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Osceola County Land Development Code, as follows:

Chapter 2

DEVELOPMENT PROCESSES & PROCEDURES

Article 2.1 – Applicability and General Application Procedures

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Table 2.1 Summary of Review Applications and Procedures by Reviewing Body Reviewing Development Application Notes Body 1 1 Admin • Alternative Parking Arrangements Prior to issuance of a building permit • Agricultural Stands • LDC Compliance Determination

• Benchmark Permit

• Code Interpretation • Concurrency Review • Driveway Permit • Performance Criteria Deviation (15% or

less)

• Expansion of a non-conforming use • Flood Permit • Home Occupation Permit • Land Alteration Permit • Level 1 School Site Plan Compliance • Lot Split or Aggregation • Minor change to PD • Minor Subdivision • Site Development Plan • Preliminary Site Development Plan and Amendments (including previously approved CDPs and EIPs) • Research with written response • ROW Utilization Permit • Sign Permit • Small Soil Excavation Permit • Transfer of Development Rights (TDR) Receiving Site Approval • Vested Rights Determination • Village Infill Development • Zoning Determination

1 DRC • DRI Annual Report including Modeling Every 1 to 2 years after DRI and Monitoring Reports 1 approval to confirm compliance • Habitat Conservation Management with conditions of an approved 2 development order Plans (HCMP) 2 When there are listed species • Those items that require a present on a site recommendation to the PC or BOA 3 Prior to issuance of a building 3 • Level 2 School Site Plan Compliance permit for school 2 of 14 CODING: Underscore indicates addition; strikethrough indicates deletions.

3 • Medium Soil Excavation Permit Prior to issuance of a building • Preliminary Subdivision Plan permit for a non-single family residential construction • Cell/ Communication Tower Review 4 Preliminary Review of the TDR to • Transfer of Development Rights 4 confirm eligibility and availability (TDR)Preliminary Review of TDR Credits. 5 5 • Concept Plans Inside a Conceptual Master Plan

1 1 BOA • Variance Deviation more than 15% from 2 • Conditional Use performance criteria (eg. height, lot, or setback requirement, etc.) 2 When use requires special conditions for safety, & welfare 1 PC • Administrative Decision Appeals To establish a new use or change • Any item requiring a PC of use, where a public hearing by recommendation to the BCC 1 the Planning Commission is

• Level 3 School Site Plan Compliance required • Major amendment to a Planned Development

1 BCC • Planning Commission Decision Appeals For developments consistent with • Any items statutorily required to be Florida Statutes 2 heard by the Board 1 When a change of zoning is

• Planned Developments needed to establish a new use or • Conceptual Master Plans change of use 2 • Zoning Map Amendments (ZMA)

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2.3.2. OTHER REVIEWS Any application that is required to be reviewed by both the Planning Commission and the Board of County Commissioners shall receive a substantive recommendation from the Planning Commission prior to being heard adoption by the Board of County Commissioners. In the event of a tie vote at the Planning Commission, a recommendation of denial shall be submitted to the Board

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of County Commissioners which indicates a tie vote. As used herein, a motion to continue a matter by the Planning Commission shall not be considered a substantive recommendation.

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2.5.3 MAJOR DEVIATIONS Major deviations may be approved by the DRC or require the applicant to resubmit as a new application along with associated fees. It shall be considered a Major Deviation if the change is not found to be minor or if it adds land or adds new uses, or if it changes development standards or access on the perimeter of the property. The applicant shall submit a revised Site Development Plan for review by the County. It shall be the applicant’s responsibility to provide as-built plans to document the changes to the approved plan, and a Certificate of Occupancy or Certificate of Completion shall not be granted until as-built plans are submitted. In addition, the County Manager may:

A. Issue a stop work order and refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the County determines that work or occupancy may proceed pursuant to its decision; or

B. Refer the matter to Code Enforcement, if it appears that the applicant has committed violations of the Code. C. Major Amendments to a Planned Development Major amendments are all amendments that are not considered to be Minor. Major amendments are required to proceed through the review process as if they were a new application Major amendments may include but are not limited to: 1. Uses not previously permitted under the approved Master Use Plan; 2. Proposed use change adjacent to a property boundary; 3. Flexible standards not previously identified in the adopted Master Use Plan and or PD; 4. A change that would amend a Condition of Approval; 5. A change in an exterior access that may affect an adjacent property owner and that was not deemed minor; 6. A change that would result in a decrease /increase in the maximum density/intensity over 15% of that identified in the Master Use Plan / Narrative. ***

SECTION 2. AMENDMENT.

This ordinance amends Chapter 3, “Performance and Siting Standards”, of the Osceola

County Land Development Code, as follows:

Chapter 3

PERFORMANCE AND SITING STANDARDS Page 4 of 14 CODING: Underscore indicates addition; strikethrough indicates deletions.

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Article 3.2 District Development Standards

*** 3.2.1 RURAL/AGRICULTURAL DISTRICT DESCRIPTIONS

*** D. Agricultural Development Standards

Standards AC RS ARE Maximum residential 1 du per 5 2 du / 1 ac 1 du per 5 density acres acres Area, minimum (acres) 5 acres 1 0 .25 ac 1 acre Lot width at front building N/A N/A N/A line Building height for 3 stories 3 stories 3 stories residential structures Front setback 25 10 10 Rear setback 25 25 25 Interior side setback 20 10 10 Street side setback 25 15 15 Accessory buildings, from 5 5 5 principle structure2 N/A = not applicable 1 Lots as small as 0.25 acre may be permitted, upon approval by the County Manager, for up to three two 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 5’ behind the front entry of the principle structure and a minimum of 5’ from rear and side property lines. Accessory structures such as but not limited to garages, sheds, carports, granny flats, or barns are exempt from this requirement.

*** Table 3-4 Use Table Table 3-4

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Table 3-4 - Use Table IR IG IN RS CT EC US IM

Specific Uses AC CG CO CN LDR ARE RPB HDR MDR US-M MDR - M

Agricultural Use Categories Agricultural Stands* P P P P P P Agri-tourism Activities* P P Areas for Display of Agricultural Product Excludes Equipment P P P P P P P P P Aviaries* P P A A A A Commercial Kennels or Stables or Similar Boarding Facilities Including Breeding* P P CU A P P P Community Gardens* P P P P P P P P P P P Dairy Farms P P Forestry Operations P P P Greenhouse or Nursery (Commercial)* P A P A A P P P P P Groves and Farms P P P P P P Hunt Camps* P P P Livestock / Grazing Animals P P P A A P Packing Houses* P P P P Propagation of Insects P P P P P P Sawmills* P P P P P Slaughter Houses* CU P P Structures for Equipment Storage for Bonafide Agricultural Activities P P P A A P Structures for Housing Livestock, or Agricultural Product P P A A A A P Waste Related Services* A P P P P Water Bodies for the Propagation of Marine Foods* P P P P P P P P P Residential Use Categories AC RS ARE US US-M LDR MDR MDR-M HDR RPB CG CT CO CN EC IR IG IM IN Accessory Living Unit / Guest Home / Temporary Residence* A A A A A A A A A A A Ancillary Uses Incidental to the Primary Structure* A A A A A A A A A A Community Residential / Group Home * P P P P P P P P P P P Dormitory, Fraternity, Sorority* P P P Dwelling or Quarters for Agricultural Employees A A A Home Occupations* A A A A A A A A A A Modular Home P P P P P P P P P P Mobile Home* P P P P P Model Home* P P P P P P P P P P Multi-Family Dwelling P P P P P P Nursing Home / Assisted Living* P P P P P P P P P P P P P P P P P Residential Over Commercial P P P P Seasonal Sales Lot * Single Family Attached Dwelling P P P P P P P P P P P P Single Family Detached Dwelling P P P P P P P P P P P* P Vehicle Repair in Residential Districts* A A A A A A A Institutional Use Categories AC RS ARE US US-M LDR MDR MDR-M HDR RPB CG CT CO CN EC IR IG IM IN Airport CU CU Aircraft Landing Field* P P P Bus or Train Station* P P P P P P P P P P P P P P P P P P P Cemeteries* P P P P P P P P P P P ***Communication Towers* P P P P P P P P P P Correctional Facility* CU P P Educational Facilities (Private)* P P A A A A A A A P P P P P P P P P Government Buildings and Facilities P P P P P P P P P P P P P P P P P P P Hospital / Health Institute P P P P P P P P Helicopter Landing Pad* A A A A A A A A A A A Houses of Worship * P P P P P P P P P P P P P P P P P P Parks, Playgrounds P P P P P P P P P P P P P P P P P P P Pet Rescue* P P P P P P P P P P Utility Plants* P P P P Utility Support Substations* P P P P P P P P P P P P P P P P P P P Wind Farms* P P P P P P P P P P P P P

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Commercial Use Categories AC RS ARE US US-M LDR MDR MDR-M HDR RPB CG CT CO CN EC IR IG IM IN Amusement or Theme Park P P P P P P Auto Leasing (Passenger Vehicles Only) P P P P P P P Bed and Breakfast * P P P CU CU P P P Big Box Retail Stores P P P P P Campgrounds* P P P P P Cocktail Lounge or P P P P P P Construction Trailers / Temporary Office* A A A A A A A A A A A A A A A A A A A Convenience Retail with Gas Pumps* P A P P P P P P Dance, Karate, Art or Similar Afterschool Care Studio A A P P P P P P Daycare / Adult Daycare* P P P P P P P P P P P P P P P Entertainment Complexes P P P P P Flea Market (Open Air)* P P Food and Beverage Sales P A P P P A P P P P Food Truck/Lunch Truck* P P P P P P P P Golf Driving Range* P P P Gun Range (Indoor) P P P P P P P P Gun Range (Outdoor) P P P Gym or Fitness Training P P P A P P P P Hotel / Motel P P P P P Marina (Commercial)* CU CU P P P P Marina (Public)* P P P P P P P Marina (Recreational)* CU CU CU CU CU P P CU Membership Organizations P P P P P P P P P P P P P P P P P Offices and Professional Services P P P P P P P P P P Outdoor Display A A A A A A Public Fairground P P P Recreational Facilities (Commercial) P P P P P P P Restaurant A P P P A P P P P P A Restaurant with a Drive Thru* P P P P P Retail Sales and Services A P P P A P P P P P Self Service Ice House* P P P P P P P P Service Station* P P P P P P P P Special Event* P P P P P P P P P P P P P P P P P Storage / Warehousing * P P P P P Vehicle Sales/Lease and Service P P P Vehicle Repair in Commercial Districts* P P P Vehicle Self Storage A A P A Zoo CU P P P Industrial Use Categories AC RS ARE US US-M LDR MDR MDR-M HDR RPB CG CT CO CN EC IR IG IM IN Adult Entertainment / Media* P Asphalt or Concrete Batching Plant or Pug Mill* P P P Building Supply and Lumber Sales P P P P Experimental Lab P P P P P Fertilizer or Feed Plants P P P P Heavy Industrial P P Junk, Salvage or Recycled Metal Yards P P Landfill* CU CU Manufactured Mobile Home Sales P P P Materials Recovery, Recycling and Composting P P P P Outdoor Storage Yard* P P P Package Treatment Facility P P P Pain Clinic (PMC)* CU Parking of Trucks, Recreational Vehicles and Trailers* A P P P Renewable Energy Creation / Manufacturing, Research* P P P P P P P Solid Waste Transfer Station P P P Wholesaling, Warehousing, Storage and Distribution P P P P P IR IG IN RS CT EC US IM

Specific Uses AC CG CO CN LDR ARE RPB HDR MDR US-M MDR - M

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 Blank- Prohibited Use * - Specific Use that has Siting Standards *** 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. Page 7 of 14 CODING: Underscore indicates addition; strikethrough indicates deletions.

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Article 3.8 Commercial Uses Siting Standards

3.8.1 COMMERCIAL USES

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

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: churches, 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: Only be permitted as an accessory use. a. Be placed such that the location and extent of the facility shall not adversely affect the character of the surrounding developmentexisting neighborhood. 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 a.m. and 7 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.

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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 15 children shall have direct access onto a collector (avenue),, arterial (boulevard), or framework streets in conformance with other provisions of this Code.

*** 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: 1. Operator shall obtain a special event permit that shall only be permitted on private property. 2. Operate no later than 10 pm on weekdays, Sunday to Thurs., midnight on weekends, Friday and Saturday. 3. No permitted sale of alcoholic beverages. 4. No temporary structures or stages permitted. 5. Provide notarized letter from the property owner of record or authorizing agent granting permission to use the property for such use. 6. Provide all parking on private property ensuring that the required spaces for the primary establishment are available. 7. Provide and place in full view copies of all required state licenses. 8. Location of refuse collection and sanitation facilities shall be provided to the County prior to operation.

Lunch Trucks: 1. Lunch Trucks are allowed in non-residential zoning districts and construction sites, regardless of the zoning district, for no more than 30 minutes in any six (6) hour period, unless otherwise approved through a Special Event permit. 2. Shall only be permitted on private property with the property owner’s consent. 3. No permitted sale of alcoholic beverages. 4. No temporary structures or temporary signs permitted. 5. Provide and place in full view copies of all required state licenses.

*** L. Self-Serve Ice Buildings Self-service ice buildings are permitted as indicated in the Use Tables subject to the following: 1. Shall not exceed 400 square feet in footprint area. 2. Shall not exceed 15 feet in overall height as measured from the grade at the base to the top of the structure. This does not include the screening for mechanical equipment. Page 9 of 14 CODING: Underscore indicates addition; strikethrough indicates deletions.

3. Shall meet the required setbacks of the principal building(s) on the parcel and shall not be placed greater than 50 feet distance from the principal building unless deemed necessary by the County Manager. 4. If accessory, structure the Ice House 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. If the Ice House is a principal use on the property, it shall meet the required commercial SDP criteria.

M.L Service Stations Service Stations with or without a fuel sale or convenience retail component is permitted as indicated in the Use Tables subject to the following: 1. The use shall have direct access to a collector (avenue),, arterial (boulevard), or framework street. 2. All repair services shall be performed within a completely enclosed building. 3. All storage of vehicles awaiting service shall be within the building or in a yard completely screened from off-site view. 4. All damaged or non-operable items shall be stored indoors until removed from the premises. 5. A service station shall store all vehicle parts within a completely enclosed building. 6. Where the use abuts residentially zoned property, a minimum “Medium” buffer shall be provided. The buffer, buffer wall and Landscaping shall be in accordance with other provisions of this Code. 7. All service stations abutting residentially zoned property shall use the similar architectural style and materials (excluding windows) consistent with residential use. 8. If canopies are provided over the pump islands at gas stations, service stations and convenience stores they shall meet the setback requirements of a principal structure. 9. The canopy shall not block visibility at intersections of rights-of-way or drives. 10. All pump islands, their surrounding structures and the canopy support structures shall meet the zoning district’s yard requirement for building setbacks.

N. Single Family Residential in Commercial Tourist (CT) zoning designations Single family residential uses shall be permitted as indicated in the Use Table 3.4 subject to the following: 1. Product criteria: For those areas that are within ½-mile of U.S. 192 (Irlo Bronson Memorial Highway), residential development shall have a predominance of attached product. 2. Parking requirements: a. Each single family residential dwelling shall have a minimum of one (1) parking space per each bedroom in the home up to four bedrooms and an additional one- half (.5) parking space for each bedroom over four with a minimum of two (2) parking spaces for attached units and a minimum of four (4) parking spaces for detached units.

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b. Parking spaces may include garage, carport and driveway spaces or the unit may be authorized through alternative parking arrangements to have on-street parking or other approved off-site parking. c. Parking areas shall be properly maintained and available for use at all times. 3. Refuse/Trash requirements: a. Refuse/Trash collection receptacles shall be secured/closed at all times. b. There shall be a common Refuse/Trash collection system such as a dumpster and/or a trash compactor located on the site and it shall be in compliance with dumpster enclosure regulations contained herein. c. If alternative Refuse/Trash daily collection by management/maintenance entity is proposed item “b” may be waived by County Manager.

O. M. Special Event Private residences are exempt from the provisions of this regulation. The following standards shall apply: 1. A special event shall be limited to between the hours of 7 a.m. and 9 p.m. Sunday through Thursday, and 7 a.m. and 11 p.m. on weekends and holidays, unless otherwise approved by the County Manager prior to the event. 2. The amount of noise generated shall be in compliance with the County noise Ordinance. 3. All parking provided shall be on-site, unless the Sheriff’s Office determines that public safety concerns are adequately addressed for off-site parking. 4. All trash and debris shall be removed when the event is over and/or when the use permit expires and site returned to its pre-existing condition. 5. All required electrical permits for event shall be obtained by a licensed electrical contractor. 6. A letter of approval for the event shall be obtained from the Fire Marshall and / or the Health Department should portable toilets be used, prior to the event. An on-site fire extinguisher(s) shall be located within seventy-five feet of any portion of the tent facility. 7. Written consent from the owner, or authorized agent of the property shall be obtained prior to the issuance of a permit. 8. A Special Event Permit shall only be granted if staff finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic. Utilization of off-duty police, sheriff or Highway Patrol officers to direct traffic may be required. Cost of providing same to be incurred by the operator of the special event. In cases where it is deemed necessary, the County Manager may require the applicant to post a bond to ensure compliance with the conditions of the special event permit. 9. In cases where the County Manager deems it necessary, the applicant may be required to provide special event insurance coverage up to a limit of $5,000,000 per occurrence. 10. If the applicant requests the County to provide extraordinary services or equipment or the County Manager otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the County a fee sufficient to reimburse the County for the costs of these services. Page 11 of 14 CODING: Underscore indicates addition; strikethrough indicates deletions.

11. Display or Meeting Tent requests shall adhere to the following criteria in addition to the above: a. The use permit may be granted for forty five (45) days, per lot and may be extended up to ninety (90) days by the County Manager b. When a display/meeting tent is used in conjunction with a seasonal sales lot, only a seasonal sales lot Permit shall be required (a separate display/meeting tent/special event permit shall not be required).

P. N. Storage / Mini warehouse Such uses shall be permitted as indicated in the Use Tables subject to the following: 1. Such facilities shall front on collector (avenue), arterial (boulevard), or framework streets. Such facilities shall be designed so that warehouse doors are not visible from these facilities. 2. Such facilities shall be used only for dead storage of materials or articles and shall not be used for assembly, fabrication, processing or repair. 3. No services or private sales shall be conducted from any storage unit. Garage sales and/or flea market type activities are prohibited. Nonprofit organizations may be authorized by special event permit to hold fund raising events if the owner of the property authorizes such use in writing. 4. Facilities shall not be used for meeting rooms, or residents except for as provided for in this Code. 5. No exterior storage shall be permitted. 6. Storage of explosive or highly flammable material shall be prohibited. 7. Facility shall use the similar architectural style and materials (excluding windows) consistent with residential use, if located adjacent to a residential use.

Q. O. Ticket Sales Ticket sales may only be provided to the public within a principal building; sales from ancillary buildings are prohibited.

R.P. Vehicle repair in non-residential districts Vehicle repair facilities are permitted as indicated in the Use Tables subject to the following: 1. A vehicle repair garage shall include no more than four (4) service bays facing the primary access road. This requirement does not apply to those repair facilities that are located in Industrial zones. 2. All tires, barrels, discarded auto parts, and other outdoor storage of materials used or sold on the premises must be screened from view from adjacent properties and streets by a medium buffer as defined herein. 3. The repair of vehicles, including auto body work is permitted, however all work on the vehicles must be performed within an enclosed building. 4. Compliance with all other federal and state codes and ordinances as it pertains to vehicle repair and the disposal of byproduct is required. 5. The only vehicles which may be stored outside in connection with an auto repair business are: a. Customer vehicles awaiting service may be stored outside for a period not to exceed two months and a work order or some other written proof must be provided to show that the vehicle is awaiting service. b. Employees’ personal vehicles used for travel to and from work. Page 12 of 14 CODING: Underscore indicates addition; strikethrough indicates deletions.

c. A vehicle used in connection with the auto repair operation, such as a wrecker.

S.Q. Veterinary Clinic Veterinary Clinics are permitted as indicated in the Use Tables subject to the following: 1. If completely enclosed with four solid walls, buildings housing animal hospitals or veterinary clinics shall be located no closer than fifty (50) feet from any adjacent residentially zoned property. Buildings housing animal hospitals or veterinary clinics, which are not fully enclosed, shall be located no closer than one hundred fifty (150) feet from any adjacent residentially zoned district. 2. Exercise areas shall be no closer than one hundred (100) feet from any dwelling unit on adjacent property and seventy-five (75) feet from any residentially zoned property with the exception of farm animal grazing areas containing a density of less than three farms animals per acre. Such grazing areas may be located anywhere on the lot. The operator of the animal hospital/veterinary clinic shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise. 3. If any overnight boarding activities are done on site they must follow the commercial kennel standards included herein.

T.R. Zoo Zoo facilities are permitted as indicated in the Use Tables and must adhere to all state regulations.

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SECTION 3. AMENDMENT.

This ordinance amends Chapter 8, “Subdivision Regulations”, Subsection 8.6(F)(12)

“Cul-De-Sacs” of the Osceola County Land Development Code, as follows:

Chapter 8

SUBDIVISION REGULATIONS

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8.6 DESIGN STANDARDS *** F. STREETS ***

12. CUL-DE-SACS

Cul-de-sacs shall be provided with a paved turn-around with a minimum radius of 36 feet. The radius of the right-of-way shall be a minimum of 50 feet . Cul-de-sacs shall have a maximum length of 800 feet; however, the Planning Board Board of Adjustment may approve cul-de- sacs over 800 feet in length to serve odd-shaped parcels land which cannot be developed in any other manner, provided that no more than 30 dwelling units shall front on any cul- de-sac street. A Page 13 of 14 CODING: Underscore indicates addition; strikethrough indicates deletions.

12"x 8" concrete ribbon curb shall be placed around the perimeter of the cul- de-sac on rural sections flush with the surface of the pavement. In case of phased development, temporary cull- de- sac shall be provided if more than 5 houses access dead end road/stub-out. These construction cull-de-sacs shall be paved and posted for safe running of emergency vehicles.

SECTION 4. SEVERABILITY.

If any provision of this Ordinance, or the application thereof, is for any reason held or

declared to be unconstitutional, inoperative, void or invalid, such holding shall not affect

provisions or applications of this Ordinance which can be given affect without the invalid

provisions or application, and to that end, the provisions of this Ordinance are declared

severable.

SECTION 5. CONFLICT.

Any Ordinance or part thereof, and/or any resolution, or part thereof, which is in conflict

with this Ordinance or part hereof is hereby repealed to the extent of the conflict.

SECTION 6. EFFECTIVE DATE.

This Ordinance shall become effective immediately upon its adoption by the Board of

County Commissioners.

BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA

By:______Chairman/Vice Chairman

ATTEST: OSCEOLA COUNTY CLERK OF THE BOARD

By:______Clerk/Deputy Clerk of the Board

As authorized for execution at the Board of County Commissioners meeting of:

______

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