ZONING ORDINANCE - City of Orlando · Permitted and Conditional Uses 13 District Regulations 14 ... Point of Sale Signs 118 Billboard Signs 121 ... deed or other private agreement

City of Orlando, Florida

ZONING ORDINANCE

Based on Chapter 58 of the Code of the City of Orlando

Printed in July 1972 including amendments through May 30,1972

Subsequent amendments added:

Document No. 10668 8-21-72 Document No. 10885 12-4-72 Document No. 10886 12-4-72 Document No. 10925 12-26-72 Document No. 11176 5-21-73 Document No. 11305 7-30-73 Document No. 11306 7-30-73 Document No. 11315 8-6-73 Document No. 11413 10-1-73 Document No. 11564 12-10-73 Document No. 11568 12-10-73 Document No. 11613 1-14-74 Document No. 11708 3-4-74 Document No. 11779 4-15-74 Document No. 11824 5-6-74 Document No. 11825 5-6-74 Document No. 12018 8-19-74

TABLE OF CONTENTS

ARTICLE I

In General ~

Basis for Regulations, -- Purpose and Scope 1

Establishment of Districts, District Boundaries on Zoning Map and Restrictions upon Lands, Buildings and Structures

R-U Rural Urban Dwelling District

Zone Commission 1 Definitions 2

ARTICLE II

Establishment of Districts 10 District Boundaries and Restrictions 11

ARTICLE III

Permitted and Conditional Uses 13 District Regulations 14

ARTICLE IV

R-1AA and R-IA One Family Dwelling Districts

R-1 One Family Dwelling District

R-2 One and Two Family Dwelling District


ARTICLE V


ARTICLE VI


ARTICLE VII

R-3 Multiple Family Dwelling District


TABLE OF CONTENTS

ARTICLE VIlA

R-3A Special Multiple Family Dwelling District

Permitted Uses 28

R-4 Multiple Family Dwelling District

C-l A Limited Commercial District

C-l Neighborhood Commercial District

C-2 General Commercial District

C-3 Wholesale Commercial District

C-4 General Commercial-Industrial District

District Regulations 28

ARTICLE VIII


ARTICLE IX


ARTICLE X


ARTICLE XI


ARTICLE XII

Permitted Uses 47 District Regulations 50

ARTICLE XIII


TABLE OF CONTENTS

ARTICLE XIIIA

1-1 Restricted Industrial District

Permitted and Prohibited Uses 56 District Regulations 58

ARTICLE XIIIB

1-2 Industrial Park District


ARTICLE XIIIC

1-3 Industrial Park District


ARTICLE XIIID

1-4 General Industrial District


ARTICLE XIIIE

1-5 Airport Industrial District


ARTICLE XIV

Performance Standards

Noise, Vibration, Smoke, Dust,and Dirt, 73 Industrial Sewage, Waste, Odors and Glare, Fire and Safety Hazards

TABLE OF CONTENTS

ARTICLE XV

Off-Street Parking and Loading Regulations

Definitions and Off-Street Parking Requirements 75 General Provisions 78 Landscaping Requirements 81 Off-Street Loading and Unloading Regulations 85

ARTICLE XVI

Nonconforming Uses

General Provisions 87

ARTICLE XVII

General Provisions and Exceptions

Conditional Uses in C-lA, c i and C-2 Districts 88

Yard Requirements on Double Frontage Lots, Public Alley and

Heights of Chimneys, Church Spires, Domes, Cooling Towers,

Town House Development as Conditional Use in R-3 District 89 Front Yard Exceptions in Dwelling Districts 91 Effect of Established Setback Lines 91 Substandard Lots of Record 91 Setback Measurement 91 Automobile Service Station Requirements 91 Location of Accessory Buildings and Fallout Shelter Regulations 92

Corner Lots 93

Flag Poles, Smoke Stacks, etc. 93 Location and Heights of Walls, Fences and Structures 94 Commercial Vehicle Parking - Prohibited 95 Emergency Vehicle Exceptions 95 Disabled Motor Vehicle Storage, Repair, etc. 96 Swimming Pool Regulations 97 Zone of Transition 98 Subdivision of Land 98 Guest Cottages 98

ARTICLE XVIII

Building Setback Lines

Property Line and Centerline Setbacks 99 Limitations on Construction, Alteration, Remodeling of Buildings 115

TABLE OF CONTENTS

ARTICLE XIX

Sign Regulations

Definitions 116

Other Signs 121e Prohibited Signs 121h Non-Conforming Signs 12li Sign Removal 121k

Point of Sale Signs 118 Billboard Signs 121

ARTICLE XX

Board of Zoning Adjustment

Board Composition and Terms of Members 122 Appeals 123 Powers Generally 123

ARTICLE XXI

Zoning Approval

Required Site Plans 126

ARTICLE XXII

General Provisions

Zoning Boundary or Regulation Changes 127 Enforcement of Chapter 127

ARTICLE XXIII

Airport Zoning

Airport Zoning Board 128 Districts, Regulations and Restrictions 130 Airport Zoning Commission 130 Construction and Permits 131 Board of Adjustment 133 Enforcement of Regulations 134

TABLE OF CONTENTS

ARTICLE XXIV

Orlando-Orange County Airport Zoning Regulations

Definitions 136 137 138 139 141

Zones Described Height Restrictions Required Permits Board of Adjustment

Planned Unit Developments

Definitions 143

ARTICLE XXV

Application of Article and Permitted Uses 144 Standards and Criteria 145 Application for Tentative Approval 148

ARTICLE XXVI

Mobile Home Parks

Definitions ISO Application for Conditional Use ISO General Regulations lSI Open Space and Recreational Areas 153 Landscaping 154 Street and Sidewalk System ISS Permitted Non-residential Uses 156

58.01

58.02

58.03

58.04

58.05

58.06

ARTICLE I. IN GENERAL.

Basis for Regulations and Requirements Herein Set Forth.

The regulations and requirements herein set forth have been made in accordance with a comprehensive plan, with resonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the City.

Purpose of Sections 58.01 to 58.168

In their interpretation and application, the provisions of sections 58.01 to 58.168 of this Code shall be the minimum requirements to promote the public health, safety, morals and general welfare; to conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential, business and industrial areas within the City and to promote the orderly and beneficial development of such areas. Among other purposes, such provisions are intended to provide adequate light, air, privacy and convenience of access to property; to avoid undue concentration of population by regulating and limiting the height and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines; to divide the City into districts restricting and regulating therein the construction, reconstruction, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses and to limit congestion in the public streets by providing off-street parking of motor vehicles and to define the powers and duties of the administrative officers and Board of Adjustment as provided herein.

Scope of Sections 58.01-58.168

By sections 58.0 I to 58.168 of this Code it is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the existing provisions of other laws or ordinances, except those specifically repealed by sections 58.01 to 58. I68, or of any private restrictions placed upon property by covenant, deed or other private agreement.

Where sections 58.0 I to 58. I 68 impose a greater restriction upon the use of buildings or land or upon the height of buildings or lot coverage, or requires greater lot areas, larger yards, or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of sections 58.01 to 58.168 shall control.

Zone Commission- -- - -Created.

There is hereby created a Zone Commission for the City.

Same- - - -Composition; Appointment of Members.

The Zone Commission shall consist of seven members of the Municipal Planning Board, who shall be citizens and freeholders of the City, appointed by the Mayor and approved by the City Council.

Same- - - -Term of Members; Filling Vacancies; Removal of Members.

The term of office of members of the Zone Commission shall be three years. Vacancies in the Zone Commission shall be filled by appointment for the unexpired term only, and members may be removed for cause by a majority vote of the City Council.

58.07 Same- - - -Appointment and Compensation of Secretary.

There shall be an Executive Secretary of the Zone Commission who shall be appointed by the Mayor, subject to approval by the City Council, and his compensation shall be fixed by the City Council.

58.08 Same- - - -Compensation; Allowances for Expenses Incurred in Performance of Duties.

Members of the Zone Commission shall receive no compensation for their services, but shall be allowed actual expenses incurred in the performance of their duties.

58.09 Same- - - -Meetings; Quorum; Records to be Kept.

The Zone Commission shall meet at least once every other calendar month in the City ] Doc. No. Council Chambers at a time to be fixed by the members. Special meetings may be called 11779 by the Chairman, and four (4) members shall constitute a quorum. Complete records of 4-15-74 all proceedings shall be kept.

58.10 Same- - - -Duties Generally

The Zone Commisssion shall serve as the Commission provided for under Chapter 9860, Laws of Florida, 1923. It shall collect data and keep itself informed as to the best practices generally in effect in the matter of City planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on City planning and zoning. The commission shall recommend the boundaries of districts and appropriate regulations provided for in Chapter 9860, Laws of Florida, 1923, and shall report its findings to the City Council.

58.10-1 Expiration of Conditional Use.

Conditional uses recommended by the Zone Commission and granted by the City Council in accordance with Section 58.55, 58.64, 58.72-1, 58.79, 58.86 and 58.99 of this chapter or in accordance with any other provisions of Sections 58.53 to 58.169 of this chapter shall be subject to the following limitations:

(1) Conditional uses recommended by the Zone Commission and granted by the City Council shall expire six (6) months after the effective date of such conditional use unless the privilege or right granted therein is exercised within the aforesaid six (6) months, except that upon application, the Zone Commission may renew such conditional use for one (1) additional period of six (6) months provided good cause is shown and the application for extension shall be filed with the Zone Commission at least (30) days prior to the expiration of the aforesaid six (6) months period.

(2) Should any right or privilege for the use of property granted by a conditional use be discontinued for a period of more than six (6) months, such right or privilege shall be deemed to have expired and the property previously utilized in accordance with a conditional use shall be subject to the limitations of the City's zoning ordinances as applied to the subject property without the privilege granted by the former conditional use.

Doc. No. 10199 11-22-71

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58.11 Same- - - -Annual Report to City Council

The Zone Commission shall annually make a written report to the City Council giving a resume of its work during the preceding year. In such report it shall also make recommendations as to future projects to be undertaken.

58.12 Same- - - -Assistan ts

Expenditures for all professional and clerical assistants employeed in connection with the performance of the functions of the Zone Commission shall be within the amounts appropriated for such purpose.

58.13 Definitions in General.

Except where specific definitions are used within a specific section or article of sections 58.01 to 58.168 of this Code, for the purposes of such sections the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number,and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(l) Accessory. The term applied to a building or use which is clearly incidental or subordinate to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

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(2) Alley. A public way not more than thirty feet in width, which affords only a ondary means of access to the property abutting thereon.

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(3) Apartment Hotel. A building designed for or containing both apartments and individual guest rooms or suites which may offer such services as are ordinarily furnished by hotels. Tenants may be permanent or seasonal but not transient guests.

(4) Apartment House. See Dwelling, multiple.

(5) Basement. A basement shall mean a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes.

(6) Boardinghouse or Lodginghouse. A dwelling having one kitchen and used for the purpose of providing meals or lodging or both for compensation to persons other than members of the family occupying such dwelling.

(7) Building. Any permanent structures designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind.

(8) Building, Height of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Where no grade has been established the height of the building may be measured from the mean elevation of the finished lot grade at the front of the building.

(9) Bungalow Court. A group of two or more detached buildings under one ownership and management and being serviced as a group by public utilities, each individual building consisting of complete living accommodations for one family.

(l0) Cellar. A cellar shall mean that portion of a building located partly or wholly underground and having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

(lOA) Child Care Centers (foster child homes). A Child Care Center includes any day care center, nursery school or kindergarten or any other facility whatsoever which with or without compensation, cares for one or more children seventeen years of age or under, not related to the operator of the center by blood, marriage or adoption, away from the child's own home for from two to twenty-four hours per day per child. This term shall not be construed to include any center under the jurisdiction of the State Board of Public Instruction or to include any non-public academic school except in regard to children below first-grade level.

(a) Day Care Center. A Day Care Center means a Child Care Center consisting of improved realty, equipment and staff conducted for children up to six years nine months of age for the purpose of providing shelter, food, rest and care with or without compensation from 6:00 A.M. to 6:00 P.M. Such Centers may accept school children under seventeen years before and after school hours.

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(b) Kindergarten (Nursery School). A kindergarten (nursery school) means a ~ Doc. No. child care center consisting of improved realty, equipment and staff, conducted 6900 for children ranging from two years nine months in age through six years nine 9-20-65

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months in age, for the purpose of offering an educational program of di- Jrected, organized play and training at the level of the children's growth and development, and providing shelter, food, rest and care for from two to nine hours per day per child, with or without compensation. .

(c) Family Day Care Home. A Family Day Care Home means a facility for child Doc. No. care in a place or residence of a family, person or persons which receives no 11568 more than five children, including the operator's own children, under seven 12-10-73 teen years of age for the purpose of providing family care and training for such children from two to twenty-four hours per day with or without compensation.

(11) Oinie. A clinic is an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession the practice of which is lawful in the State of Florida.

(12) Oub. Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily carried on as a business.

(13) Decibel. A decibel is a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

(14) Dormitories. A room, apartment or building containing sleeping accommodations which facility is operated for the use of students enrolled in the sponsoring educational institution.

(15) Dwelling. A building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy but not including hotels, lodginghouses or motels.

(16) Dwelling, one family. A building designed for or occupied exclusively by one family.

(17) Dwelling, two family. A building designed for or occupied exclusively by two families.

(18) Dwelling, multiple. A building designed for or occupied exclusively by three or more families.

(18A) Dwellings, town house. A building that has not less than four nor more than ten one-family dwelling units erected in a row as a single building on adjoining lots, each Doc. No. being separated from the adjoining unit or units by an approved masonry party or 6847

8-16-65partition wall or walls, thus creating distinct and concommunicating dwelling units, . such units intended for separate ownership. This definition shall also include such •terms as "row house," "patio house," "court dwellings," "maison-ette," etc.

(19) Family. An individual or two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

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(20) Filling station. See Service station.

(21) Garage apartment. An accessory building with storage capacity for not less than two automobiles, the second floor of which is designed as a residence for not more than one family.

(22) Garage, private. An accessory building or a portion of the principal building, used for the storage of automobiles of the occupants of the principal building. A carport is a private garage.

(23) Garage, public. A building or portion thereof, other than a private or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motor driven vehicles.

(24) Garage, storage. A building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than storage at such storage garage shall be limited to refueling, lubrication, washing, waxing and polishing.

(25) Guest cottage. Living quarters within a detached accessory building located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building and their nonpaying guests; such quarters shall not be rented or otherwise used as a separate dwelling. (See section 58.137).

(26) Guest (tourist) home. A private dwelling in which transient sleeping accommodations are provided for compensation, especially motor tourists or travelers.

(27) Home occupation. Any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided, that all of the following conditions are met:

Only such commodities as are made on the premises may be sold on the premises. However, all such sales of home occupation work or products shall be conducted within a building and there shall be no outdoor display of merchandise or products, nor shall there be any indoor display visible from the outside of the building. No person shall be engaged in any such home occupation other than two members of the immediate family residing on the premises. No mechanical equipment shall be used or stored on the premises in connection with the home occupation, except such that is normally used for purely domestic or household purposes. Not over twenty-five per cent of the floor area of anyone story shall be used for home occupation purposes. No sign shall be used other than one nonilluminated name plate attached to the building entrance, which plate shall not exceed two square feet in area. Each location shall be approved by the Board of Zoning Adjustment. Fabrication of articles such as are commonly classified under the term "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. Home occupations shall not be construed to include barbershops, beauty parlors, tearooms, food processing, restaurants, sale of antiques, commercial kennels, real estate offices or insurance offices.

(28) Hotel. A building or other structure kept, used, maintained and advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay, catering primarily to transient guests, in which ten or more rooms are furnished for the accommodation of such guests, and having or not having one or

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more dining rooms, restaurants or cafes where meals are served to transient or other guests; such sleeping accommodations and dining rooms, restaurants or cafes, if existing, being conducted in the same building or accessory buildings in connection therewith.

(29) Junk yard. An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. Ajunk yard includes an automobile wrecking yard.

(30) Laundry, self-service. A business that provides home-type washing, drying and lor ironing machines for hire to be used by customers on the premises.

(31) Lot. A parcel of land occupied or intended for occupancy by a use permitted in section 58.01 to 58.168 ofthis Code including one principal building together with its accessory buildings, the yard areas and parking spaces required by sections 58.01 to 58.168 and having its principal frontage upon a publicly owned or maintained street or upon an approved place. When a bungalow court is being considered, a lot shall refer to a parcel of land devoted to the individual buildings in such bungalow court.

(32) Lot of record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Clerk of the Circuit Court of Orange County, Florida: or a parcel of land, the deed of which was recorded in the office of the Clerk of the Circuit Court of Orange County, Florida, on or before the effective date of sections 58.01 to 58.168 of this Code.

(33) Lot, corner. A lot abutting upon two or more streets at their intersection.

(34) Lot frontage. The horizontal distance measured along the narrow width of a lot abutting a street right of way.

(35) Lot, interior. A lot other than a corner lot.

(36) Lot. thru. An interior lot having frontage on two parallel or approximately parallel streets.

(37) Lot, reverse corner. A corner lot the street side lot line of which is substantially the continuation of the front lot line of the first lot to its rear.

(38) Lot depth. The depth of a lot is the distance measured in a mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite rear line of the lot.

(39) Lot width. The mean horizontal distance between the side lot lines, measured at right angles to the depth.

(40) Motel. A building or groups of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transien t automobile travelers, and providing for accessory off-street parking facilities adjacent to each unit and having individual unit entrances, opening to the outside. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges and similar appellations.

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(41) Nonconforming use. The use of a building, or portion thereof, or land, or portion thereof, which use does not conform with the use regulations of the district in which it is located.

(42) Noxious matter. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of individuals.

(43) Nursing (convalescent) home. A home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

(44) Octave band. An octave band is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

(45) Octave band filter. An octave band filter is an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

(46) Particulate matter. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or a solid at atmospheric pressure and temperature.

(47) Performance standard. A criteria established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.

(48) Professional offices. Professional offices shall include those vocations in which professed attainments in special knowledge are practiced, as distinguished from mere skills and shall be limited to those professions so classified by the Laws of Florida or determined by decisions of the Supreme Court of Florida, and which are conducted as professions and not as a trade or other business; advertising or business display signs shall be limited to a name plate or nonilluminated sign not to exceed two square feet in area in residential districts. Professional offices do not include offices for the treatment of animals on the premises.

(49) Ringelmann chart and number. A chart described in the United States Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke. A Ringelmann number is the number of the area in the Ringelmann Chart that coincides most nearly with the visual density of emission.

(50) Service station. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs.

(51) Smoke units. Smoke units represent the number obtained by multiplying the smoke density in Rengelmann numbers by the time of emission in minutes.

(52) Sound level meter. An instrument standardized by the American Standards Association for measurement of the intensity of sound.

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(53) Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

(54) Street. A public or private thorofare which affords the principal means of access to abu tting property. This includes lane, place, way or other means of ingress or egress regardless of the term used to describe it.

(55) Street right-of-way line. The dividing line between a lot, tract or parcel of land and a contiguous street.

(56) Structure. Anything constructed, erected or placed, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground and shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters.

(57) Structural alterations. Any substantial change, except for repair or replacement, in the supporting members of a building such as bearing walls, columns, beams, or girders, floor joists or roof joists.

(58) Subdivision. For the purpose of these regulations, a subdivision of land is either: (l) The platter division ofland comprising one acre or more in area, into

lots, sites or parcels; (2) Establishment or dedication of a road, highway, street or alley through a

tract of land by the owner thereof regardless of area; or, (3) The re-subdivisions of land of one acre or more in area, heretofore divided

or platted into lots, sites or parcels.

(59) Swimming pool. Any constructed pool used for swimming or bathing over twentyfour inches in depth or with a surface area exceeding two hundred fifty aquare feet.

(60) Toxic materials. Materials which are capable of causing injury to living organisms by chemical means when present in realtive1y small amounts.

(61) Trailer. Any so-called house trailer and other similar objects, which are designed for use as a place of abode, by one or more persons, both temporary and permanent, irrespective of whether they are actually used for such purpose.

(62) Trailer park. A duly licensed camp, park or other area established to carry on the business of parking or otherwise servicing trailers.

(63) Use, principal. The main use of land or buildings distinguished from a subordinate or accessory use.

(64) Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by a portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building shall be used.

(65) Yard, front. A yard extending across the front of a lot between the side yard lines

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and being the minimum horizontal distance between the street line and the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

(66) Yard, rear. A yard extending across the rear of lot between the side lot lines and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projections of uncovered steps, balconies or porches.On all corner lots the rear yard shall be at the opposite end of the lot from the front yard.

(67) Yard, side. A yard between the principal building and the side line of the lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projections thereto.

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ARTICLE II. ESTABLISHMENT OF DISTRICTS, DISTRICT BOUNDARIES ON ZONING MAP AND RESTRICTIONS UPON LANDS, BUILDINGS AND STRUCTURES.

58.14 Establishment of Districts.

In order to classify, regulate and restrict the uses of land, water, buildings and structures, and to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the corporate area of the City is divided into nineteen districts designated as follows:

Zoning Classification Minimum Site Area Width Ft.

*R-U - Rural Urban Dwelling District *R-l AA - One Family Dwelling District *R-l A One Family Dwelling District *R-l - One Family Dwelling District *R-2 - One and Two Family Dwelling District:

One Family Two Family

*R-3 - Multiple Family Dwelling District: One Family Two Family Three or Four Family Over Four Family, See Section 58.57

*R-3A Special Multiple Family Dwelling District:

*R-4

OCC-IAC-l C-2 C-3 -' C-4 I-I 1-2 1-3 1-4 1-5

One Family Two Family Three or Four Family Over Four Family, See Section 58.61-4 Multiple Family Dwelling District: One Family Two Family Three or Four Family Over Four Family, See Section 58.57 Office Center District limited Commercial District Neighborhood Commercial District General Commercial District Wholesale Commercial District Commercial - Industrial District Restricted Industrial District Industrial Park District Industrial Park District General Industrial Airport Industrial District

one acre 150 10,000 85 7,500 75 6,600 60

6,600 60 7,500 75

6,600 60 7,200 60 7,500 70

85

]6,600 60 7,200 60 7,500 70

100

6,600 60 7,200 60 7,500 70

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Doc No 7197 5-16-66

Doc. No. 8675 3-17-69

Doc. No. =::J 1029925 acres 200

75 acres 35 acres

*The minimum lot depth shall not be less than 110 feet for single family residential lots.

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Doc. No. 7197 5-16-66

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58.15 District Boundaries on Zoning Map.

The boundaries of the various districts are established as shown upon a map entitled: "The Zoning Map of the City of Orlando, Florida", February 4th, 1959 which accompanies and is made a part of sections 58.01 to 58.168 of this Code.* Except where referenced on said map to a street line or other designated line by dimensions shown on the map, the district boundary lines follow lot lines or the center of streets or alleys as they existed at the time of the adoption of sections 58.0 1 to 58.168; but where district lines do not coincide with such lot lines or such street center lines or where it is designated by dimensions, it shall be deemed to be one hundred fifty feet back from the nearest parallel street line.

The "Zoning Map" is supplemented by a Zoning Atlas of 196 sheets, numbered 1 to 196 on which all districts and boundaries shown on the Zoning Map are delineated and identified.

58.16 Restrictions Upon Lands, Buildings and Structures.

(l ) Use. No building or structure shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in sections 58.01 to 58.168 of this Code, or amendments thereto, as permitted in the district in which such land, building, structure or premises is or are located.

(2) 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 established in sections 58.01 to 58.168 of this Code, or amendments thereto, for the district in which such building or structure is located.

(3) Percentage o[1ot occupancy. No building or structure shall be erected nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by sections 58.0 1 to 58.168 of this Code or amendments thereto, for the district in which such building or structure is located.

(4) Density of population. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population that is allowed under the terms of sections 58.0 1 to 58.168 of this Code for the district in which such building, structure or premises is or are located.

(5) Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of sections 58. a1 to 58.168 of this Code, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

(6) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than

"The Zoning Map is not reproduced in this volume, but a copy can be found on file in the office of the Zoning Administrator.

11

one building on one lot except as hereinafter provided.

(7) Minimum lot depth. The minimum lot depth shall not be less than one hundred ten feet for any single family residential lots, and no single family dwelling shall be constructed on any lot having a depth of less than one hundred ten feet in any zoning district.

] 2

ARTICLE III. R-U RURAL URBAN DWELLING DISTRICT

58.17 In General.

The lands included within the R-U Rural Urban Dwelling District are those developed or used predominantly for agricultural purposes and government or public service facilities with single family dwellings as the primary residential use. The sites are intended to be those which would normally have large tracts adjacent or contiguous to residentiallocations.

58.18 Uses Permitted.

No building, structure, land or water shall be used except for one or more of the following uses:

(1) Forests, groves, farms and truck gardening, including the usual farm building structures and livestock.

(2) Nurseries and greenhouses.

(3) Public recreation areas and facilities.

(4) Private clubs, including golf courses and recreational uses, except skeet and gun clubs or commercial amusement enterprises operated entirely for private profit.

(5) Public schools and private educational institutions having a curriculum the same as ordinarily given in public schools. Other schools, not having such a curriculum may be operated, provided, a permit therefore is first obtained from the Board of Zoning Adjustment.

(6)

(7)

(8)

Horne occupations.

Single family dwellings.

Accessory building and uses customarily incident to the above uses not involving the conduct of a business.

IDoc. No. 8782 5-19-69

(9) Commercial riding stables and commercial dog kennels, when located on a tract of land of not less than five acres and provided further that no structure, pen or corral housing animals shall be closer than two hundred feet from any property line.

(10) Roadside stand offering for sale only products which are produced on the premises, provided such structure is set back at least thirty-five feet from the front or side line of the property.

(11) Airports and landing fields.

58.19 Conditional Uses.

When, after review of an application and plans appurtenant thereto and hearing thereon, the Municipal Planning Board finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses:

13

58.20

58.21

58.22

58.23

(1) Churches with their attendant educational buildings and recreational facilities.

(2) Public utilities and public service structures.

(3) Commercial amusement enterprises operated entirely for private profit.

(4) Government service facilities.

(5) Mobile home parks subject also to the regulations prescribed in Article XXVI of this Code.

Building Height Regulations.

No building or structure shall exceed thirty-five feet in height, unless otherwise provided for herein, except boat houses on lake frontages shall not exceed twelve feet in height above the high water line; roof decks may be used as sun decks.

Building Site Area Regulations.

Every lot or tract of land used for any of the permitted uses shall have an area of not less than one acre, except that if a lot has less area than herein required and was of record at the time of the passage of this section, that lot may be used for any of the uses permitted by this article in conformity with the yard and open space requirements for this district. The lot or parcel of land shall have a minimum width of one hundred fifty feet at the building line.

Front, Rear and Side Yard Requirements.

(1) Front Yard: Front yard shall not be less than thirty-five (35) feet in depth, this depth to be measured from the street, road, or highway line to the front of the building.

(2) Rear Yard: Rear yard shall not be less than fifty (50) feet in depth.

(3) Side Yards: Side yards shall be provided on each side of every principal structure of not less than fifteen (15) feet or ten per cent (10%) of the width of the lot, whichever is greater, but such side yard need not exceed twenty-five (25) feet.

(4) Comer Lots: On corner lots, the front line setback of thirty-five (35) feet or more must be maintained but a fifteen (15) foot side line setback shall be permitted on the street side line, provided the corner lot faces the same way as all other lots in the block.

If the building faces the long dimension of the lot or where corner lots face a different thoroughfare than other lots in the block, the thirty-five (35) foot or greater setback must be maintained from both thoroughfares.

Lot Coverage.

Forty per cent (40%) of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon.

14

58.24 Use, Area and Yard Exceptions.

See Article XVII of this chapter as to use, area and yard exceptions.

58.25 Off-Street Parking Regulations.

See Article XV of this chapter as to off-street parking regulations.

15

ARTICLE IV. R-IAA and R-IA ONE FAMILY DWELLING DISTRICTS,

58.26 In General.

The lands included within R-l AA and R-l A One Family Dwelling Districts are developed predominantly with single family dwellings on lots of generous areas. The zone districts are designed to preserve and protect the characteristics of single family use.


No building, structure or land or water shall be used except for one or more of the following uses:

(l) Single family dwellings and their customary accessory uses.

(2) Guest cottages in accordance with the area provisions included in section 58.137 of Article XVII. I Doc. No.

(3) Family Day Care Homes ---.J 11568 12-10-73


(l) When, after review of an application and plans appurtenant thereto and hearing thereon, the Municipal Planning Board finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses.

(a) Churches with their attendant educational buildings and recreational facilities.

(b) Public utility and service structures.

(c) Schools.

(d) Public recreation areas and facilities.

(e) Stadiums, independently, or in conjunction with existing school facilities, Doc. No. Iprovided the seating capacity shall not exceed the student enrollment of the 3834 school to be served plus ten per cent, and provided there shall be no lights or 1-13-60 night use.

(f) Day Care Centers where enrollment exceeds fifteen ] Doc. No. . 11568

(2) Any review of an application or plan shall consider the character of the neighbor- 12-10-73 hood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities.

(3) Any conditional use that may be granted is limited to the use and intensity ShOW] Doc. No. in the application and plans submitted, and any expansion or additional use not 3835 clearly shown in the plans and application must receive approval in the same man- 1-13-60 ner as the original application.

(4) Applicants for a conditional use for the location of a church in any residential Doc. No. zoning district shall furnish the Municipal Planning Board with the following in 5709 formation and shall provide the minimum setbacks, off-street parking and side . 11-12-62 walks as set forth herein, as follows: l

16

- 1

(A) Applications shall be in writing when requesting approval of a church site and shall include the legal description and location of the proposed church property, the proposed seating capacity in chapel and nave and a plot plan indicating compliance with the following standards:

1. Setbacks (minimum).

a. Front yard minimum of twenty-five feet or thirty feet from property line depending on the zoning district in which property is located, arterial streets to be treated individually.

b. Back yard minimum of twenty-five feet to rear property line.

c. Side yards minimum of twenty-five feet.

2. Off-Street Parking.

a. Provide one parking space for each eight seats in chapel and nave, plus one parking space for each church official resident on the premises, plus additional parking spaces equal in number to fifty per cent of the number of . permanent employees.

b. Space for one car equals ten feet by twenty feet or two hundred square feet plus ingress and egress to public roadway.

c. Parking area may not occupy any of the front yard setback.

d. If sufficient parking area is not available on church lot, parking may be provided within three hundred feet either through ownership or lease but must be zoned or approved for such use.

3. Sidewalks.

a. Sidewalks shall be installed by the church on all streets abutting the church buildings, and such sidewalks shall also be installed bordering parking areas serving new or additional church facilities.

b. A public hearing on all proposed new churches or church additions in residential districts shall be required.

c. All applications 'shall contain complete descriptions of any easements or restrictions effecting the title to the proposed church site which may be inconsistent with the proposed use.

(5) Planned Unit Developments. When after review of an application and plans appurtenant thereto and hearings thereon, the Municipal Planning Board finds as a fact that a proposed planned unit development filed and prepared in accordance with article XXV of this chapter is consistent with the general zoning plan and the public interest, the Municipal Planning Board may recommend to the City Council as a permitted use, the proposed planned unit development, subject to the provisions of article XXV of this chapter.

17

Doc No. 5709 11-12-62

Doc. No. nos 6-19-67

58.29

58.30

58.31

5832

58.33

58.34



Building Area Regulations.

Each single family dwelling shall be located on a lot or parcel of land having an area of not less than ten thousand square feet in an R-l AA Single Family Dwelling District and seven thousand five hundred square feet in an R-l A Single Family Dwelling District and said lots or parcels ofland shall have minimum widths ofeighty-five feet and seventy-five feet respectively, at the building line.

Front, Rear and Side Yard Regulations.

(l) Front Yard: Front yards shall not be less than thirty feet in depth in the R-l AA Single Family Dwelling District and twenty-five feet in depth in the R-l A Single Family Dwelling District.

(2) Rear Yard: Rear yards shall not be less than thirty-five feet and thirty feet in depth respectively in the R-l AA and R-l A Single Family Dwelling Districts,

(3) Side Yards: Side yards shall be provided on each side of every dwelling of not less than seven and one-half feet.

(4) Corner Lots: On corner lots, the front line setback of twenty-five or more must be maintained but a fifteen foot side line setback will be permitted on the street side line, provided the corner lots face the same way as all other lots in the block. If the building faces the long dimension of the lot, or where corner lots face a different thoroughfare than other lots in the block, the twenty-five foot, or greater setback, must be maintained from both thoroughfares.

Lot Coverage.

Forty per cent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon in R-l AA and R-l A One Family Dwelling Districts

Use, Area and Yard Exceptions.

See Article XVII of this chapter as to use, area and exceptions.

Off-Street Parking Regulations.


18

58.37

ARTICLE V. R-l ONE FAMILY DWELLING DISTRICT.

58.35

58.36

In General.

Although the lands included in R-l One Family Dwelling District are subdivided generally into lots of small dimensions and area they have developed predominantly as single family, medium density areas.

Uses Permitted.


(l) Single family dwellings and their customary accessory uses.

(2) Guest cottages in accordance with the area provisions included in Section 58.137 of Article XVII.

(3) Home occupations when recommended by the Board of Zoning Adjustment and] Doc. No. approved by the City Council. 10104

J 10-4-71 Doc. No.

(4) Family Day Care Homes 11568 12-10-73

Conditional Uses.

(l) When, after review of an application and plans appurtenant thereto and hearing thereon, the Municipal Planning Board finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses in the R-l One Family Dwelling District:



(c) Schools.


(e) Stadiums, independently, or in conjunction with existing school facilities, provided the seating capacity shall not exceed the student enrollment of the school to be served plus ten per cent, and provided there shall be no lights or night use.

JDOC. NO.(f) Day Care Centers where enrollment exceeds fifteen. 11568

_ 12-10-73 (2) Any review of an applicationor plan shall consider the character of the neighbor

hood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities.

(3) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and any expansion or additional use not clearly shown in the plans and application must receive approval in the same manner as the original application.

(4) Applicants for a conditional use for the location of a church shall furnish the Municipal Planning Board the information required in Section 58.28 (4) (A~

19

58.38

58.39

58.40

58.41

58.42

58.43

(5) Planned Unit Developments. When after review of an application and plans appurtenant thereto and hearings thereon, the Municipal Planning Board finds as a fact that a proposed planned unit development filed and prepared in accordance with Article XXV of this chapter is consistent with the general zoning plan and the public interest, the Municipal Planning Board may recommend to the City Council as a permitted use in R-l One Family Dwelling District, the proposed planned unit development, subject to the provisions of Article XXV of this chapter.




Each single family dwelling shall be located on a lot or parcel of land having an area of not less than six thousand and six hundred square feet and a width of not less than sixty feet.


(l ) Front Yard: There shall be a front yard of not less than twenty-five feet in depth.

(2) Rear Yard: A rear yard shall be not less than twenty-five feet in depth.

(3) Side Yards: Side yards shall be provided on each side of every dwelling of not less than six feet.

(4) Corner Lots: On corner lots, the front line setback of twenty-five feet or more must be maintained but a fifteen foot side line setback will be permitted on the street side line, provided the corner lots face the same way as all other lots in the block. If the building faces the long dimension of the lot, or where corner lots face a different thorofare than other lots in the block, the twenty-five foot, or greater setback, must be maintained from both thorofares.

Lot Coverage.

Forty per cent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon.

Use, Area and Yard Exceptions.



Two parking spaces per family dwelling unit, at least one of which shall be located back of the building line.

20

ARTICLE VI. R-2 ONE AND TWO FAMILY DWELLING DISTRICT

58.44 In General.

The R-2 One and Two Family Dwelling Districtis predominantly single family in character but unlike the R-l Districtit contains a substantial number of two-family dwelling units.



(l) One and two-family dwellings and their customary accessory uses.

(2) Guest cottages in accordance with the area provisions included in Section 58.137 of Article XVII.

(3) Home occupations when recommended by the Board of Zoning Adjustment and approved by the City Council.

(4) One-family garage apartment permitted provided the principal structure is a one

J family dwelling unit.

DOC. NO. (5) Family Day Care Homes. 11568

12-10-73


(l) When, after review of an application and plans appurtenant thereto and hearing thereon, the Municipal Planning Board finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses in the R-2 One and Two Family Dwelling District:



(c) Schools.



DOC. NO. (f) Day Care Centers where enrollment exceeds fifteen. 11568J 12-10-73

(2) Any review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities.

(3) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and any expansion or additional use not

21

58.47

58.48

58.49

58.50

clearly shown in the plans and application must receive approval in the same manner as the original application.

(4) Applicants for a conditional use for the location of a church shall furnish the Municipal Planning Board the information required in Section 58.28 (4) (A).

(5) Planned Unit Developments. When after review of an application and plans appurtenant thereto and hearings thereon, the Municipal Planning Board finds as a fact that a proposed planned unit development filed and prepared in accordance with Article XXV of this chapter is consistent with the general zoning plan and the public interest, the Municipal Planning Board may recommend to the City Council as a permitted use in R-2, One and Two Family Dwelling District, the proposed planned unit development, subject to the provisions of Article XXV of this chapter.




(l) Each single family dwelling shall be located on a lot or parcel ofland having an area of not less than six thousand and six hundred square feet and a width of not less than sixty feet.

(2) Each two family dwelling shall be located on a lot or parcel of land having an area of not less than seven thousand five hundred square feet and a width of not less than seventy-five feet.

Front, Rear, and Side Yard Regulations.

(l) Front yard: Front yards shall not be less than twenty-five feet in depth.

(2) Rear Yard: A rear yard shall be not less than twenty-five feet in depth.

(3) Side Yards: Side yards shall be provided on each side of every dwelling of not less than six feet.

(4) Corner Lots: On corner lots, the front line setback of twenty-five feet or more must be maintained but a fifteen foot side line setback will be permitted on the street side line, provided the corner lots face the same way as all other lots in the block.

If the building faces the long dimension of the lot, or where corner lots face a different thorofare than other lots in the block, the twenty-five foot, or greater setback, must be maintained from both thorofares.

Lot Coverage.

Forty per cent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon.

22




(l) One-family dwellings. Two parking spaces per family dwelling unit, at least one of which shall be located back of the building line.

(2) Two-family dwellings. One parking space per dwelling unit, said space to be located back of the building line.

23

ARTICLE VII. R-3 MULTIPLE FAMILY DWELLING DISTRICT.

58.53 In General.

The lands in R-3 Multiple Family Dwelling District are located in areas that have already been developed with multiple family structures or in which lands by location and trends are appropriate to such uses.



(l) One and two family dwellings and their customary accessory uses.

(2) Guest Cottages in accordance with the area provisions included in Section 58.137 of Article XVII.


(4) Multiple family dwellings (apartments) and their customary accessory uses.

(5) Apartment hotels.

(6) Boardinghouses and lodginghouses.

(7) One family garage apartment permitted provided the principal structure is a one or two family dwelling unit.

(8) Bungalow courts.

(9) Accessory parking. (See Article XV, Section 58.115, Paragraph 15.)

(l0) Family Day Care Homes. J58.55 Conditional Uses.

(l) When, after review of an application and plans appurtenant thereto and hearing thereon, the Zone Commission finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses:

(A) Any of the following with hearings by the Municipal Planning Board.



(c) Schools.


24

Doc. No. 10105 10-4-71

D OC..NO'

11568 12-10-73


Doc. No. 11568(B) Day Care Centers where enrollment exceeds fifteen. ] 12-10-73

(C) Hospitals, but no animal hospitals or mental institutions.

(D) Libraries, art galleries and children's museums.

(E) Nursing, convalescent homes.

(F) Private clubs or lodges.

(G) Dormitories.

(H) Town house dwellings may be permitted as conditional use as provided by sec-I ~~~8No. tion 58.118(2) of this Code. 8-16-65


(3) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and any expansion or additional use not clearly shown in the plans and application must receive approval in the same manner as the original application.

(4) Applicants for a conditional use for the location of a church shall furnish the Municipal Planning Board the information required in Section 58.28(4) (A).

(5) Planned Unit Developments. When after review of an application and plans appurtenant thereto and hearings thereon, the Municipal Planning Board finds as a fact that a proposed planned unit development filed and prepared in accordance with Article XXV of this chapter is consistent with the general zoning plan and the public interest, the Municipal Planning Board may recommend to the City Council as a permitted use in R-3 Multiple Family Dwelling District, the proposed planned unit development, subject to the provisions of Article XXV of this chapter.

58.56 Building Height Regulations.

No building or structure shall exceed forty-five feet in height unless otherwise permitted in Article XVII hereof.

58.57 Building Site Area Regulations.

(1) Each single family dwelling shall be located on a lot or parcel of land having an area of not less than six thousand and six hundred square feet and a width of not less than sixty feet.

(2) For two family dwellings, the lot or parcel of land shall have an area of not less than seven thousand two hundred square feet and a width of not less than sixty feet.

25

(3) For three and four family dwellings, the lot or parcel ofland shall have an area of not less than seven thousand five hundred square feet and width of not less than seventy feet.

(4) For each dwelling unit in excess of four added to the structure on the first and second floor, additional lot area shall be provided for each of such dwelling units added based on the following:

(a) One thousand seven hundred additional square feet for each one bedroom dwelling unit.

(b) Two thousand additional square feet for each two or more bedroom units.

(5) For each dwelling unit added to the structure above the second floor one thousand square feet of lot area shall be provided for each of such dwelling units added.

(6) For structures accommodating in excess of four dwelling units, the minimum width of lot or parcel of land shall be eighty-five feet.

(7) Water bodies and/or submerged lands shall not be included in the computation o~ ~10;6fo. lot area required in this Chapter. ~ 12-10-73

58.58 Front, Rear, and Side Yard Regulations.

(l) For one and two family dwellings:

(a) There shall be a front yard of not less than twenty-five feet in depth.

(b) A rear yard shall be not less than twenty-five feet in depth.

(c) Side yards shall be provided on each side of every dwelling of not less than six feet.

(2) For multiple family dwellings:


(b) A side yard on each side of the wall of the principal structure of not less than seven and one-half feet however for a structure of more than two and onehalf stories (35 feet), one foot shall be added for each story above two.

(c) A rear yard shall be provided of twenty-five feet however for structures in excess of three stories two feet shall be added to the rear yard for each story added.

(3) For corner lots the front line setback of twenty-five feet or more must be maintained but a fifteen foot side line setback will be permitted on the street side line, provided the corner lots face the same way as all other lots in the block.


58.59 Lot Coverage.

Fifty per cent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon.

26

58.60 Use. Area and Yard Exceptions.

See Article XVII as to use, area and yard exceptions.


(1 ) One-family dwellings. Two parking spaces per family dwelling unit, at least one of which shall be located back of the building line.

(2) Two-family and multiple-family dwellings. One parking space per dwelling unit, said space to be located back of the building line.

(3) Apartment Hotels. One parking space per apartment, plus one parking space for each three guest or sleeping rooms or suites, plus one additional parking space for each five employees. All parking spaces are to be located back of the building line.

(4) Boardinghouses and lodginghouses. One parking space for each two guest rooms plus one additional parking space for owner or manager if resident on the premises.

27

ARTICLE VIlA. R-3A SPECIAL MULTIPLE FAMILY DWELLING DISTRICT

58.61-1 In General.

The lands in R-3A Special Multiple Family Dwelling District are located in areas that have already been developed with multiple family structures or in which lands by location and trends are appropriated to such uses.

58.61-2 Uses Permitted.


(l) One and two family dwellings and their customary accessory uses.



(4) Multiple family dwellings (apartment residences) and their customary accessory uses.

(5) Family Day Care Homes. ]

58.61-3 Building Height Regulations.

No building or structure, hereafter erected or structurally altered, shall exceed thirtyfive feet in height, unless otherwise permitted in Article XVI and XVII hereof.

58.61-4 Building Site Area Regulations.

(l) Each single family dwelling shall be located on a lot or parcel of land having an area of not less than six thousand six hundred square feet and a width of not less than sixty feet.

(2) For two family dwellings, the lot or parcel ofland shall have an area of not less than seven thousand two hundred square feet and a width of not less than sixty feet.

(3) For three and four family dwellings, the lot or parcel of land shall have an area of not less than seven thousand five hundred square feet and a width of not less than seventy feet.

(4) For each dwelling unit in excess of four added to the structure, additional lot area shall be provided for each of such dwelling units added based on the following:

(a) One thousand seven hundred additional square feet for each one bedroom or efficiency dwelling unit.


(5) For structures accommodating in excess of four dwelling units, the minimum width of lot or parcel of land shall be one hundred feet.

28

Doc. No. 8675 3-17-69

Doc. No. 11568 12-10-73

Doc. No. 8675 3-17-69

58.61-5 Front, Rear and Side Yard Regulations.

0) For one and two family dwellings, the following front, rear and side yards shall be observed:




(d) On corner lots, the front line setback of twenty-five feet or more must be maintained but a fifteen foot side line setback will be permitted on the street side line, provided the corner lots face the same way as all other lots in the block.


(2) For multiple family dwellings, the following front, rear and side yards shall be observed:

(a) There shall be a front yard of not less than forty feet in depth.

(b) A side yard should be provided on each side of the wall on the principal structure of not less than fifteen (5) feet except that a side yard of twenty-five (25) feet should be provided on any side which adjoins a single family dwelling district.

(c) A rear yard shall be provided of not less than thirty-five (35) feet, however, for structures in excess of three stories, two feet shall be added to the rear yard for each additional story.

(3) One corner lots, the front line setback of forty (40) feet or more shall be maintained but the street side yard setback shall be the same as that shown for an interior lot in paragraph 2(b) above; provided, that the corner lot faces the same way as all other lots in the block.

If the building faces the long dimension of the lot, or where corner lots face a different thoroughfare, than other lots in the block the forty feet, or greater setback shall be maintained from both thoroughfares.

58.61-6 Lot Coverage.

No principal building or structure shall occupy more than thirty-five percent of the ground area of the building site upon which the building or structure is erected. Accessory buildings or structures, including swimming pools, may occupy additional ground coverage, but the total ground area occupied by the principal building or structure and accessory structures shall not exceed forty-five percent of the site area. In no case shall the principal building or structure exceed thirty-five percent of the lot or lots composing the site.

29

Ox. No. 8950 9-8-69

Ox. No 8950 9-8-69

Ox. No. 8675 3-17-69

58.61-7 Off-Street Parking Regulations.

There shall be provided not less than two (2) parking spaces for each dwelling unit, both of which shall be located back of the building line. At least two (2) of such parking spaces provided for each dwelling unit shall be covered by a permanent structure. (This shall exclude prefabricated carports, whether separate or attached.)

58.61-8 Elevators and Stairways.

In addition to the means of ingress and egress required by the Building Code, elevator access shall be provided to service dwelling units that are located on any floor above the first floor. There shall be no exposed exterior stairways or public balconies.

58.61-9 Minimum Floor Area Requirements.

No dwelling unit shall contain less than one thousand two hundred fifty square feet of living area, exclusive of private porches or balconies and patios.

Doc. No 8950 9-8-69

Doc. No. 8675 3-17-69

30

ARTICLE VIII. R-4 MULTIPLE FAMILY DWELLING DISTRICT.

58.62 In General.

Although the lands included within the R-4 Multiple Family Dwelling District are used predominantly for residential purposes, single and multiple family dwellings, they are located generally in areas Of transition favorable to the occupancy of and use by certain types of professional and service uses.



(1) One and two family dwellings and their customary accessory uses.



(4) Multiple family dwellings (apartments) and their customary accessory uses.

(5) Apartment hotels.

(6) Boardinghouses and lodginghouses.

(7) One family garage apartment permitted provided the principal structure is a one or two family dwelling unit.

(8) Bungalow courts.

(9) Offices for the following agencies, rendering specialized services not involving re-l Doc. No. tail trades with the general public nor maintenance of a stock of goods for sale: 3736. Real estate • ~ ~,uinsurance advertising and mortaaze finance ~,C< •• ~. ·0C<0- ----l l I -I 8-59~~~ C~ C<. ~ •• "'0' C<'~ ....C< .~~.

(0) Offices of registered architects, attorneys, accountants and tax consultants, engineers, dental, medical or manufacturer's agents and stock brokers without stock ticket and board room, in which only such personnel are employed as are customarily required for the practice or conduct of such profession or business.

(11 ) Accessory parking. (See Article XV, Section 58.115, paragraph 15.)

Doc. No. (2) Family Day Care Homes. ] 11568

12-10-73(3) None of the following businesses shall be permitted:

(a) Any business requiring the handling or storage of merchandise, or any business requiring the physical handling of merchandise to be sold on the premises.

(b) Restaurants or other eating places.

(c) Service establishments as barbershops and beauty shops, custom tailors, laundry agencies, self-service laundries, hand or power operated laundries, shoe

31

repair, dry cleaning, pressing or tailor shop.

(d) Veterinary establishments.

(e) Any business requiring the display of goods or merchandise on the premises.

58.64 Conditional Uses:


(A) Any of the following with hearings by the Municipal Planning Board.



(c) Schools.



Doc. No. (B) Day Care Centers where enrollment exceeds fifteen. ] 11568

12-10-73 (C) Hospitals, but no animal hospitals or mental institutions.

(D) libraries, art galleries and children's museums.

(E) Nursing, convalescent homes.

(F) Private clubs or lodges.

(G) Dormitories.

(H) Town house dwellings may be permitted as conditional use as provided by Section 58.118(2) of this Code.

----, Doc. No. ---.J 6900(I) Kindergarten (nursery school).

(J) High rise apartments in excess of seventy-five feet where the proposed site meets the following criteria:

(a) Proposed site shall lie within an area where necessary public utilities can be provided.

(b) Proposed high rise apartments shall exceed seventy-five feet in height but shall not exceed two hundred feet in height, nor shall they exceed the height limitations imposed by Articles XXIII and XXIV of this chapter and the regulations adopted thereunder.

32

9-20-65

Doc. No. 6349 5-4-64

XXIII and XXIV of this chapter and the regulations adopted thereunder.

(c) Building site area. There shall be a minimum of seventy-five hundred square feet for the first four units and five hundred square feet for each additional unit over four on the first through the eighth floors inclusive, taking into consideration only those floors upon which dwelling units are located. Additional site requirements shall be eliminated above the eighth floor.

(d) Front, rear and side yard requirements. The same as in R-4 Multiple Family Dwelling District.

(e) Off-street parking. There shall be a minimum of one off-street parking space provided for each dwelling unit. Such space to be located back of the building line. Such off-street parking may be within or without the structure, or a combination thereof. Loading and unloading space for the residential structure may be included in the driveway, parking area within or without the building, or other multi-purpose areas so long as the required space and height requirements are observed.

(f) Service shops. Restaurants, apothecary and sundry stores, newsstands and personal service shops shall be permitted within the structure only if accessible primarily through the lobby or an arcade or arcades with outside entrances with no advertising or display relating to such service shops visible from outside the building.

(2) Any review of an application of plan shall consider the character of the neighborhood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities.

(3) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and any expansion or additional use not clearly shown in the plans and application must receive approval in the same manneras the original application.

(4) Applicants for a conditional use for the location of a church shall furnish the Municipal Planning Board the information required in Section 58.28(4) (A).\

(5) Planned Unit Developments. When after review of an application and plans appurtenant thereto and hearings thereon, the Municipal Planning Board finds as a fact that a proposed planned unit development filed and prepared in accordance with Article XXV of this chapter is consistent with the general zoning plan and the public interest, the Municipal Planning Board may recommend to the City Council as a permitted use in R-3 Multiple Family Dwelling District, the proposed planned unit development, subject to the provisions of Article XXV of this chapter.


No building or structure shall exceed seventy-five feet in height unless otherwise permitted in Article XVII.

33

Doc. No. 6349 5-4-64


(1) Each single family dwelling shall be located on a lot or parcel of land having an area of not less than six thousand six hundred square feet and a width of not less than sixty feet.

(2) For two family dwellings, the lot or parcel of land shall have an area of not less than seven thousand two hundred square feet and a width of not less than sixty feet.

(3) For three and four family dwellings, the lot or parcel of land shall have an area of not less than seven thousand five hundred square feet and a width of not less than seventy feet.

(4) For each dwelling unit in excess of four added to the structure on the first and second floor, additional lot area shall be provided for each of such dwelling units added based on the following:

(a) One thousand seven hundred additional square feet for each one bedroom dwelling unit.


(5) For each dwelling unit added to the structure above the second floor one thousand square feet of lot area shall be provided for each of such dwelling units added.

(6) For structures accommodating in excess of four dwelling units, the minimum width of lot or parcel of land shall be eighty-five feet.

58.67 Front, Rear, and Side Yard Regulations.

(l) For one and two family dwellings:




(2) For multiple family dwellings:


(b) A side yard on each side of the wall of the principal structure of not less than seven and one-half feet; however, for a structure of more than two and onehalf stories, one foot shall be added for each story above two.

(c) A rear yard shall be provided of twenty-five feet, however, for structures in excess of three stories two feet shall be added to the rear yard for each story added.

34

- -,

(3) For corner lots the front line setback of twenty-five feet or more must be maintained but a fifteen foot side line setback will be permitted on the street side line, provided the corner lots face the same way as all other lots in the block.


58.68 Lot Coverage.

Fifty per cent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon in R-4 Multiple Family Dwelling District.




See Article XV of this chapter as to off street parking regulations.

35

ARTICLE VIllA. OC-OFFICE CENTER DISTRICT

58.70-1 In General.

The intent of the Office Center District is to promote orderly and logical development of land for offices and service activities in accordance with the objectives, policies and proposals of the Comprehensive Plan of the City of Orlando; to discourage integration of noncomplementary land uses that might interfere with the proper function of the Pistrict and to assure adequate design in order to maintain the integrity of existing, future, adjacent or nearby residential neighborhoods. The ultimate development must provide a low intensity of land usage and site coverage to enable the tract to retain its park-like image for the residential neighborhoods nearby and for the tenants that seek pleasant surroundings with room for expansion within. It is also the intent to reduce, limit and contain strip commercial development along arterial roads in order to enhance the proper movement of traffic while protecting the health, safety and welfare of the general public.



(l) Office Buildings. Professional, executive, administrative and governmental, including but not limited to:

(a) Dental and medical clinics and testing and research laboratories.

(b) General office buildings.

(c) Insurance, real estate, architects, engineers, attorneys and other professional business services.

(d) Private, vocational, business and professional schools, except those of an industrial character.

(2) Financial Institutions. Banks, savings and loan, mortgage loan and similar financial institutions without detached drive-in teller facilities.

(3) Parking Garages. Parking garages may be permitted as a principal useon any undeveloped lot provided the structure is not less than two (2) stories in height and meets all setback and lot coverage requirements applicable to a principal building. Upon construction of a parking garage, no lot area shall be paved or utilized for parking purposes that is not within such garage except drives necessary for vehicles to traverse the property as a function of the primary use.

58.70-3 Accessory Uses.

(l) Permitted Accessory Uses. Accessory uses may be permitted when intended to complement any of the permitted uses and are designated to be for the primary use of employees, visitors, and/or clients of the office occupants. Possible uses are as follows: Barber shop, beauty salon, drafting service or quick reproduction service, medical or dental laboratories, cafeteria and/or coffee shop or snack bar, apothecary, comrnurucations facilities, recreational facilities for use by employees only, and such otner uses wnich would be in keeping within the spirit and intent of this section.

35a

Doc. No. 10299 1-24-72 pages

35a-35e

- 1

(2) Additional criteria.

(a) Accessory uses shall be included as tenants within the various principal office buildings and shall not occupy separate buildings.

(b) Not more than twenty percent (20%) of the gross floor area of any principal office building may be occupied by accessory uses.

(c) No accessory use shall have an individual outside entrance nor shall there be any display of advertising signs or merchandise visible from outside the building.

58.70-4 Building Height Regulations.

No building or structure shall exceed seventy-five (75) feet in height except as provided under Article XVII, Section 58.127. Provided further, no structure shall exceed the height limitations established by the Orlando-Orange County Airport Zoning Board with respect to the Airport Zoning District in which the building will be located.

58.70-5 General Development Regulations.

(l ) Minimum Site Area. A tract of land of not less than twenty-five (25) acres shall be provided for initial development consideration. The district may be increased through the addition of only contiguous tracts of not less than ten (l0) acres and shall be bound by the same standards as the initial development. Any area designated OC-Office Center District and divided by one or more existing public streets or highways shall be deemed two (or more) separate and tlistinct Office Center District areas and shall be also bound by all standards contained herein for the development of an office center tract.

(2) Non-Conforming Uses. No tract shall be zoned as an OC-Office Center District if there exists within the tract any use which would be non-conforming under the terms of this Article. However, the Zone Commission may recommend and the City Council may authorize the office center with a non-conforming use if, prior to the issuance of zoning approval and building permit, the developer agrees and guarantees, in writing, to the satisfaction of the Zone Commission and City Council, that all non-conforming uses shall be removed from the area within two (2) years from the date of the issuance of a permit for the building of the principal structure. Upon written request, the City Council may extend the time for one additional year. Said guarantee shall be in the form of a performance bond or cash escrow security. The amount of the security shall be at least equal to one hundred and twenty percent of the estimated cost of removal of the non-conforming uses. The creation of an odd-shaped area which, excludes non-conforming uses shall be avoided.

(3) Stage Development. If the development of the office center is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this ordinance shall be fully complied with at the completion of each stage.

(4) Street Frontage. Each tract comprising an Office Center District shall have, at the point of access, a minimum frontage of three-hundred (300) feet along one or more of the following types of streets:

(a) Controlled access highways.

(b) Major highways.

(c) Secondary highways and arterial roads.

35b

- 1

58.70-6 Building Site Area Regulations.

0) Individual building sites shall have an area of not less than one acre . ....... ._... ,

(2) A minimum site width of two-hundred (200) feet shall be required along any interior street.

(3) No site shall be less than two-hundred (200) feet in depth.

58.70-7 Setback Regulations.

- j 0) Front: Thirty (30) feet except where the building exceeds twenty-five (25) feet in height above grade, in which case, a front yard shall be provided at least equal to the height of the building above grade, but in no case shall the front yard be less than thirty (30) feet.

(2) Side: A combined side yard of thirty-five (35) feet with a single side yard of not less than fifteen (15) feet. Buildings exceeding twenty-five (25) feet in height above grade shall provide a combined side yard of thirty-five (35) feet with a minimum single side yard of fifteen OS) feet plus one additional foot of setback for each foot of building height above twenty-five (25) feet in height. On a street side yard, the setback shall not be less than twenty (20) feet for a building not exceeding twenty-five (25) feet in height. One additonial foot of setback shall be required for each foot of building height above twenty-five (25) feet in height.

(3) Rear: A rear yard of not less than forty (40) feet shall be provided for buildings not exceeding twenty-five (25) feet in height. One additional foot of setback shall be required for each foot of building height above twenty-five (25) feet in height except the rear yard need not exceed seventy-five (75) feet in depth.

(4) Setback along arterial or major thoroughfares. No building shall be constructed closer than one-hundred (l00) feet to any right-of-way line.

(5) Setback adjacent to residential district. No building shall be constructed or placed closer than forty (40) feet to any residential district. Buildings in excess of forty (40) feet shall not be constructed or placed closer to any residential district than a distance equal to the height of such building.

58.70-8 Site Coverage.

Twenty-five percent (25%) of the site area is the maximum which may be covered by any building, nor shall the gross floor area of any building exceed fifty percent (50%) of the area of the site.

58.70-9 Off-Street Parking Requirements.

Off-street parking shall be provided prior to occupancy of any building wihch has been erected on an approved site and in accordance with the following criteria:

, I

(1) Required number. One parking space for each two hundred (200) square feet of rentable floor area in a building.

(2) Location. No paving or off-street parking shall be closer than five (5) feet to any interior lot line nor closer than the principal building to a street or thirty (30) feet whichever is closer. No paving or parking within required buffer strips shall be

35c

permitted except that fifty (50) feet of the required yard along arterial or major highways may be used for parking purposes provided the remaining fifty (50) feet nearest the street shall be maintained as a landscaped planting strip.

(3) Lot Surface. All off-street parking and other vehicular use areas shall be paved or otherwise hard surfaced.

(4) Landscaping. All off-street parking and other vehicular use areas shall be landscaped as required by Section 58.115-1 of the Zoning Ordinance.

58.70-10 Loading and Unloading Areas.

Provisions shall be made for space to accommodate the normal and necessary loading and unloading of office supplies and equipment that are in support only of the daily operational activities of the office center. Such areas, where provided, shall not face any street and shall be arranged so as to avoid the necessity for maneuvering on streets or on areas designated for parking use.

58.70-11 Restrictions.

(l) One (l) building per building site may be permitted. Two or more sites may be used to accommodate a building.

(2) All utility lines within the district shall be placed under ground.

(3) No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot.

(4) Storage, repair or delivery of merchandise incidental to and in connection with the primary use of the premises may be permitted; the storage, repair, or delivery of any other merchandise is prohibited. Samples of products manufactured, stored or repaired elsewhere other than on site may be kept for display purposes.

(5) All trash, garbage or other waste shall be retained in sanitary containers inside the office building or within a screening enclosure when attached to the building.

(6) Lighting facilities shall be arranged in a manner which will protect the highways and neighboring properties from direct glare or hazardous interference of any kind.

58.70-12 Additional Development Regulations.

(l) The proposed development shall be constructed in accordance with an approved overall plan and shall be designed with complementary architectural concepts and with appropriate landscaping.

(2) Adequate areas shall be provided for automobile accessways, pedestrian walks and servicing of offices by refuse collection, fuel, fire and other service vehicles. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with City specifications.

(3) Along each side or rear property line adjacent to a residential district, the owner shall place and maintain a planting area not less than fifteen (15) feet in width, containing hedge, evergreens, shrubbery and suitable vegetation to provide appropriate screening and a green area. All non-deciduous vegetation shall not be less than three (3) feet in height at the time of planting and shall be of such species that expected height at maturity shall not be less than eight (8) feet. Deciduous plant material shall not be less than eight (8) feet in height at the time of planting.

35d

(4) The development plan shall provide for safe and efficient access to and from public streets and highways serving the office center and traffic circulation within the site, as approved by the City Traffic Engineer.

58.70-13 Signs.

In the Oe-Office Center District, only the following signs may be permitted:

(1) At main entrances to an office development, one (1) pole or ground sign may be permitted as follows:

(a) No sign shall exceed one (1) square foot in size for each five (5) linear feet of lot frontage along the street on which the sign faces. Each face of such sign shall be computed separately for purposes of meeting the size requirements provided, however, no sign shall exceed one hundred (100) square feet in area per face.

(b) No sign shall display more than the name and address of the office development..

(c) No sign shall exceed twenty (20) feet in height nor be placed closer than twenty-five (25) feet to a right-of-way line or established setback line, whichever is greater.

(d) A sign may be illuminated so that bulbs are not visible, however, no sign containing flashing lights or lights giving the illusion of motion will be permitted.

(2) Signs may be permitted for each separate building within the office development as follows:

(a) One pole or ground sign, giving only the name of the building and principal occupant, forty (40) square feet per face, provided there is at least forty (40) linear feet of building frontage. For each foot or fraction thereof less than forty (40) linear feet, the sign area shall be reduced by one (1) square foot per face.

(b) No pole or ground sign shall exceed five (5) feet in total height above grade nor be closer than fifteen (15) feet ot any dedicated right-of-way line, or edge of pavement on private drives.

(c) No pole or ground sign shall be placed within fifteen (15) feet of any building site line.

(d) One wall sign giving the name of the building will be permitted.

(e) Illumination may be by a detached spot light or by interior lighting from within the sign.

(3) The following types of signs shall be prohibited:

(a) Off-premises advertising signs or billboards.

(b) Trailer signs, freestanding signs and snipe signs.

(c) Signs painted on or displayed from windows which are visible from outside the building.

35e

Doc. No. 10299 1-24-72 pages

35a-35e

- 1

58.71

58.72

ARTICLE IX. ColA LIMITED COMMERCIAL DISTRICT

In General.

The ColA Limited Commercial District consists oflands abutting certain principal streets the frontages of which are especially adaptable to selected low traffic generating uses. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic generation and movement. The district is designed to promote spaciousness of land use.

Uses Permitted.


(1) Advertising signs relating only to the uses conducted within the building or on the land.

(2) Apothecary shop (prescription pharmacist).

(3) Art, antique and gift shop.

(4) Beauty salons and barbershops.

(5) Book and stationery stores; newsstands.

(6) Churches, schools, except vocational schools.

(7) Day nurseries, kindergartens and other child care centers.

(8) Finance and investment offices.

(9) Florist shop, the products of which are displayed and sold wholly within the structure.

(10) Health Baths.

(11) Hospitals, but not animal hospitals; medical or dental clinics; nursing (convalescent) homes.

(12) Hotels and motels with restaurants incident thereto and primarily for the use of the patrons.

(13) Insurance offices.

(14) Interior decorating, home furnishings and furniture stores, but excluding appliance stores.

(15) Jewelry and watch repair, china and luggage shops.

(16) Music conservatory, dancing schools and art studios.

(17) Music, radio and television shops.

36

58.72-1

58.73

58.74

58.75

(18) Paint and wall paper stores for the retail sale of the products only.

(19) Parking lots without gasoline pumps or other automobile services.

(20) Photographic supplies and studios.

(21) Private clubs and lodges.

(22) Professional offices.

(23) Publicly owned and operated recreational facilities.

(24) Public utility and service structures.

(25) Restaurants and tearooms where patrons are seated and served at tables within the structure.

(26) Shops for ladies', men's and children's apparel and furnishings.

(27) Structures for public uses, such as community centers, libraries and museums.

(28) No outdoor sales or display of merchandise or products will be permitted in connection with any of the foregoing uses; nor will the erection of billboards be permitted in this district.

Conditional Uses.

When, after review of an application and plans appurtenant thereto and hearing thereon, the Zone Commission finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses: ] Doc. No.

7422 (a) Banks. 1-9-67

----, Doc. No. (b) Multiple family residential units may be permitted as provided by Section I 6005-A

58.118-1. ----.J 7-15-63 Doc. No.

(c) Vocational schools. ] 8951 9-8-69

Building Height Regulations. Ibe. No. 6004-ANo building or structure shall exceed seventy-five feet in height except as provided in 7-15-63Section 58.127. J


There are no building site area requirements.


(1) Front Yard: A front yard or setback of at least fifteen (15) feet shall be provided, except when the frontage in one block is located partly in the C-l A District and partly in a residential or multiple dwelling district, then the front yard requirements of the residential or multiple dwelling district shall apply.

37

(2) Side Yard: None required except on that side of a lot abutting upon the side Of:J Doc. No. lot zoned for residence purposes, in which case there shall be a side yard of not less 3671 than thirty feet. In all other cases, a side yard, if provided, shall not be less than 10-21-59 three feet.

(3) Rear Yard: A rear yard of at least twenty feet in depth shall be provided.



38

ARTICLE X. c-t NEIGHBORHOOD COMMERCIAL DISTRICT.

58.77 In General.

The lands in the C-l Neighborhood Commercial District abut certain principal streets, the frontages of which are adaptable to a greater density of services and businesses than are permitted in the C-l A Limited Commercial District. These varied enterprises serve primarily the needs of the residential areas adjacent and tributary to them.


No building, structure or land shall be used except for one or more of the following uses:

(1) Advertising signs, panels, and structures.



(4) Automobiles sales room and incidental servicing department.

(5) Bakery, the products of which are sold only at retail on the premises.

(6) Banks.



(9) Bowling alley.

(10) Churches, schools, except vocational schools.


(12) Dry cleaning and laundry pick-up stations; self-service laundry.

(13) Dry goods, variety, drug and department stores.

(14) Finance and investment offices.:

39


(16) Grocery, fruit, vegeta ble, meat market, delicatessen.

(17) Hardware, bicycle, sporting goods, floor coverings, household and electrical appliance and service.

(18) Health baths.


(20) Hotels and motels with restaurants incident thereto and primarily for the use of the patrons.


(22) Interior decorating, home furnishings and furniture stores.


(24) liquor stores (retail), taverns and cocktail lounges.

(25) Mortuary.



(28) Office supplies and equipment.








(36) Radio and television stations, studios and offices.

(37) Restaurants and tearooms where patrons are seated and served at tables within the structure; no drive-in restaurant.

(38) Shoe repair, hat cleaning and shoe shining.

40


(40) Storage garage, public or private automobile parking.


(42) Theatre but no drive-in theatre.

(43) Any other retail store, business or service enterprise that, in the judgment of the Board of Zoning Adjustment, are consistent with those included above and further. that will be in harmony with the spirit of Sections 58.01 to 58.168 of this Code.

(44) One-hour dry cleaning establishments using equipment which emits no smoke nor escaping steam, and which use nonflammable synthetic cleaning agents, (perchloroethylene, trichlorethlene, etc); provided there is no garment collection and delivery service and provided not more than three pressing machines shall be used and not more than five persons shall be employed in the operation of such establishment.


(l) When, after review of an application and plans appurtenant thereto and hearing thereon, the Zone Commission finds as a fact that the proposed use oruses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses:

(a) Automobile service station, however only minor repairs may be made to vehicles provided such repairs are made within an enclosed building. This, however, does not include repairing wrecked automobiles, rebuilding motors, no paint or body work, no storing of wrecked automobiles and no noise creating activities. (See section 58.123.)

(b) Drive-in food establishments. This shall include those businesses which pre- I

Doc. No. 3802 12-30-59

Doc. No pare and sell food for consumption on the premises. --l7~?3~64

(c) Used car lot; provided, however, only minor mechanical repairs or servicing of cars for sale may be done on the premises, and such work shall be performed only within an enclosed building thereon; and provided, further, that all areas

Doc. No. used for the sale and display of cars shall be paved and contain adequate drain3995age facilities, and all areas between the setback lines and the property lines 4-6-60

shall be sodded and landscaped sufficiently with planting areas adequate to provide necessary protection to adjacent properties from depreciation in value.

(d) Multiple-family residential units may be permitted as provided by section I Doc. No 58.118-1 of this Code. --' 6005-B

7-15-63 (e) Vocational schools. IDoc. No

9023 (2) Any review of an application or plan shall consider the character of the neighbor- 10-20-69

hood in which the proposed use is to be located and its effect on the value of sur

41

rounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities.

J58.80 Building Height Regulations.

D OC. No.No building or structure shall exceed seventy-five feet in height except as provided in 6004-Bsection 58.127. 7-15-63



58.82 Front. Rear and Side Yard Regulations.

(1) Front yard: None required, except when the frontage in one block is located partly in the C-l District and partly in a residential district, then the front yard requirements of the residential district shall apply.

(2) Side Yard: None required except on that side of a lot abutting upon the side of a LQc. No. lot zoned for residence purposes in which case there shall be a side yard of not less 3671 than thirty feet. In all other cases, a side yard, if provided, shall not be less than 10-21-59 three feet. J

(3) Rear yard: There shall be a rear yard of at least twenty feet.

58.83 Off-Street Parking Requirements.

See Article XV of this chapter as to off-street parking requirements.

42

ARTICLE XI. C-2 GENERAL COMMERCIAL DISTRICT

58.84 In General.

The lands in the C-2 General Commercial District are found principally within the Central Business District where all types of general commercial and servicing enterprises are located. The land coverage and building bulk are greater in this district than elsewhere but from it manufacturing is excluded.



(1) Advertising signs, panels and structures.



(4) Automobile laundry or quick wash.

(5) Automobiles sales room and incidental servicing departments.

(6) Bakery, the products of which are sold only at retail on the premises.

(7) Banks.



(10) Bowling alley.

(11) Business colleges, vocational schools, trade and private schools operated as commercial enterprises.

(12) Churches, schools.


iDoc. No.(14) Drive-in food establishments. ~6207

1-13-64 (15) Dry cleaning and laundry pick-up stations; self-service laundry.




(19) Grocery, fruit, vegetable, meat market, delicatessen.


43

(21) Health baths.


(23) Hotels and motels with restaurants incident thereto and primarily for the use of patrons.




(27) liquor stores (retail), taverns and cocktail lounges.

(28) Mortuary.



(31) Office buildings.





(36) Plumbing sales rooms and services within the building and yard storage as an accessory use.

(37) Printing, book binding, lithography and publishing establishments, blue printing, map making and photostating.





(42) Recreation facilities as amusement parks, shooting galleries, skating rinks and dance halls, billiard and pool.






44

(48) Theatre, but no drive-in theatre.

(49) Used car lot. Only minor mechanical repairs or servicing of cars for sale on the premises may be done and such work to be within an enclosed building.

(50) Go-kart tracks and miniature automobile roadways, subject to public hearing and] Doc. No conformance with regulations adopted by the Zone Commission on March 14, 4724 1961, relating to this subject. 5-8-61

(51 ) Any other retail store, business or service enterprise that in the judgment of the Board of Zoning Adjustment are consistent with those included above and further, that will be in harmony with the spirit of Sections 58.01 to 58.168 of this Code.

(52) One-hour dry cleaning establishments using equipment which emits no smoke nor escaping steam, and which use nonflammable synthetic cleaning agents,(perchloroethylene, trichlorethylene, etc.); provided there is no garment collection and delivery service, and provided not more than three pressing machines shall be used and not more than five persons shall be employed in the operation of such establishment.


(l) When, after review of an application and plans appurtenant thereto and hearing thereon, the Zone Commission finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interests, the following may be recommended to the City Council as permitted uses;

(a) Automobile service station, however, only minor repairs may be made to vehicles provided such repairs are made within an enclosed building. This, however, does not include repairing wrecked automobiles, rebuilding motors, no paint or body work, no storing of wrecked automobiles and no noise-creating activities. (See Section 58.123.)

(b) Bus passenger terminals; provided, however, that no vehicle repair or related] Doc. No. maintenance operations shall be conducted on the premises. 412

656-8- 0 (c) Multiple-family residential units may be permitted as provided by section ] Doc. No.

58.118-1 of this Code. 6005-C 7-15-63

(d) Buildings and structures in excess of two hundred feet in height. ~ ~32ro.

(2) Any review of an application or plan shall consider the character of the neighbor- 8-19-68 hood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities.


No building or structure shall exceed two hundred feet in height except as provided in Doc. No. Jsection 58.86 hereof; provided, that no structures shall exceed the height limitations established by the Orlando-Orange County Airport Zoning Board with respect to the Airport Zoning District in which the building will be located.

8321 8-19-68

45



58.89 Front, Rear and Side Yard Regulations.

(1) Front Yard: None required, except when the frontage in one block is located partly in the C-2 District and partly in a residential district, then the front yard requirements of the residential district shall apply.

(2) Side Yard: None required except on that side of a lot abutting upon the side of JD N lot zoned for residence purposes, in which case there shall be a side yard of not 36~'1 o. less than thirty feet. In all other cases, a side yard, if provided, shall not be less 10-21-59 than three feet.

(3) Rear Yard: There shall be a rear yard of not less than ten feet, except where a C-2 District abuts a residential or multiple dwelling district, in which case there shall be a rear yard of not less than twenty feet.



46

-- ,

ARTICLE XII. C-3 WHOLESALE COMMERCIAL DISTRICT

58.91 In General.

The lands in the C-3 Wholesale Commercial District are currently used by a variety of commercial and semi-industrial enterprises or by location are peculiarly adapted to such uses. The district is characterized principally by wholesale distribution businesses, storage yards and facilities and various allied uses.


No building, structure, land or water shall be used except for one or more of the following uses; see Article XIV of this chapter, Performance Standards:


(2) Air conditioning sales and service.


(4) Art, antique and gift shop


(6) Automobile sales room and incidental servicing departments.

(7) Aviation connected industries.

(8) Bakeries.

(9) Banks.



(12) Bottling works.

(13) Bowling alley.

(14) Building material storage and sale, other than lumber yards.

(15) Bus, cab, truck repair, storage and terminals.


(17) Carting, express, hauling and storage yard.


(19) Cold storage and frozen food lockers.

(20) Confectionary manufacture.

47

(21 ) Contractor's storage yard and necessary milling operation for the contractor's business.


(23) Drive-in food establishments. -~1

(24) Drive-in theatre.


(26) Dyeing, dry cleaning, laundry and pick-up stations; self-service laundry.


(28) Florist shop.

(29) Garment manufacture.


(31 ) Hardware, bicycle, sporting goods, floor coverings, household and electrical appliance and service.

(32) Health baths.

(33) Hospitals; medical or dental clinics; nursing (convalescent) homes.





(38) Laboratories for testing materials, chemical analysis.

(39) Liquor stores (retail), taverns and cocktail lounges.

(40) Machinery sales and storage.

(41 ) Machine shop.

(42) Manufacture and assembly of scientific, electrical, optical and precision instruments or equipment.

~43) Manufacture of novelties and souvenirs.

(44) Mechanical garage

(45) Milk bottling and distribution plants; ice cream manufacture.

48

(46) Mortuary.

c'·, (47) Music conservatory, dancing schools and art studios.




(51) Packing houses for packing and processing fruit.

(52) Paint and wall paper stores for the retail sale of the products.










(62) Restaurants and tearooms where patrons are seated and served at tabies within the structure.



(65) Storage and sale of poultry.

(66) Storage and wholesale distribution warehouse.



(69) Theatres.

(70) Trade shops including tin smith, cabinet makers, rug and carpet cleaning, upholstering, mattress renovation, electrical, roofing and plumbing shop.

49

58.93

58.94

58.95

58.96

(71) Used Car Lot. Only minor mechanical repairs or servicing of cars for sale on the premises may be done and such work to be within an enclosed building.

(72) Go-kart tracks and miniature automobile roadways, subject to public hearing and conformance with regulations adopted by the Zone Commission on March 14, 1961, relating to this subject.

(73) Veterinary hospitals and kennels.

(74) Wholesale meat and product distribution.

(75) Any other establishment for the storage, manufacture, repair assembly, processing of materials that do not contribute to the congestion of traffic and that conform to the Performance Standards as set forth in Article XIII hereof.

(76) Any other retail store, business or service enterprise that, in the judgment of the Board of Zoning Adjustment, are consistent with those included above and further, that will be in harmony with the spirit of Section 58.01 to 58.168 of this Code.

J Deleted (77) Trailer park or house trailer court approved as to site and facilities by the Zone Doc. No.

Commission and the State Board of Health, after pu blic hearing. 9541 9-28-70


No building or structure shall exceed six stories or seventy-five feet in height unless otherwise provided for. Provided however, that no structure shall exceed the height limitations established by the Orlando-Orange County Airport Zoning Board with respect to the Airport Zoning District in which the building will be located.




(1) Front Yard: None required.


(3) Side Yard: No side yard required except on that side of a lot abutting upon the ~ D N side of a lot zoned for residence purposes, in which case there shall be a side yard of 36~'1 o. not less than thirty feet. In all other cases, a side yard, if provided, shall not be less 10-21-59 than three feet.



50

ARTICLE XIII. C-4 GENERAL COMMERCIAL-INDUSTRIAL DISTRICT

58.97 In General.

The lands of the C-4 General Commercial-Industrial District, served by railroad facilities and principal thoroughfares, are currently used by a variety of commercial, storage and industrial operations. The purpose of this district is to permit the normal operation of the majority of industrial uses under such conditions of operation as will protect the abutting residential and commercial uses. See Article XIV. Performance Standards.


No building, structure, land or water shall be used except for one or more of the follow- \ ing uses:


(2) Air conditioning sales and service.




(6) Automobile sales room and incidental servicing departments.

(7) Aviation connected industries.

- , (8) Bakeries.

(9) Banks.


(i i) Book and stationery stores; newsstands.

(12) Bottling works.

(13) Bowling alley.

(14) Building material storage and sale.

(15) Bus, cab, truck repair, storage and terminals.


(17) Carting, express, hauling and storage yard.

(18) Cement mixing plants.


51

(20) Coal, coke or wood yard, fuel storage.


(22) Concrete pipe and block manufacture and storage.

(23) Confectionary manufacture.

(24) Contractor's storage yard and necessary milling operation for the contractor's business.


(26) Drive-in food establishments.

(27) Drive-in theatre.


(29) Dyeing, dry cleaning, laundry and pick-up stations; self-service laundry.

(30) Fertilizer storage.


(32) Florist shop.

(33) Foundry casting light weight nonferrous metal not causing noxious fumes or gases.

(34) Garment manufacture.



(37) Health baths.

(38) Hospitals; medical or dental clinics; nursing (convalescent) homes.


(40) Ice plant.




(44) Laboratories for testing materials, chemical analysis.

52

(45) Liquor stores (retail), taverns and cocktail lounges.

(46) Lumber yards.

(47) Machinery sales and storage.

(48) Machine shop.

(49) Manufacture and assembly of scientific, electrical, optical and precision instruments or equipment.

(50) Manufacture of novelties and souvenirs.

(51) Manufacture of pottery or other similar ceramic products.

(52) Manufacturing, processing, fabrication, repair and servicing of any commodity or product, provided the performance standards are met.

(53) Mechanical garage.

(54) Milk bottling and distribution plants; ice cream manufacture.

(55) Mortuary.





(60) Packing houses for packing and processing fruit.

(61) Paint and wall paper stores for the retail sale of the products.


(63) Petroleum storage.


(65) Planing mill and millwork manufacturing plant.





53





(74) Sawmills.

(75) Sheet metal working shop.



(78) Steel storage and fabrication.

(79) Storage and sale of poultry.

(80) Storage and wholesale distribution warehouse.



(83) Theatres.

(84) Trade shops including tin smith, cabinet makers, rug and carpet cleaning, upholstering, mattress renovation, electrical, roofing and plumbing shop.

(85) Used car lot. Only minor mechanical repairs or servicing of cars for sale on the premises may be done and such work to be within an enclosed building.

(86) Go-kart tracks and miniature automobile roadways, subject to public hearing and conformance with regulations adopted by the Zone Commission on March 14, 1961, relating to this subject.


(88) Wholesale meat and product distribution.

(89) Any other establishment for the storage, manufacture, repair assembly, processing of materials that do not contribute to the congestion of traffic and that conform to the performance standards as set forth in Article XIII hereof.

(90) Any other retail store, business or service enterprise that, in the judgment of the Board of Zoning Adjustment, are consistent with those included above and further, that will be in harmony with the spirit of Section 58.01 to 58.168 of this Code.

54



(a) Storage of junk, waste or salvaged materials or automobile wrecking yard, provided the operation is conducted either within a closed building or screened from the public view by a solid fence of attractive design approved by the Building Official and Chief of the Fire Department.

(b) Storage of bottled gas, natural gas, manufactured gas or similar products when approved by the Building Official and Chief of the Fire Department.



There shall be no height limitation except that all buildings in excess of forty-five feet shall receive the approval of the Board of Zoning Adjustment. Provided, however, that no structure shall exceed the height limitations established by the Orlando-Orange County Airport Zoning Board with respect to the Airport Zoning District in which the building will be located.



58.102 Front. Rear and Side Yard Regulations.

(l) Front Yard: None required.


(3) Side Yard: None required except on that side of a lot abutting upon the side of a lot zoned for residence purposes, in which case there shall be a side yard of not less than thirty feet. In all other cases, a side yard, if provided, shall not be less than three feet.


See Article XV as to off-street parking regulations.

55

ARTICLE XIIIA. 1-1 RESTRICTED INDUSTRIAL DISTRICT

58.103-1 In General.

The intent and purposes of this district are as follows:

(1) To provide space for those industries which require locations accessible to major transportation facilities.

(2) To establish and maintain standards that will promote the development of those industries and related activities which desire an attractive, pleasant environment and compatible surroundings.

(3) To establish and maintain standards which will protect adjacent residential and commercial developments.


(1) Bakery products manufacturing.

(2) Banks.

(3) Battery manufacturing and storage.

(4) Boat manufacturing.

(5) Soft drink bottling.

(6) Building products manufacturing.

(7) Bulk storage of petroleum.

(8) Ceramics manufacturing.

(9) Chemical products manufacturing and processing.


(11) Dairy products manufacturing.

(12) Data processing services.

(13) Electrical machinery and equipment manufacturing.

(14) Food processing and packaging.

(15) Furniture decorating materials and upholstery manufacturing.

(16) Garment manufacturing.

(17) Glass and glass products manufacturing. I

(18) Helicopter landing facilities.

56

Doc. No. 6849 8-16-65

pages 56 -72

(19) Laundry and dry cleaning.

(20) Living quarters for guards, custodians, and caretakers when such facilities are accessory to uses to the primary occupancy of the premises.

(21) Machine shops.

(22) Manufacturing of metal, plastic, or cardboard containers.

(23) Motels.

(24) Motor vehicle assembly

(25) Paint or varnish manufacturing.

(26) Pharmaceutical products manufacturing.

(27) Photographic equipment and supplies manufacturing and processing.

(28) Post office.

(29) Printing, book binding, lithography and publishing plants.


(31) Radio and television studios and offices.

(32) Recreation facilities provided by an employer of the district for the exclusive use of employees, their families and guests.

(33) Restaurants.

(34) Shoe and leather goods manufacturing,

(35) Signs, identification and directional, or which advertise products manufactured, processed, stored or sold on the premises.

(36) Technical and trade schools for persons eighteen years old or older.

(37) Testing of materials, equipment and products.

(38) Textile manufacturing.

(39) Tire manufacturing.

(40) Truck terminals.

(41 ) Warehousing.

(42) Other uses which are similar or compatible to the uses permitted herein and which are not specifically prohibited in Section 58.103-3 and which would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Zone Commission, which shall be without public notice or public hearing.

57

58.103-3 Uses Prohibited.

(l) Any use or activity which is not in full compliance with all the requirements and standards set forth in this article.

(2) Drive-in restaurants.

(3) Drive-in theatres, bowling alleys, skating rinks, golf driving ranges, miniature golf courses and similar carnival or commercial type amusements except recreational centers or facilities provided by an employer of the district for the exclusive use of employees, their families and guests.

(4) Dwellings except living quarters for custodians, guards and caretakers when such facilities are accessory to primary occupancy of the premises.

(5) Elementary, junior high or high schools.

(6) Other uses which are similar to those listed above which are not specifically permitted in section 58.103-2 above and which the prohibition thereof would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Zone Commission, which shall be without public notice or public hearing.

58.103-4 Access to Street; Area of District.

Each I-I Restricted Industrial District shall be located on a major street as designated on the Arterial Street Plan, Orlando, Florida. Each district shall contain a minimum land area of fifteen acres.

58.103-5 Performance Standards.

Each use, activity or operation shall comply with the performance standards established in Article XIV of this chapter.

58.103-6 Front, Rear and Side Yard Requirements.

The minimum yard requirements for each lot are established as follows:

(l ) Front Yards: Thirty-five feet.

(2) Side Yards: Twenty-five feet.

(3) Rear Yards: Twenty-five feet.

However, the minimum front yards for lots which abut an arterial street shall be one hundred feet.

Rear yards may be reduced to zero when the rear property line coincides with a railroad siding; however, no trackage shall be located nearer than three hundred feet from any residential district.

A buffer yard of not less than one hundred feet in width shall be provided along each boundary line which abuts any district other than Rural Urban, Commercial Or Indus

58

trial Districts. Such buffer yard shall be in lieu of front, side or rear yards. The fifty feet of such yard nearest the district boundary line shall not be used for processing activity, building or structure other than fences or walls and shall be improved and maintained as a landscaped planting strip. The remaining fifty feet of such buffer yard shall not be used for processing activities, buildings or structure other than off-street parking lots for passenger vehicles, fences or walls.

58.103-7 Off-Street Parking and Loading Requirements.

The minimum parking and loading requirements are established in Article XV of this chapter.

58.103-8 Signs. (Deleted 5-6-74 Doc. No. 11825)

58.103-9 Additional Requirements.

Other requirements are as follows:

Driveways, streets and facilities for routing traffic shall be designed in such a manner than entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances nor exits shall direct traffic into adjacent residential districts.

There shall be no open storage of equipment, materials or commodities. The parking of commercial vehicles such as trucks, cargo trailers and tractors may be permitted on hard surfaced lots; provided, such lots shall not be located in any required buffer yard nor within the front fifty per cent of any required front yard. Furthermore, such commercial vehides, when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screen may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as viewed from any point along the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after commercial parking lots are established,

The parking of passenger vehicles shall be permitted in any required yard except the front fifty per cent of required front yards and portions of the buffer yards as otherwise established in this article.

Any portion of an improved lot or parcel not contained within the building or within paved parking and loading areas, aisles, drives or walkways shall be landscaped with turf, shrubs, trees or other plantings.

58.103-10 Site Plan.

Each application for a land use and building permit shall be accompanied with a site plan, incorporating the regulations established herein. The site plan shall be drawn to scale and indicating property lines, rights of way and the location of buildings, parking areas, curb cuts, driveways and landscaping. Such site plan shall be submitted to and

59

approved by authority and directive of the Zone Commission prior to the granting of a land use and building permit. Upon such approval, such site plan becomes part of the land use and building permit and may be amended only by authority and directive of the Zone Commission.

60

ARTICLE XIIIB. 1-2 INDUSTRIAL PARK DISTRICT.



0) To provide space for those industries which require locations near compatible neighbors, good transportion facilities and utilities.

(2) To establish and maintain high standards with respect to density and open space so that industrial districts may be developed near residential areas with a minimum of conflict.

(3) To establish and maintain standards that will promote the development of wide variety of industrial and related activities which require a pleasant environment, compatible surroundings and a low-density use of land.



Any use permitted in 1-1 and in addition the following uses:

0) Automobile laundry.

(2) Building material, storage and sales.

(3) Confectionery manufacture.

(4) Contractor's storage and equipment yards.

(5) Fire stations.

(6)

(7)

(8)

Heating and air conditioning sales and service.

Ice cream manufacturing.

Machinery sales and storage.

Doc. No. 7785 8-21-67

(9) Manufacture of novelties and souvenirs.

(0) Mechanical garage.

01 ) Milk bottling and distribution plants.

(2) Service stations.

(3) Trade shop, tinsmith, roofing and plumbing, etc.

(4) Truck stop.

(5) Veterinary hospitals.

61


Any use prohibited in the I-I Restricted Industrial District shall be prohibited.


Each 1-2 Industrial Park District shall be located on a major street as designated on the Arterial Street Plan, Orlando, Florida, or shall have access to a major street by a public street without passing through or alongside any residential district. Each district shall contain a minimum of seventy-five acres.



58.103-16 Front. Rear and Side Yard Requirements.


(l) Front yards: Thirty-five feet.

(2) Side yards: Twenty-feet.

(3) Rear yards: Ten feet.

However, the minimum front yards for lots which abut a major street shall be seventy feet.

On a single lot, one of the side yards may be reduced to fifteen feet; provided, the other side yard on such lot shall be increased to a minimum of twenty-five feet.

Rear yards may be reduced to zero when the rear property line coincides with a railroad siding; however, no trackage shall be located nearer than three hundred feet from any residential district.

A buffer yard of not less than one hundred fifty feet in width shall be provided along each boundary which abuts any district other than Rural Urban, Commercial or Industrial Districts. Such buffer yards shall be in lieu of front, side or rear yards on that portion of lots which abut district boundaries. The seventy-five feet of such yard nearest the district boundary line shall not be used for any processing activity, building or structure other than fences or walls and shall be improved and maintained as a landscaped planting strip. The remaining seventy-five feet of such buffer yard shall not be used for processing activities, building or structures other than off-street parking lots for passenger vehicles, fences or walls.




62



Driveways, streets and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that congestion is minimized. Furthermore, no entrances nor exits shall direct traffic into adjacent residential districts.

The open storage of equipment, materials or commodities may be permitted; provided, such storage shall not be located within any required front or buffer yard, shall be screened from all public streets and when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screens may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as viewed from any point along the public street right of way or the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after open storage uses are established.

The parking of commercial vehicles such as trucks, cargo trailer and tractors may be permitted on hard surfaced lots; provided, such lots shall not be located in any required buffer yard nor within the front fifty per cent of any required front yard. Furthermore, such commercial vehicles, when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screen may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as viewed from any point along the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after commercial parking lots are established.


Any portion of an improved lot or parcel not contained within a building or within paved parking and loading areas, aisles, drives or walkways shall be landscaped with turf, shrubs, trees or other plantings.

58.1 03-20 Site Plan.

Site plan requirements shall conform to section 58.103-10.

63

ARTICLE XIIIC. 1-3 INDUSTRIAL PARK DISTRICT



(l) To provide space for those industries which require locations neighbors, good transportation facilities, and utilities.

near compatible

(2) To establish and maintain regulations which will allow the continued development of certain existing industrially zoned property and certain lands adjacent thereto where there exists lots, structures and uses of land which were lawful before the adoption of this article, but which may be prohibited by the requirements of the I-I, 1-2, 1-4 and 1-5 Industrial Districts.

(3) To establish and maintain standards that will promote the development of a wide variety of industrial and related activities which require a pleasant environment, compatible surroundings and intensive use of land.



Any use permitted in the 1-2 Industrial Park District shall be permitted.


Any use prohibited in the 1-2 Industrial Park District shall be prohibited.


Each 1-3 Industrial Park District shall be located on a major street as designated on the Arterial Street Plan, Orlando, Florida, or shall have access to a major street by a public street without passing through or alongside any residential district. Each district shall contain a minimum of thirty-five acres.





(l) Front Yards: Twenty-five feet.

(2) Side Yards: Fifteen feet.

(3) Rear Yards: Ten feet.

Rear Yards may be reduced to zero when the rear property line coincides with a rail

64

road siding; however, no trackage shall be located nearer than three hundred feet from any residential district.

A buffer yard of not less than fifty feet in width shall be provided along each boundry line which abuts any district other than Rural Urban, Commercial, or Industrial Districts. Such buffer yard shall be in lieu of front, side or rear yards on that portion of lots which abut district boundaries. The thirty feet of such yard nearest the district boundary shall not be used for any processing activity, building or structure other than fences or walls and shall be improved and maintained as a landscaped planting strip. The remaining twenty feet of such buffer yard shall not be used for processing activities, buildings or structures other than off-street parking lots, walls or fences.






Driveways, streets and facilities for routing traffic shall be designed in such a manner than entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances nor exits shall direct traffic into adjacent residential districts.

The open storage of equipment, materials or commodities may be permitted; provided, such storage shall not be located within any required front or buffer yard, shall be screened from all public streets and when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screen may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as viewed from any point along the public right of way or the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after open storage uses are established.

The parking of commercial vehicles such as trucks, cargo trailers and tractors may be permitted on hard surfaced lots; provided, such lots shall not be located in any required buffer yard nor within the front fifty per cent of any required front yard. Furthermore, such commercial vehicles, when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screen may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as viewed from any point along the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after commercial parking lots are established.

65

ARTICLE XIIID. 1-4 GENERAL INDUSTRIAL DISTRICT



(1) To provide space for industries which employ the processing of bulk materials and which require space for open storage of materials.

(2) To establish and maintain standards which will permit a wide variety of processing activities.



The following uses shall be permitted:

(1 ) Any use permitted in the I-I Restricted Industrial District.

(2) Asphalt manufacturing or refining or any similar petroleum or petrochemical refining or manufacturing process.

(3) Asphalt or concrete paving, mixing or batching plant.

(4) Blast furnace or similar heat or glare generating operations.

(5) Cement, lime, gypsum or plaster of paris manufacture or the open storage of raw materials or finished products related to such manufacture.

(6) Corrosive acid manufacture or bulk storage, including but not limited to hydrochloric, nitric, sulphuric or similar acids.

(7) Fertilizer manufacturing and processing.

(8) The following uses: Animal slaughtering and the confinement of animals for feeding, finishing and preparation for slaughter; bond distillation or the reduction, rendering, incineration or storage of garbage, offal, animals or animal waste, fats, fish or similar materials or products; junk, salvage or wrecking yard or structure wherein motor vehicles, appliances or similar used equipment or material are stored, dismantled or sorted for display, sale or packing; provided, all open storage and processing activities are enclosed within a wall or structure. Such wall or structure shall be constructed and maintained in such a manner that no open storage or processing activity shall be visible from any public street or any point on the abutting property line.

(9) Other uses which are similar to those listed above which are not specifically prohibited in section 58.103-33 and which would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Zone Commission, which shall be without public notice or public hearing.

67


Any use specifically prohibited in section 58.103-3 shall be prohibited.


Each 1-4 General Industrial District shall be located on a major street as designated on the Arterial Street Plan, Orlando, Florida, or shall have access to a major street by a public street without passing through or alongside any residential district. Each district shall contain a minimum of one hundred acres.



58.103 -36 Front, Rear and Side Yard Requirements.

(l) Front Yards: Thirty-five feet.




Rear yards may be reduced to zero when the rear property line coincides with a railroad siding; however, no trackage shall be located nearer than five hundred feet from any residential district.

A buffer yard of not less than two hundred feet in width shall be provided along each boundary line which abuts any district other than Rural Urban, Commercial or Industrial Districts. Such buffer yard shall be in lieu of front, side or rear yards. The one hundred feet of such yard nearest the district boundary line shall not be used for any processing activity, building or structure other than fences or walls and shall be improved and maintained as a landscaped planting strip. The remaining one hundred feet of such buffer yard shall not be used for processing activities, buildings or structures other than off-street parking lots for passenger vehicles, fences or walls.




68



Driveways, streets and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances nor exits shall direct traffic into adjacent residential district.

, , The open storage of equipment, materials or commodities may be permitted; provided, such storage shall not be located within any required front or buffer yard, shall be screened from all major streets and when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screen may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as viewed from any point along the major street right of way or the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after open storage uses are established.

The parking of commercial vehicles such as trucks, cargo trailers and tractors may be permitted on hard surfaced lots; provided, such lots shall not be located in any required buffer yard nor within the front fifty per cent of any required front yard. Furthermore, such commercial vehicles, when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screen may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as 'viewed from any point along the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after commercial parking lots are established.

The parking of passenger vehicles shall be permitted in any required yard except the front fifty per cent of required front yards and portions of the buffer yards as otherwise established in this Article.

Any portion of any improved lot or parcel not contained within a building or within paved parking and loading areas, aisles, drives or walkways shall be landscaped with turf, shrubs, trees or other plantings.

58.103-40 Site Plan.

Site plan requirements shall conform to Section 58.103-10.

69

ARTICLE XIIlE. 1-5 AIRPORT INDUSTRIAL DISTRICT.



(1) To provide space for those industries and other uses of land which require a location in close proximity to airports.

(2) To promote safe and harmonious development of land near airports.

(3) To establish and maintain standards which will permit a variety of industrial and agricultural uses that do not require high concentrations of personnel.

(4) To establish and maintain standards which will protect adjacent residential and commercial development.


The following uses shall be permitted:

(1) Any use permitted in the 1-1 Restricted Industrial District which is not specifically prohibited in section 58.103-43.

(2) Animal or stock grazing.

(3) Bee keeping.

(4) Cemeteries.

(5) Dairy farms.

(6)

(7)

General farming, citrus cultivation and production.

Golf courses, gun ranges and similar uses which employ a low-density use of land.

pp~bro. 7-30-73

(8) Outdoor recreation facilities which do not encourage high concentrations of personnel.

(9) Plant nurseries, greenhouses and sod farms.

(10) Riding stables.


(12) Other uses which are similar to the uses permitted herein, which are not specifically prohibited in section 58.103-44 and which would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Zone Commission, which shall be without public notice or public hearing.

58-103-43 Building Height Regulations.

No building or structure shall exceed fifty (50) feet in height. No tethered-balloon shall be permitted to exceed fifty (50) feet in altitude above ground level. Provided, however, that no structure shall exceed the height limitation established by the Orlando-Orange County Airport Zoning Board.

70


The following uses shall be prohibited:

(l) Any use or activity which is not in full compliance with all the requirements and standards set forth in this article.

(2) Any use which is prohibited in the 1-1 Restricted Industrial District.

(3) Any use or activity which is prohibited by the Orlando-Orange County Airport Zoning Regulations.

(4) Auditoriums, stadiums and other places of assembly which contain more than one hundred seats within the main structure.

(5) Churches.

(6) Other uses which are similar to those listed above, which are not specifically permitted in section 58.103-42 and which the prohibition thereof would promote the intent and purposes of this district. Determination shall be made by authority and directive of the Zone Commission, which shall be without public notice or public hearing.

58.103-45 Area of District.

Each 1-5 Airport Industrial District shall contain a minimum of fifteen acres of land area.




(l) Front Yards: Thirty-five feet.




A buffer yard of not less than one hundred feet in width shall be provided along each boundary line which abuts any district other than Rural Urban, Commercial or Industrial Districts. Such buffer yard shall be in lieu of front, side or rear yards on that part of lots which abut district boundaries. The fifty feet of such yard nearest the district boundary line shall not be used for any processing activity, building or structure other than fences or walls and shall be improved and maintained as a landscaped planting strip. The remaining fifty feet of such buffer yard shall not be used for processing activities, buildings or structures other than off-street parking lots for passenger vehicles, fences or walls.

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Driveways, streets and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances nor exits shall direct traffic into adjacent residential districts.

The open storage of equipment, materials or commodities may be permitted; provided, such storage shall not be located within any required front or buffer yard, shall be screened from all public streets and when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screen may be in the form of walls, fences or landscaping, shall be at least six feet in height and shall be at least fifty per cent opaque as viewed from any point along the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen months after commercial parking lots are established.


58.l03~5l Site Plan.

Site plan requirements shall conform to Section 58.103-10.

Doc. No. 6849 8-16-65 pages 56 -72

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8-7-61

ARTICLE XIV. PERFORMANCE STANDARDS.

58.104 In General.

All uses in all zoning classifications, including uses in the C-3 Wholesale Commercial District and the C-4 General Commercial-Industrial District, shall conform to the standards of performance described within the article below and shall be so conststructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. Within three hundred feet of a residential district, all processes and storage, except of passenger vehicles, shall be in completely closed buildings. Processes and storage located at a greater distance shall be effectively screened by a solid wall or fence at least six feet in height, but in no case lower in height than the enclosed process or storage.

58.105 Noise

Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittance, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.

Along property line abutting Along property line abutting a residential district between an industrial or commercial

Octave bands in cycles per

8:00 A.M. and 6:00 P.M.* Maxium permitted sound

district. Maximum permitted sound level in decibels

second level in decibels 0-75 72 79 75-150 67 74 150-300 59 66 300-600 52 59 600-1,200 46 53 1,200-2,400 40 47 2,400-4,800 34 41 over 4,800 32 39

llic. No. 4890

* Permissible sound level between 6 :00 P. M, and 8 :00 A. M. shall be decreased by 3 decibels in each of the octave bands.

58.106 Vibration.

Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments at any point on the property line of the property on which the use is located. No vibration at any time shall produce an acceleration of more than O.lg or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7 U.S. Bureau of Mines Bulletin No. 442. The equations of said bulletin shall be used to determine the values for enforcement.

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58.107 Smoke.

Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringelmann Smoke Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringelmann Chart may be emitted for a period or periods totaling four minutes in any thirty minutes. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of sections 58.01 to 58.168 shall be standard. All measurements shall be at the point of emission.

58.108 Dust and Dirt.

Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property and health of persons or animals at or beyond the lot line of the property on which the use is located.

58.109 Industrial Sewage and Waste.

Every use shall be so operated as to prevent the discharge into any stream, lake or the ground of any waste which will be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot line of the property on which the use is located.

58.11 a Odors.

Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot, line of the property on which the use is located. There is hereby established as a guide in determining the quantities of offensive odors Table III, Chapter 5, "Air Pollution Abatement Manual" of the Manufacturing Chemists Association, Inc., Washington, D. C.

58.111 Glare.

Every use shall be so operated as to prevent the emission of glare of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

58.112 Fire and Safety Hazard.

Each use shall be operated so as to minimize the danger from fire and explosion. The specific regulations to be met are set forth in the Building Code and the Fire Prevention Ordinance of the City.

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ARTICLE XV. OFF-STREET PARKING AND LOADING REGULATIONS.

58.113 Definitions.

For the purpose of Section 58.01 to 58.168 of this Code, certain terms and words are defined as follows:

Off-street parking space: Whenever the term parking space is herein referred to, it shall be either garage or off-street standing storage space, for the parking of passenger vehicles, having an area of not less than two hundred square feet with a minimum width of ten feet and a minimum length of twenty feet for each automobile intended to be parked thereon with necessary and adequate space for the approach, turning and exit of automobiles to a public street or alley. '

Doc. No. 9988 8-2-71

Other Vehicular Use Areas: All areas used for the display or parking of any and all types] Doc. No. of vehicles, boats and equipment, whether self-propelled or not, and all land upon which 10150 vehicles traverse the property as a function of the primary use. 11-1-71

Parking lot: A parking lot shall mean any land used, provided or permitted to be used for the parking of automobiles.

Off-street loading and unloading space: An open hard surfaced area other than a street ~r a public way, the principal use of which is for standing, loading and unloading of motor Doc. No. trucks, tractors and trailers, to avoid undue interfer~nce.with ~he public us~ of streets and 4942 alleys. Such space shall not be less than twelve feet In width, fifty-five feet In length and 9-5-61 fourteen feet in height, exclusive of access aisles and maneuvering space.


There shall be provided at the time of the erection of any principal building or structure or at the time any principal building or structure is enlarged or increased in capacity by the addition of dwelling units, guest rooms, floor area or seats, minimum off-street automobile parking space with adequate provisions for ingress and egress by an automobile of standard size, in accordance with the following requirements:

(L) Central Business District. TIle area known as the Central Business District and more I

particularly described as follows shall, with the exception of theaters licensed after the date of this amendment, be exempted from furnishing parking spaces as required herein: Begin at a point on the south boundary of Section 26, Township 22 South, Range 29 East, where said section line on South Street is intersected by the center Peforo

. line of Orange Avenue, run east on South Street along said section line to Rosalind 3-4-74 Avenue; then north along the center line of Rosalind Avenue to East Livingston Street; then west along the center line of Livingston Street to Garland Street; then south along the center line of Garland Street to the point of intersection at South Street with the south boundary of said Section 26; then east on South Street along the south boundary of said Section 26 to the point of beginning at Orange Avenue; and Lots 1-4 inclusive, Southeast Financial Plaza Sub., Plat Book 5, Page 83, Public Records of Orange County, Florida.

(2) One-family dwellings. Two parking spaces per family dwelling unit, at least one OJ D N which shall be located back of the building line, except in an R-l AA one family 3~42 o. dwelling zoning district, both of such spaces shall be located back of the building 11-25-59 line.

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(3) Two-family and multiple-family dwellings.

(a) Two-family: One (1) parking space per dwelling unit.

(b) Efficiency apartments: One (1) parking space per unit.

(c) Studio - One bedroom apartments: One and a half (l Y2) parking spaces per unit.

(d) Two bedroom apartments: One and three-fourth (1 %) parking spaces per unit.

(e) Three or more bedroom apartments: Two (2) parking spaces per unit.

(f) All parking spaces shall be located back of the building setback line.

Doc. No. 11315 8-6-73

75a

(4) Hotels. One parking space for each three guest or sleeping rooms or suites, plus one additional parking space for each five employees.

(5) Tourist homes, cabins and motels. One parking space for each guest or sleeping room or suite, plus one additional parking space for the owner or manager if resident on the premises.

(6) Trailer courts or camps. One parking space for each trailer space.

(7) Lodginghouses, rooming and boardinghouses. One parking space for each two guest rooms plus one additional parking space for owner or manager if resident on the premises.

(8) Fraternal organizations, lodges or private clubs. One parking space for each five active members resident in Orange County. Plus one additional parking space for each two employees.

(9) Hospitals. One parking space for each four patient beds (excluding bassinets) plus one parking space for each staff or visiting doctor ( based on average number), plus one parking space for each four employees, including nurses.

(0) Sanitariums or convalescent homes. One parking space for each six patient beds, plus one parking space for each staff or visiting doctor (average), plus one parking space for each four employees, including nurses.

(1) Medical of dental clinics. Three parking spaces per doctor, plus one additional parking space for every two employees.

(12) Mortuaries or funeral parlors. Space for all "official" vehicles, plus one parking space for each family resident on the premises, plus three parking spaces for each four employees (other than those resident on the premises), plus such additional space for funeral visitors as shall be determined by the Board of Zoning Adjustment to be necessary, considering factors such as number of funerals that can be handled at the same time, the size of the facilities, the economic characteristics of the groups catered to, etc.

(13) Welfare institutions (asylums, orphanages, etc.). One parking space for each doctor (staff or visiting) associated with the institution, plus additional parking spaces equal in number to seventy-five per cent of the number of employees, plus such additional space for business and social visitors as shall be determined by the Board of Zoning Adjustment to be necessary, in light of the needs of the particular institution.

(14) Community centers, libraries, museums, post offices, etc. Spaces equal in number to seventy-five percent of the number of employees, plus such additional parking spaces for visitors as shall be found by the Board of Zoning Adjustment to be necessary, in the light of the particular needs and circumstances of the institution.

(15) Dance Halls. One parking space for each thirty-six square feet of dance floor area, plus additional parking spaces equal in number to seventy-five per cent of the number of employees.

(16) Bowling alleys. Four parking spaces for each alley, plus one additional parking space for each two employees.

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(17) Convention halls, amusement parks, race tracks, skating rinks and similar uses. Spaces equal in number to seventy-five per cent of the number of employees, plus such additional space for patrons and visitors as shall be found by the Board of Zoning Adjustment to be necessary, in view of the type of use, its location, and other factors governing parking generation.

(18) Auditoriums and theatres. One parking space for each ten seats plus additional parking spaces equal in number to seventy-five per cent of the number of employees.

(19) Gymnasiums (operated by high schools, public recreation department, commercial and nonprofit organizations). One parking space for each six seats, plus additional parking spaces equal in number to seventy-five per cent of the number of employees, provided, however, that the requirements for off-street parking spaces with respect to gymnasiums shall not be applicable if the gymnasium is located on a high school campus and the school has met the requirements for off-street parking space for the school auditorium located on the same high school campus.

(20) Stadiums. One parking space for each six seats, plus additional parking spaces equal in number to seventy-five per cent of the number of employees.

(21 ) Churches. One parking space for each eight seats, plus one parking space for each church official resident on the premises, plus additional parking spaces equal in number to fifty per cent of the number of permanent employees.

(22) Schools (Elementary and Junior High). One parking space for everyone thousand square feet of floor area, plus sufficient off-street space for safe and convenient loading and unloading of students,

(23) Schools (High and Vocational and Colleges), Two parking spaces for every one thousand square feet of floor area, plus sufficient off-street space for safe and convenient loading and unloading of students, plus one parking space for each ten seats in the school or college auditorium, provided however, if the school or college campus has a gymnasium, such spaces may be credited toward meeting the requirements for off-street parking for the auditorium located on the same campus.

(24) Office, professional or public buildings. One parking space for each. three hundre] Pf~i fo,

square feet of floor space in the building, excluding hallway, stair. wens, elevator 8-6-73 shafts and storage space.

(25) Airports, railroad passenger stations, bus depots or other passenger temljnal facilities. Such space as the Board of Zoning Adjustment shall find to he necessary for employees, for loading and unloading of passengers and for spectators, visitors and others.

(26) Restaurants, night clubs, tearooms or lunch counters. One parking space for each one hundred square feet of floor space for patron use in the building.

(27) General business and retail commercial. One parking space for each three hundred square feet of floor space in the building exclusive of storage area,

(28) Industrial or manufacturing establishments. One parking space for each four employees (based on maximum number employed at. anyone time), plus additional space

77

as is required for all vehicles used directly in the conduct of the enterprise.

(29) Lumber yards and building supply firms. Same as industrial or manufacturing establishments.

(30) Furniture and appliance stores, household equipment and furniture repair shops. One space for each six hundred square feet of floor space in the building, exclusive of storage and shipping area.

(31 ) Dance studios and dance schools. One parking space for each three hundred square feet of floor area used for instruction.

58.115 General Provisions for Off-Street Parking.

The off-street parking, loading and unloading requirements shall apply to all new buildings or structures, or any existing buildings that may be substantially altered or added to after the effective date of this section*, except as otherwise provided in Section 58.01 to 58.168 of this Code.

(1 ) Change in intensity of use. Whenever a building or structure erected prior to or after the effective date of this section shall undergo any increase in number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measure specified hereinafter for required parking or loading facilities and further, when said increase would result in a requirement for additional parking or loading facilities thru application thereto of the "off-street parking regulations" and "off- street loading and unloading regulations" of Sections 58.01 to 58.168 of this Code, such additional facilities shall be provided accordingly, except that no building or structure erected prior to the effective date of this section shall be required to provide parking or loading facilities unless the aforesaid additional required facilities amount to an increase of at least twenty-five per cent, in which case parking or loading spaces shall be provided on the basis of the additional units of measurement of the new use or of the altered or expanded existing use.

When a building or structure shall undergo any decrease in number of dwelling units, gross floor area, seating capacity, or other unit of measurement specified hereinafter for required parking or loading facilities, and further, when said decrease would result in a requirement for fewer total parking or loading spaces thru application thereto of the "off-street parking regulations" and "off-street loading and unloading regulations" of Sections 58.01 to 58.168 of this Code, parking and loading facilities may be reduced accordingly, provided that existing parking and loading facilities shall be so decreased only when the facilities remaining would at least equal or exceed the parking or loading requirements resulting from application of Sections 58.01 to 58.168 of this Code to the entire building or structure as modified.

(2) Minimum distance and setbacks. The parking space, if on the same lot with a main building, shall not be located within the front yard required by Sections 58.01 to 58.168 of this Code for such building. If not on the same lot with the principal building, the parking lot shall not be closer to any street line than the established building line on adjacent properties, or less than the setback required for the district in which the parking area is located. Further, any wall, fence or hedge devel

* Original ordinance from which this section was derived was passed on February 4, 1959.

78

oped along the street side of the parking lot shall observe the building setback requirements applicable on such street or streets.

(3) Screening and landscaping. All parking lots shall be effectively screened on each side which adjoins or fronts property situated in any residence or multiple dwelling district by a wall, fence or densely planted compact hedge. Such wall, fence or hedge shall be not less than three feet nor more than four feet in height and shall be maintained in good condition.

(4) Lighting. Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining properties.

(5) Plot plan showing location of parking area. No application for zoning compliance of a new, enlarged or altered structure or improvement for use shall be approved unless accompanied by a plot plan drawn to scale showing all required off-street automobile parking facilities as specified herein; nor shall approval be issued for the improvement of a parking area to serve as an accessory use to an existing building or buildings until a plot plan drawn to scale has been submitted in accordance with the provisions contained herein.

Doc. No. 8782 5-19-69

(6) Issuance of final approval. No final approval by the Zoning Department will be issued upon completion of any building or addition which would require an increase in parking space or off-street loading and unloading space unless and until all off-street parking and loading space requirements shown upon the plans shall be in place and determined by the Zoning Administrator or his deputy to be ready for use.

(7) Repealed by ordinance May 19, 1969.

(8) Loading Space. As required under the "off-street loading and unloading regulations" the space supplied for such off-street loading and unloading purposes shall not be construed as supplying required off-street parking space.

(9) Surfacing and Location of Parking Space. Parking space provided pursuant to thi~ section and the access to parking space from public streets must be gravelled or hard I~g~~ No surfaced and properly drained and shall be located on the same property as the 8~2~71 principal building, or on a properly zoned lot within three hundred (300) feet of the building. Such distance shall be walking distance measured from the nearest point of the parking lot to the nearest boundary of the property on which the building is located that said parking lot is required to serve.

In determining automobile parking spaces, if not shown by actual plan and count, four hundred (400) square feet of gross area per parking space will be used in computing the number of spaces.

When units or measurements determing the number of required off-street parking and off-street loading spaces result in a requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one off-street parking or off-street loading space.

(l0) Collective action relative to off-street parking and loading. Nothing in Sections 58.01 to 58.168 of this Code shall be construed to prevent the joint use of offstreet parking or off-street loading space for two or more buildings or uses if the

79

, 1

total of such spaces, when used together, shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the "off-street parking regulations" and "off-street loading and unloading regulations" of Sections 58.01 to 58.168 of this Code.

(11 ) Mixed uses. In the case of mixed uses, the total requirements for off-street parking and loading space shall be the sum of the requirements of the various uses computed separately as specified in the "off-street parking regulations" and "off-street loading and unloading regulations" of Sections 58.01 to 58.168 of this Code, and the offstreet parking and off-street loading space for one use shall not be considered as providing the required off-street parking or off-street loading space for any other use.

(12) Use of required off-street parking by another building. No part of an off-street parking lot required for any building or use for the purpose of complying with the provisions of Sections 58.01 to 58.168 of this Code shall be included as a part of an off-street parking area, similarly required for other building or use, unless the type of structure indicates that the periods of usage of such structures will not be simultaneously used with each other . . . . . such determination to be made by the Board of Zoning Adjustment; or, unless the size of said off-street parking lot is sufficient to comply with the provisions of Sections 58.01 to 58.168 of this Code.

(13) Remote parking lots encumbered. Where the provisions of off-street parking for a building or other use established subsequent to the adoption of this section* involves one or more parcels or tracts of land that are not a part of the plot on which the principal use is situated, the applicant for a permit for the principal use shall submit with his application for zoning approval an instrument duly executed and acknowledged, which subjects the parcels or tracts of land to parking uses in connection with the principal use for which it is available.

Provided, however, that such encumbrance shall only be effective for the period of time during which the certificate of occupancy is in effect for the particular use for which the building permit is issued. However, the new occupancy shall still meet the requirements for such new occupancy as provided by Sections 58.01 to 58.168 of this Code.

The applicant shall deposit the necessary recording fee and upon the issuance of zoning approval, the Zoning Administrator shall cause the instrument to be recorded in the office of the Clerk of the Circuit Court of the county. Such encumbrances shall be null and void and of no effect, if and when the city shall rescind or terminate off-street parking requirements for the building to be served by the encumbered lot, parcel or tract.

(14) Powers of variance of Board of Zoning Adjustment. The Board of Zoning Adjustment is here by authorized and empowered, after a proper hearing thereon with due notice to the interested parties, to permit a variation or modification in the required location of the off-street parking space, if after investigation by such board it is found that such variation is necessary to prevent unreasonable hardship or to secure an appropriate development of a specified parcel of land which has such peculiar or exceptional geographical or topographical conditions, or is of a size, shape, dimension or location that it cannot be reasonably developed in accordance with the provisions of Sections 58.01 to 58.168 of this Code, as herein specified; provided, however, that any variation or modification as herein authorized will not be inconsistent with the spirit and purpose of this amendment.

* May 19, 1969.

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Doc. No. 8782 5-19-69

(l5) Accessory parking in residential areas. A lot or lots separated by a common boundary from a commercial district but located in an R-3 and/or R-4 Multiple Family Dwelling District may be used as a free parking lot or lots to service the contiguous and adjoining commercial use or uses, provided however that:

(a) No advertising signs are erected in the area.

(b) The setback from the front property line shall be the same as for the district in which the lot or lots are located.

(c) All automobile parking lots shall be effectively screened on each side which adjoins or fronts property situated in any residence or multiple dwelling district by a wall, fence or densely planted compact hedge. Such wall, fence or hedge shall be not less than four feet in height and shall be maintained In good condition.

(d) No structures shall be erected in such area.

(16) "Common boundary" construed. For the purposes of subsection (l 5) above, the term "common boundary" shall be deemed to include all or any part of a line between a commercial district and an R-3 and/or R-4 Multiple Family Dwelling District, or the separation of a commercial district from an R-3 and/or R-4 Multiple Family Dwelling District by an intervening public street, alley or other way where the parcels in question lie wholly or partly in a position directly opposite from each other in such a manner that in the absence of the public street, alley or way, the parcels would have a common boundary line in whole or in part.


The provisions of this section shall be the minimum requirements to promote the public health, safety and general welfare by providing for installation and maintenance of certain landscaped areas; to protect the character and stability of residential, business, institutional and industrial areas and to conserve the value of land and buildings on surrounding properties and neighborhoods.

(l) Definitions: As used in Sections 58.01 to 58.246 of this Code, unless the context otherwise requires, the following words and phrases shall have the meaning set opposite them for any and all purposes:

(a) Encroachment: Encroachment is defined as any protrusion of a vehicle outside of a parking space, display area or accessway into landscaped area.

(b) Landscaping: Landscaping shall consist of any of the following or a combination thereof: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

(c) Palms: Trees of tropical of subtropical species commonly marked by a simple stem and terminal crown of large leaves.

(d) Trees: Self-supporting woody plants of species which normally grow to an overall height of a minimum of fifteen (l 5) feet.

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Doc. No. 3501 7-8-59

Doc. No. 10162 11-8-71

(e) Shrubs and Hedges: A self-supporting, non-deciduous species of plants as normally grown in the City of Orlando.

(0 Vines; Vines are plants which normally require support to reach mature form.

(2) Landscaping of off-street parking and other vehicular use areas shall conform to the minimum requirements hereinafter provided.

(a) Installation: The owner, tenant and/or agent, if any, shall be jointly and severally responsible for installing landscaping according to accepted commercial planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements of the City of Orlando. Landscaped areas shall require protection from vehicular encroachment as herein provided in paragraphs (2) (e) and (2) (0 (7). Qualified representatives of the City of Orlando shall inspect all landscaping and no Certificates of Occupancy or similar authorization shall be issued prior to landscaping conforming to the requirements herein provided.

(b) Maintenance; The owner, tenant and/or agent, if any, shall be jointly and severally responsible for maintaining such landscaping in a healthy, neat and orderly condition. The owner shall provide each landscaped area with a readily available water supply with a minimum of one (I) outlet within 150 feet of all plant material to be maintained.

(c) Plant Material:

1. Quality: Plant materials used in conformance with provisions of this section shall equal or exceed the standards for Florida No. 1 as given in "Grades & Standards for Nursery Plants", Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee and any amendments thereto. Grass sod shall be clean and reasonably free of weeds and noxIOUS pests or diseases. Grass seed shall be delivered to the jo b site in containers with Florida Department of Agriculture tags attached indicating the seed grower's compliance with the Department's quality control program.

2. Trees shall be species of an average mature spread or crown greater than fifteen (IS) feet and trunk(s) which can be maintained in a clean condition with over seven (7) feet of clear wood. Trees having an average mature spread or crown less than fifteen (15) feet may be substituted by grouping the same so as to create the minimum fifteen (IS) foot crown spread. Trees shall be a minimum of six (6) feet in overall height immediately upon planting. Trees of species providing roots known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public works, unless the tree root system is completely encased with a container for which the minimum interior dimensions shall be five (5) feet square and five (5) feet deep in compliance with the construction requirements of the City of Orlando Engineering Department.

Palms shall be considered trees in accordance with a list of tree species maintained by the City of Orlando Parks Department for guidance of the public.

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Doc. No. 10162 11-8-71

3. Shrubs and Hedges: Shrubs shall be a minimum of two (2) feet six (6) inches in height immediately upon planting. Hedges shall be of nondeciduous species and planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one 0) year after planting.

4. Vines: Vines shall be a minimum of twelve (2) inches in height immediately upon planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.

5. Ground Covers: Ground covers used in lieu of grass shall be planted in such manner as to present a finished appearance and reasonably complete coverage within three (3) months after planting.

6. Lawn Grass: Grass shall be species normally grown as permanent lawns in the City of Orlando. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion and providing that in areas where other than solid sod grass seed is used, nurse-grass seed shall be sown for early coverage with protection until coverage is otherwise achieved.

(d) Landscaping Adjacent to Public Rights- of- Way Including Streets and Walks:

The owner, tenant and/or agent, of an off-street parking or other vehicular use area shall landscape between such area and any adjacent public street, walk, or right-of-way as provided below. Landscaping is not required if the area is entirely screened from the right-of-way by an intervening building or structure. Prior to issuance of a Certificate of Occupancy by the Building Official, this landscaping shall be installed as follows:

1. A landscaped strip at least five (5) feet wide.

2. One 0) tree planted within each fifty (50) lineal feet or fraction thereof in a planting area of at least twenty-five (25) square feet with the minimum dimension of at least five (5) feet.

3. A hedge, wall or other durable landscape screen at least two (2) feet six (6) inches in height except as provided in Paragraph (2) (g) of this section.

4. If the durable screen is of non-living material, one (1) shrub or vine shall be planted abutting the screen for each ten (0) feet but not necessarily evenly spaced ten (0) feet apart. Such shrubs or vines shall be planted along the street side of the screen or of sufficient height at the time of planting to be readily visible over the top of the screen.

5. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape material.

6. All ground between the right-of-way and off-street parking or other vehicular use area shall be landscaped.

(e) Perimeter Landscaping Adjacent to Abutting Properties:

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Doc. No. 10162 11-8-71

The owner, his tenant and/or agent, of an off-street parking or other vehicular use area shall landscape between such area and the abutting property as provided below. Landscaping is not required if the area is entirely screened from the abutting property by an intervening building or structure. Prior to the issuance of a Certificate of Occupancy by the Building Official, this landscaping shall be installed as follows:

1. A wall, hedge, or other durable landscape screen at least five (5) feet in height between the common lot line and the off-street parking or other vehicular use area.

2. Live screening materials shall be planted in a strip not less than two and one-half (2-12) feet in width.

3. Perimeter landscaped areas shall be protected from vehicular encroachment by the use of curbing or wheel stops.

4. Where the abutting property is zoned or used for non-residential purposes, only the tree provisions with its planting area as prescribed in this subsection shall apply to the rear and sides; but all perimeter requirements shall apply to the front setback area.

5. A minimum of one (1) tree shall be planted within and for each seventyfive (75) lineal feet or fraction thereof and in an area of at least twentyfive (25) square feet with a minimum dimension of at least five (5) feet.

6. The strip shall be landscaped with grass, ground cover or other landscape material.

Exception: This subsection shall not apply to a proposed parking or other vehicular use area abutting a conforming hedge, wall or other durable landscape screen if hedges are protected against vehicular encroachment.

(f) Landscaping the Interior of Off-street Parking and Vehicular Use Areas:

The owner, tenant and/or agent of an off-street parking or other vehicular use area shall landscape the interior of these areas to define aisles and other vehicular use areas and to provide relief from the expanse of paving. Prior to issuance of a Certificate of Occupancy by the Building Official, this landscaping shall be installed as follows:

1. Off-street parking areas: At least ten (10) square feet of interior landscaping for each parking space, excluding those spaces abutting a perimeter for which landscaping is required, and excluding all parking spaces which are directly served by an aisle abutting and running parallel to this perimeter.

2. Other vehicular use areas: At least one (1) square foot of landscaping for each 100 square feet of paving over 5,000 square feet. At least one (l) square foot of landscaping shall be provided for each 200 square feet of paved area over 50,000 square feet.

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3. If the property contains both parking and other vehicular use areas, the two areas may be separated to determine the landscaping required by this subsection for the other vehicular use area by multiplying the total number of parking spaces by 400 and subtracting the resulting figure from the total square footage of the paved area.

4. Each separate landscaped area shall be a minimum of fifty (50) square feet with a minimum dimension of five (5) feet and shall include at least one (l) tree. The remaining area shall be adequately landscaped with shrubs, ground cover or other authorized landscaping material.

5. There shall be not less than one (l) tree for each one hundred (l00) square feet of the interior landscaped area or fraction thereof.

6. In areas zoned for industrial use, the requirements shall be reduced by 50% unless greater requirements are imposed for such industrial district.

7. All planting areas except those abutting the perimeter of a parking lot or area, shall be raised and curbed.

Exception: If the application of this subsection will seriously limit the function of the area, the interior landscaping may be located near the perimeter of the paved area including the perimeter adjacent to a building on the site. Such required interior landscaping which is re-located shall be in addition to the perimeter landscaping required. The front of a vehicle may encroach upon any interior landscaped area when said area is at least three and one-half (3Y2) feet in width for each abuttingparking space and protected by wheel stops or curbing. Two (2) feet of the landscaped area may be part of the required depth of each abutting parking space.

(g) Sight Distance for Landscaping Adjacent to Public Rights-of~Way and Points of Access:

No landscaping, tree, fence, wall or similar item shall be maintained in the vicinity of any corner, street, intersection or accessway intersecting a public right-of-way that the Traffic Engineer of the City of Orlando, or his designee, determines is an obstruction to visibility, extends into sight lines, or is a traffic hazard.

(h) Existing Plant Material: The Director of Planning & Development, or his designee, may adjust the application of the above standards, in part or in whole, to allow credit for healthy plant material on a site prior to its development if, in his opinion, such an adjustment is consistent with the intent of this section.

(3) Other ApPlicable Regulations: The provisions of this ordinance shall be subject to other applicable regulations where such regulations are more restrictive and not otherwise inconsistent with the provisions of this ordinance.

58.116 Off-Street Loading and Unloading Regulations.

Doc. No. 10162 11-8-71

On the same premises with every building, structure or part thereof, erected and occuPie~Doc. No. for manufacturing, storage warehouse, food processing or wholesale distribution plant, 4942

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85

goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution by vehicles, of materials or merchandise, there shall be provided and maintained on the lot adequate space for the standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys. Such space, unless adequately provided elsewhere on the lot, shall include a minimum of twelve feet by fifty-five feet load space with a fourteen foot minimum height clearance for every twenty thousand square feet or fraction thereof in excess of three thousand square feet of building floor uses for the above-mentioned purposes, or for twenty thousand square feet or fraction thereof in excess of three thousand square feet of land used for the above-mentioned purposes. Provided, however, that the provision of subsection (9) of the preceding section, location of parking spaces, waiving fractional units or measurements shall not apply to the first off-street loading and unloading space as required under this section.

Dx:.~. 4942 9-5-61

86

ARTICLE XVI. NONCONFORMING USES.

58.117 In General.

The lawful use of any building, structure or land existing at the time of the adoption of this section" may be continued although such use does not conform to the provisions thereof, provided, however, the following conditions are met:

1. Unsafe structures or buildings. Any structure or building or portion thereof declared unsafe may be restored to a safe condition.

2. Construction approved prior to permit. Nothing herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit.

3. Alteration. A nonconforming building may be maintained and repairs and alterations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law including eminent domain proceedings. Repairs as plumbing or the changing of partitions or other interior alterations are permitted.

4. Extension. Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged.

5. Nonconforming use of land. When a nonconforming use of land has been discontinued for a period of six months, its future use shall revert to the uses permitted in the district in which said land is located.

6. Change to another use. A nonconforming use now existing may be changed to another nonconforming use of equal or improved character when approved by the Zone Commission.

7. Abandonment. A nonconforming use of land or of a building which has been vacated or abandoned for one hundred and eighty days shall not thereafter be occupied by any nonconforming use.

8. Conforming one and two-family dwellings. One and two-family dwellings located in the R-lAA, R-lA, R-l or R-2 Districts that are conforming as to the zoning requirements of the City prior to the adoption of this section,* shall be construed as being conforming one and two-family dwellings under the provisions of Sections 58.01 to 58.168 of this Code.

One and two-family dwelling structures that are nonconforming prior to the adoption of this section, shall be construed under Sections 58.01 to 58.168 of this Code as continuing to be a nonconforming use. Apartment houses and multiple family dwellings with more than two units are not to be considered under the provisions of this paragraph.

* February 4, 1959.

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ARTICLE XVII. GENERAL PROVISIONS AND EXCEPTIONS.

58.118 In General.

The foregoing regulations shall be subject to the following general provisions and exceptions.

58.118-1 Additional Conditional Uses in C-l A, C-l and C-2 Commercial Districts.

Multiple family residential units may be permitted as conditional uses in C-l A, C-l and C-2 Commercial Districts when, after review of an application and plans appurtenant thereto and hearing thereon, the Zone Commission finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest and complies with the additional requirements herein set out and so recommends to the City Council, such additional requirements being as follows:

(A) Multiple family dwellings must contain not less than twelve dwelling units.

(B) Minimum height of dwelling unit structures shall not be less than four stories and have elevator service installed.

(C) In C-l A Districts the building site area requirements shall be the same as those for the R-4 Multiple Family Dwelling District; however, additional site requirements shall be eliminated above the fourth floor. In C-l and C-2 Districts the building site area shall be a minimum of seven thousand five hundred square feet for the first eight units and five hundred square feet for each additional unit over eight on the first through the fourth floors inclusive. Additional site requirements shall be eliminated above the fourth floor.

(D) The front and rear yard requirements shall be the same as that district in which the structure is to be located.

(E) The side yard requirements shall be the same as those permitted in the district in which the structure is to be located.

(F) The maximum height of residential structures permitted in the C-l A and C-l Districts shall be seventy-five, and in the C-2 District the maximum height shall be two hundred feet. Provided, however, that no structure shall exceed the height limitation established by the Orlando-Orange County Airport Zoning Board with respect to the Airport Zoning District in which the building will be located.

(G) There shall be a minimum of one off-street parking space provided for each dwelling unit with necessary off-street loading and unloading space. Loading and unloading space for the residential structure may be included in the driveway, parking area within or without the building or other multi-purpose areas as long as the required space and height requirements are provided. If the building is developed for mixed uses (commercial and residential), then the commercial requirements for loading and unloading space shall apply for the commercial uses.

(H) Mixed uses. Business uses permitted in the zoning district in which the structure is to be located will be permissible; however, such use shall be limited as follows: For each three floors of dwelling units, there may be one floor devoted to commercial uses permitted, in the district. Required off-street parking for these busi

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nesses shall be provided in addition to that parking designated for residential units. However, off-street parking requirements for businesses shall not be required if located within the central business district.

(I) A five foot masonry wall or equivalent screening with necessary gates shall be placed and maintained along the side or rear yard of any residential zoned property or alleys, except on corner lots, it shall not extend in such a manner as to impair visibility.

58.118-2 Additional Criteria for Town house Development as Conditional Use in R-3 Multiple Family Dwelling District.

Where town house developments are permitted as a conditional use in the R-3 Multiple Family Residential District, the applicant shall submit with the application a plot plan indicating compliance with the following criteria:

(l) General.

(a) Site plan specifications. As part of the data necessary to complete an application for town house development as a conditional use, a typical tentative plan showing front elevations of the proposed units and typical tentative floor plans of the proposed units, prepared by a registered architect, shall be submitted as part of such application. The plot or site plan shall include, but not be limited to, location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garbage disposal areas, landscaping, walls, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage, open space, square footage of units, etc., shall be included as data on such plan.

(b) A town house development shall be in a single ownership at the time of development. Further, a legal plat shall be placed on the public records of the county prior to the disposition of any lot or parcel of land within such town house development.

(c) No single town house group shall contain less than four nor more than ten single-family dwellings.

(d) With respect to town houses each unit shall be separated from the others by an approved fire wall, such walls to be without openings or other provisions for passage or visibility between units, and in all cases to comply with the Southern Standard Building Code as adopted by the City.

(e) No two dwelling units shall be served by the same interior or exterior stairway or by the same exterior door, and each unit shall be independently served by separate utilities and services.

(f) No vehicular entrance or curb cuts shall be permitted to the front of any individual town house unit.

(g) No town house dwelling unit shall be less than twenty feet in width.

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Doc. No. 6846 8-16-65

(2) Lot size:

(a) The average lot area per dwelling unit in any town house group shall not be less than two thousand square feet, and no lot in any such group shall contain an area less than eighteen hundred square feet.

(b) The minimum distance between side lot lines in any unit of a town house group shall not be less than twenty feet at any point, except corner or end unit lots which shall be increased accordingly in order to provide for the required side yards.

(3) Setbacks.

(a) Front yard: Minimum of twenty-five feet from front property line.

(b) Rear yard: Minimum of twenty-five feet to rear property line.

(c) Side yards: No side yard is required except as each end of a town house group where a minimum side yard of seven and one-half feet shall be maintained. On corner lots, a minimum side yard of fifteen feet shall be maintained on the side street.

(d) In no case shall there be less than fifteen feet between buildings housing residental units. However, where a drive is required between units, an additional ten feet shall be provided.

(e) The Zone Commission shall have the authority to reduce the front or rear yard requirement by a maximum of forty per cent when, in the judgement of the Zone Commission, such reduction would not be detrimental to the overall character of the development or the surrounding neighborhood and can be SUbstantiated as being necessary to the proper development of the specific site.

(4) Open space.

(a) Not less than twenty per cent of the gross lot area shall be maintained as usable open space, exclusive of any required off-street parking, service or building area.

(b) Each building shall be separated from any other building by space on all sides.

(c) All rear yard areas used for service such as drying areas shall be completely screened from view from the street and from adjoining lots by a six foot wall or fence.

(5) Off-street parking.

(a) There shall be provided a minimum of one parking space per dwelling unit.

(b) Off-street parking shall be permitted only in rear yards or in parking garages or areas to which each property owner holds an undivided share.

Doc. No. 6846 8-16-65

(6) Deed restrictions. Approval for the construction of town houses shall be issued inl 90

accordance with the regulations herein set forth after evidence has been presented in the form of a deed restriction requiring that a cooperative maintenance system be established, governed and operated by the owners of independent units in such a manner as to prevent the occurrence of blight on any single unit by failure of the owner of that unit to properly maintain his property in standard condition at all times. Further, when common open areas and facilities are to be provided, there shall be deed restrictions covering the cooperative maintenance of same.

58.119 Front Yard Exceptions in Dwelling Districts.

Where lots comprising forty per cent or more of the frontage on one side of a block are developed with buildings at the time of the adoption of this section, the average alignment of the existing buildings along such frontage shall be the front yard line of said side of said block, and no building hereafter erected or structurally altered shall project beyond it, provided however that no front yards shall be less than twenty-five feet in depth.

58.120 Effect of Established Setback Lines.

Where setback lines have been established on streets, roads or highways the front yard, and side yard of corner lots, shall be measured from said setback lines.

58.121 Substandard Lots of Record.

When a lot or parcel of land has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record in Orange County, Florida, at the effective date of this section, such lot or parcel of land may be used for a one family dwelling in any residential district and in addition, in a R-2 One and Two Family Dwelling District or less restricted residential districts, such lot may be used for a one family or a two family dwelling, if it has a width of at least fifty feet; and provided, that at least the minimum yard lot coverage limitation and off-street parking requirements are maintained.

58.122 Measurement of Setbacks.

(l) Setbacks shall be measured on a perpendicular to the property line to the nearest support for the roof of the structure.

(2) On irregular lots the side setbacks shall be measured from the front building line when the lot frontage is narrower than the rear of the lot and from the rear building line when the rear of the lot is narrower than the front of the lot.

(3) The building line shall be determined from the extreme support of the roof of the principal structure or appurtenances thereto, provided, however, on front, side and rear yards, a roof projection (eaves) does not exceed thirty-six inches.

58.123 Automobile Service Station Requirements.

(l) All pumps and all gas storage tanks shall be set back at least fifteen feet from the right-of-way line, or an established setback line.

(2) The number of curb breaks for one establishment shall not exceed two for each one hundred feet of street frontage, each having a width of not more than thirty feet and located not closer than fifteen feet from a street intersection.

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Doc. No. 8782 5-19-69

(3) When the station abuts a residential district, it shall be separated therefrom by a solid fence or equivalent planting screen, at least six feet high.

(4) No gasoline and oil filling station and no service station shall be erected or located within three hundred and fifty feet of the property of any church, hospital, public or parochial school or playgrounds; provided, however, that nothing herein shall prohibit:

(a) The operation of existing gasoline and oil filling stations or service stations.

(b) The improvement, alteration or reconstruction of any existing gasoline and oil filling station or service stations. This paragraph (paragraph 4) shall not apply to properties, the title to which is held by any bonded gasoline distributor or his agent, distributor or consignee, as of March 22, 1950.

58.124 Location of Accessory Buildings and Uses in Residential Areas.

(l) When an accessory building is attached to a principal structure by a breezeway, roofed passage or otherwise, it shall comply with the dimensional requirements of the principal building.

(2) A detached accessory building, also a garage apartment, shall not be closer than twenty feet to the principal building, nor closer than five feet to a lot line, nor closer than six feet to any other accessory building on the same lot.

(3) No detached accessory building shall be located on the front half of a lot.

(4) An accessory building not exceeding twelve feet in height may occupy not more than thirty-five per cent of a required rear yard.

58.124-1 Supplementary Regulations Concerning Fallout Shelters.

(A) All structures constructed as fallout shelters shall be those types approved by or in accordance with plans issued by the Office of Civil and Defense Mobilization (OCDM); provided, however, any plans of structures to be used as fallout shelters not previously approved by aCDM shall bear the signature and seal of a Florida registered architect or professional engineer. Such plans shall be subject to review by the Building Official of the City.

(B) No shelters shall be erected less than five feet from any side or rear property line. Variances from the minimum existing regulations shall be granted for aboveground shelters to the extent allowed by these regulations; however, maximum rear yard coverage by all structures shall not exceed thirty-five per cent.

(C) Owners and/or contractors shall be responsible for all excavations in the immediate proximity of existing structures or pools in conformance with Chapter XIII of the Southern Standard Building Code.

(D) No shelter shall be constructed forward of the established front building line unless it is of the underground type, and shall be approved by the Board of Zoning Adjustment. All underground shelters constructed forward of said front building line shall be so constructed as to have the entrance hatches facing away from the

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Doc. No 5022 10-16-61

street. Such underground shelters shall not exceed four feet in height above the existing grade level of the premises on which it is located, including entranceways.

(E) No aboveground structures shall be allowed forward of the established front building line of any residence unless it can be shown to the satisfaction of the Board of Zoning Adjustment that there is no other feasible solution.

(F) All shelters constructed under these special regulations for use as fallout shelters shall be for emergency use only and shall not be used as a habitable dwelling facility except by the occupants of the principal building.

(G) All construction plans shall be approved and permits issued by the office of the Building Official of the City. Inspections of all construction shall be made by such office.

58.125 Large Scale Community Development.

(Left blank for pending regulations.)

58.126 Yards.

(1) Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, chimneys and flues, however no such projections shall exceed twenty-four inches in width.

(2) On double frontage through lots, the required front yard shall be provided on each street.

(3) Whenever a lot abuts upon a public alley, one half of the alley width may be considered as a portion of the required rear yard, however, such width shall not exceed ten feet.

(4) An open or paved terrace may project into a required front yard for a distance of not exceeding ten feet.

(5) The narrow width of a comer lot shall determine its front for purposes of meeting the requirements of front and side yards, In cases of reversed frontages the determination of front and side yard depths shall be made by the Zone Commission.

58.127 Height.

Chimneys, water, fire, radio and television towers, church spires, domes, cupolas, stage towers and scenery lofts, cooling towers, elevator bulkheads, smokestacks, flag poles, parapet walls and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established; however, the heights of these structures or appurtenances thereto shall not exceed the height limitations prescribed by the OrlandoOrange County Airport Zoning Board within the flight approach zone pattern of airports.

58.128 Public Utilities.

Structures or uses required for such public utilities as gas, water, electric, sewerage and telephone can be located within any district upon recommendation of the Municipal Plan

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ning Board and approval of the City Council.

58.129 Location of Structures and Heights of Walls and Fences.

(l) In any residential dwelling district, no fence, wall, or structure shall be maintaineD Doc. No. within the area at any corner street intersection at elevations the Traffic Engineer, or his designee, determines will obstruct visibility.

(2) No dwelling shall be erected on a lot or portion of a lot which does not abut on at least one street for at least twenty-five feet.

(3) On any corner lot adjoining the side of another lot which is in a residential district no part of any structure within twenty-five feet of the common lot line shall be nearer the side street lot line than the least depth of any front yard required for a dwelling on such adjoining lot along such side street.

(4) In any district zoned as a residential dwelling district, walls and fences erected on all lots shall be in accordance with the following criteria:

(a) Front yard: Front yard walls and fences, including those on front and side lot lines, shall not exceed three (3) feet in height above established lot grade and may be maintained within a required front yard area.

(b) Side and rear yards: Side and rear yard walls and fences, including those on side and rear lot lines, shall not exceed six (6) feet in height above the established lot grade and may be maintained behind a required front yard area.

(c) Where a lot line is adjacent to non-residentially zoned property, fences and walls may be maintained at a height not exceeding six (6) feet above established lot grade, except as otherwise provided for in this chapter.

(5) Walls, fences or similar structures erected in any residential dwelling district, shall not contain any substance, such as broken glass, spikes, nails, barbs, or similar materials designed to inflict pain or injury to any person or animal. No barbed wire or electrically charged fence shall be erected in any location on any lot or parcel of land in residentially zoned districts.

(6) Where a commercial lot line abuts a property line in a residential district, the commerciallot owner shall erect and maintain a solid fence or equivalent planting screen, at least five (5) feet in height to separate the two areas.

(7) In any commercial or industrial district, no fence or wall in excess of six (6) feet in height above established lot grade shall be erected, placed or maintained beyond any required front or street side building setback line provided, however, that such fence may incorporate an eighteen (18) inch barbed wire or similar extension above such height, as approved by the Zoning Administrator or his designee.

(8) In those zoning districts where the usage of barbed wire, or similar fence, as approved by the Zoning Administrator, or his designee, is not prohibited, no such fence shall be incorporated in or used as a fence below the level of six (6) feet above established lot grade, and in no event shall such fence be placed so as to project outward over any sidewalk, street or other public way, or over the property of any adjacent owner.

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(9) No fence or wall of any kind, value or description shall be constructed on any property until a building permit authorizing construction of such fence or wall shall have been issued by the City Building Official. Fences or walls on property lying within established fire districts shall be subject to such regulations and limitations of height, material, access openings and location as shall be determined by the Building Official and Chief of the Fire Department as reasonably necessary for the protection of the public welfare and property. No permit required by this section shall be issued unless and until approved by the Fire Chief or his designee.

(l0) In all zoning districts, any fence or wall erected or placed shall be maintained in good repair and sound structural condition.

58.130 Parking of Certain Commercial Vehicles - Prohibited.

In order to protect and promote the public health, safety and welfare, and, among other

Doc. No. 9702 1-25-71

purposes, to provide light, pure air, safety from fire and other dangers and to protect property values in certain residential and multiple family dwelling districts in the city, the parking of commercial vehicles, which description shall include trucks, truck-tractors, semi-trailers and commercial trailers exceeding the sizes hereinafter specified, is prohibited on the public streets or on or within privately owned drievways or property within R-U, R-l AA, R-l A, R-l, R-2, R-3 or R-4 Residence or Multiple Family Dwelling Districts as established by sections 58.01 to 58.168 of this Code, except for loading or unloading purposes or when parking within buildings or enclosures which are permitted in such zones.

58.131 Same - Commercial Vehicles defined.

For the purposes of sections 58.01 to 58.168 of this Code, vehicles of the following types and sizes shall be considered and are hereby declared to be commercial vehicles, subject to the provisions of section 58.130, to-wit:

(1) Trucks or other vehicles having a rated capacity of three quarter ton or more, including trucks or other vehicles used, or designed for use, in transporting or as a temporary or permanent base, platform or support of equipment, machinery or power plants of all types.

(2) Trucks-tractors having dual rear wheels.

(3) Trailers or semi-trailers having dual rear wheels, or either such trailers having an overall length of more than twelve feet.

,Doc. No. (4) Stake body trucks, walk-in vans or van type bodies regardless of rated capacity. ~ 4818

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58.132 Same - Certain Commercial Vehicles Permitted; Limited.

Any motorized vehicle primarily designed or intended for trade, industrial or construction uses, the parking which is not expressly prohibited, in R-U, R-1AA, R-IA, R-l, R-2, R-3 or R-4 Residence or Multiple Family Dwelling Districts by section 58.130 above, shall be permitted in said districts; provided, that no more than one such vehicle shall be permitted for anyone dwelling unit within such zoning districts.

58.133 Same - Exceptions; Emergency Vehicles and Hardship Cases.

(A) Nothing herein contained shall prohibit the parking of vehicles of public or private

95

- , utilities companies on the public streets for the period of time required in the locating, relocating, servicing, testing or repair of equipment of such companies nor shall the provisions herein be construed to prohibit parking of vehicles actually in use in the construction, repair, or maintenance of any road, street or alley in such zoning districts. Provided further, that vehicles used for necessary emergency service to the public, the operator of such vehicles being subject to call at all times day or night, may be parked in the above-described zoning districts at the residence of such operator, but only one such vehicle may be parked at anyone residence building.

(B) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of section 58.130 the Board of Zoning Adjustment shall have the power to vary or modify any of the rules, regulations or provisions prescribed in sections 58.130 to 58.133, inclusive, so that the spirit of said section 58.130 will be observed, the public welfare secured and substantial justice done.

58.133-1 Storage, Repair, etc., of Disabled Motor Vehicles.

For the purposes of sections 58.01 to 58.168 of this Code, the term "disabled motor vehicle" shall refer to any motor-driven vehicle, regardless of size, which is incapable of being self-propelled upon the public streets of the City or which does not meet the requirements for operation upon the public streets, including a current motor vehicle license.

(l) Front and side yards: Disabled motor vehicles shall not be permitted in a front or side yard; provided, however, that a reasonable time (not to exceed forty-eight hours from the time of disability) shall be permitted for the removal or servicing of a disabled vehicle in any emergency caused by accident or sudden breakdown of the vehicle.

(2) Rear yards: One disabled motor vehicle may be permitted in the rear yard of a residential, commercial or industrial lot as an accessory use to the main use of the lot; provided, that such vehicle is not located in any open space required by the zoning laws. Service and repair work may be performed on such vehicle, and parts, tools and equipment incidental to such service and repair thereto may be stored and used. Nothing contained herein shall be construed as authorizing the disassembling, tearing down or scrapping of a motor vehicle or to permit one motor vehicle, to be scavenged or stripped for parts for use on another motor vehicle; provided, however, that a disabled vehicle shall not be permitted to remain outside of a building for a period in excess of thirty days on any lot used for residential purpose or on that portion of any lot within twenty feet of an abutting lot used for residential purposes.

(3) Garages: Storage, service and repair of a disabled motor vehicle which is conducted entirely within the confines of a completely enclosed garage (not to include open carports) shall be permitted; provided, that such vehicle is the property of the owner or occupier of the lot and that such use is not a commercial use of the property unless such use is authorized, permitted or licensed under other ordinances of the City and in accordance therewith.

(4) Where permitted: Storage, repair and servicing of disabled motor vehicles not authorized herein and the tearing down, stripping or junking of motor vehicles shall be permitted only where and when such use is specifically authorized, permitted or licensed under other ordinances of the City and in accordance therewith.

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(5) Compliance with requirements: It shall be the responsibility of the property owner on whose property a disabled vehicle is located to meet the requirements of this section.

(6) Enforcement: It shall be the duty of the Police Department to enforce this section; provided, the zoning enforcement officer shall assist and cooperate in such enforcement.

(a) When a disabled motor vehicle is found to be in violation of this section, the Zoning Administrator or his deputy shall give the owner on whose property the disabled motor vehicle is located a notice that such vehicle is in violation of this chapter and must be removed within ten days. Such notice shall be in writing and shall state the date the ten day notice shall expire and the authority for any person having a legal interest in the vehicle to contact the Zoning Department and that if the notice has not been complied with the Police Department shall remove or cause to be removed the disabled motor vehicle from the property and transfer same to an auto wrecking yard approved by the City Council for storage until redeemed at the owner's expense.

(b) All disabled vehicles removed in accordance with the provision of this section shall be subject to a towing or removal charge of twenty-five dollars, which shall be due by the property owner or any person claiming an interest in the disabled vehicle at the time of removal.

(7) Records:

(a) The Department of Police shall keep a complete record of all motor vehicles removed with details as to the date of placing a ten day notice, date of removal, name and address of the dealer to whom the vehicle was taken.

(b) The Police Department shall furnish to the Director of the Motor Vehicle Division of the state a report with the following information:

1. Location from where the disabled vehicle was removed.

2. All identification information available. Doc. No. J6656

3. The date of sale, name and address of dealer to whom the disabled ve- 3-15-65 hicle was taken.

58.134 Swimming Pool Regulations.

(l) No swimming pool or family pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the swimming pool or family pool.

(2) Lights used to illuminate any swimming pool or family pool shall be so arranged and shadowed as to reflect light away from adjoining premises.

(3) Setbacks.

(a) Minimum front setback. Minimum front setback shall be the same as requirements for a residence located on the parcel where the pool is to be constructed, provided, however, that in no case is the pool to be located closer to a front

97

line of a lot or building site than the main or principal building is located.

(b) Minimum side setback. The same requirement as a residence located in the zoning district in which the pool is located, provided, however, that the minimum side setback shall in no event be less than ten feet.

(c) Minimum rear setback. Shall be not less than ten feet.

(4) All swimming pools shall be enclosed by a fence, wall or equivalent barrier approved IDoc. No. by the Building Official as required under section 43.57-1 of this Code.

58.135 Zone of Transition.

Where a boundary line of commercial district abuts on the side of a dwelling district, the Zone Commission, after a review of an application and public hearing thereon finds as a fact that the proposed use is consistent with the general zoning plan and with the public interest may permit the following uses within a distance of one hundred fifty feet of the boundary and within the dwelling district.

(l) Professional offices as described in the R-4 Multiple Family Dwelling District.

(2) Private or public parking lots, provided they meet the standards as set forth in Article XV of this chapter.

(3) In a Single Family Dwelling District, two-family dwellings as regulated in the R-2 One and Two Family Dwelling District.

(4) In an R-2 One and Two Family Dwelling District, Multiple family dwellings as regulated in the R-3 Multiple Family Dwelling District.

58.136 Approval Prior to Subdivision of Land.

It shall be unlawful for any person or legal entity to subdivide any parcel of real estate located in the City before a plan or plat of such parcel is approved by a majority of the Municipal Planning Board and a majority of the City Council and is also duly recorded among the pubiic records of Orange County, Fiorida, according to law.

58.137 Guest Cottages.

A guest cottage as defined herein may be permitted in any of the several dwelling districts if the total lot area is at least double the minimum amount of lot area required for the principal residence in the district in which the guest cottage is to be located.

~7l89~69

Doc. No. 4383 10-28-60

98

ARTICLE XVIII. BUILDING SETBACK LINES.

58.138 Enumeration.

There are hereby established minimum building setback lines of the following distances from the center lines of the streets hereinafter mentioned within the City. Said center lines of the streets are as established by the City Engineer. SETBACK LINES APPLY TO BOTH SIDES OF THE STREETS HEREINAFTER MENTIONED UNLESS OTHERWISE SPECIFIED.

Street From To

Minimum Setback from Center Line

of Street

Amelia St. Orange Blossom Trail Bumby Ave. 40

Doc. No. Anderson St. Rio Grande Ave. Hampton Ave. 35 5767(In commercially zoned districts, C-l to C-4, inclusive, the minimum setback ] 1-7-63shall be 40 feet.)

Bennett Rd. North City Limits Marks St. 53 ] Doc. No. 4899

Bennett Rd. Marks St. Colonial Dr. 40 8-14-61

l Doc. No. Briercliff Dr. Mills Ave. E. Fern Creek Ave. 40 - ~-~~~~~ -- W ~I-VV

] Doc. No. Bumby Ave. Corrine Dr. Hargill Dr. 40 3801

12-30-59

99

Minimum Setback from Center line

Street From )

To of Street

Doc. No. 10Caravan Ct. Major Blvd. Major Blvd. 10183(Applicable only to property located in a C-2 District) ] .. 11-15-71(Minimum setback from front property line)

J Doc. No. Carter St. Vineland Rd. Go1dwyn Ave. 53 4780

6-6-61

Doc. No. 4899 8-14-61

and Doc. No.

Central Blvd. Texas Ave. Summerlin Ave. 40

Central Blvd. Summerlin Ave. Crystal Lake Dr. 35 9022 10-20-69

and Doc. No. 12018 8-19-74

] Doc. No. Church St West City limits Orange Blossom Trail 40 .i~~io-59 Church St. Orange Blossom Trail Magnolia Ave. (In commercially zoned districts, C-1 to C-4, inclusive, the minimum setback shall be 40 feet.)

35

Church St Magnolia Ave. liberty Ave. 40

Church St. liberty Ave. Thornton Ave. (In commercially zoned districts, C-1 to C-4, inclusive, the minimum setback shall be 40 feet.)

35

]

Doc. No. 5767 1-7-63

and Doc. No. 12018 8-19-74

Doc. No. 4899 8-14-61

J Doc. No. Clay Ave. North City Limits orange Ave. 50 5980

6-10-63

NOTE: SETBACKS APPLY TO BOTH SIDES OF STREETS UNLESS OTHERWISE SPECIFIED.

100

Street From To


of Street

Colonial Dr. (W) West City limits (Minimum setback from front property line.)

Tampa Ave 50 ] Doc. No.

4780 6-6-61

] Doc. No. Colonial Dr. (W) Tampa Ave. Orange Blossom Trail 45 7416 11-21-66·

Colonial Dr. (W) Orange Blossom Trail Edgewater Dr. 50 ] Doc. No. North Side ·6631 2-8-65

Colonial Dr. (W) Orange Blossom Trail Lake Dot Circle 50 South Side

Colonial Dr. (W) Edgewater Dr. Garland Ave. 45 North Side

Doc. No. 7416

Colonial Dr. (W) Lake Dot Circle Garland Ave. 45 11-21-66 South Side

Colonial Dr. (W) Garland Ave. Orange Ave. 55

] Doc. No. Colonial Dr. (E) Orange Ave. Cathcart Ave. 45 7919 11-20-67

Colonial Dr. (E) Cathcart Ave. Hyer Ave. 40 ] Doc. No.

J8182 5-20-68

~T""'Il. __ ,,"T_

Colonial Dr. (E) Hyer Ave. Bumby Ave. 50 UOC.NO.3215 2-4-59

and Doc. No. 7919 ll-20~67

Colonial Dr. (E) Bumby Ave. East City limits 75

] Doc. No. W. Columbia St. West City limits Vineland Rd. 53 8284

7-22-68

] Doc. No. Columbia St. Vineland Rd. Goldwyn Ave. 53 4780 6-6-61

] Doc. No. Concord St. Springdale Rd. Bumby St. 40 ··5979(In commercially zoned districts only, including C-l through C-4.) 6-10-63


101


Street From To of Street

Conway Gardens Rd. Conway Rd. South City Limits 40 ] Doc. No.

8138 4-22-68

Conway Rd. (E) (Curry Ford Rd)

Fern Creek Ave. Griffin Rd. (Conway Rd. S.)

53 ] Doc. No. 10886 12-4-72

Conway Road (S.) Curry Ford Road South City Limits 53 ] Doc. No. 10885 12-4-72

Corrine Dr. Forest Ave. Bennett Rd. 40

Court Ave. Robinson St. Jefferson St. 35

Crystal Lake Drive Robinson St. South City limits 40 ] Doc. No. 10514 5-30-72

Crystal Lake St. SCL Railroad Orange Ave. 40 ] Doc. No. 6007 7-15-63

Curry Ford Rd. Griffin Rd. (Conway Rd.)

East City limits 53 ] Doc. No. 4899 8-14-61

102



Edgewater Dr. Lee Rd. Courtland St. 53 ] Doc. No.

4780 West Side 6-6-61

Edgewater Dr. North City Limits Par Ave. 50 ] Doc. No.

3801 12-30-59

Edgewater Dr. Par Ave. Lake Adair Blvd. 40 West Side

Edgewater Dr. Par Ave. Lakeview Ave. 40 East Side

Elwell Ave. E. Colonial Dr. Herndon Airport 40 ]~3NO. 6-6-66

Fern Creek Ave. Briercliff Dr. South City Limits 40 ] Doc. No.

7061 2-14-66

Forest Ave. Corrine Dr. Nebraska St. 40 l Doc. No. 3801

n ____ .L A_._ rUlc:st fiVC. Nebraska St. 'r; _...:_;~ T'\_

Y.1.J.51Jua .I...J.I.. '201:: oJ oJ ~

1 '"'-'20-01::0 ... ~-JV-J/


103



Garland Ave. N. Orange Ave. South St. 40 ]nocoNOo3215 2-4-59

and Doc. No. 6387 6-15-64

and Doc. No. 6779 6-14-65

and Doc. No. 12018 8-19-74

Gaston Foster Rd. Lake Underhill Dr. Curry Ford Rd. 35 ] Doc. No. 10925 12-26-72

Go1dwyn Ave. Columbia St. Carter St. 53

Doc. No. 3215

Gore St. Tampa Ave. Primrose Dr. 40 24-59

and

Doc. No. 4780J 6-6-61

and Griffin Rd. Lake Underhill Dr. South City Limits 53 Doc. No. (Conway Rd. S.) 4899

8-14-61


104



Semoran Blvd. (Lake Barton Rd.)

Colonial Dr. Curry Ford Rd. 75

Silver Star Rd. West City limits Orange Blossom Trail 53 ] Doc. No 10103 104-71

Smith St. Rio Grande Ave. Ann Arbor Ave. (In commercially zoned districts, C-l to C-4 inclusive, the minimum setback shall be 40 feet.)

35 ] Doc. No 3801 12-30-59

South St. Rio Grande Ave. Crystal Lake Dr. (Between Orange Ave. and Magnolia Ave. center line of street shall be section line.)

40 ] Doc. No. 5767 1-7-63

Summerlin Ave. Marks St. Kaley St. 40

Tampa Ave. West Colonial Dr. South City Limits 40 ] Doc. No. 6654 3-8-65

and Doc. No. 11305 7-30-73

Twenty-Seventh St. North Side

Interstate 4 Division Ave. 40 ] Doc. No. 4780 6-6-61


112



Underhill Dr. South St. Palmer St. 53

Vineland Rd.

Virginia Dr.

Columbia St.

Orange Ave.

South City Limits

Mills Ave.

53

40

] Doc. No. 4780 6-6-61

Virginia Dr. Mills Ave. Forest Ave. (In commercially zoned districts, C-I to C-4 inclusive, the minimum setback shall be 40 feet.)

35 ] Doc. Ave. 5767 1-7-63

Washington St. West City Limits Rosalind Ave. 40 ]

Doc. No. 5767 1-7-63

and Doc. No. 12018 8-19-74

Westmoreland Dr. W. Colonial Dr. South City Limits 40 ]

Doc. No. 6295 3-16-64


113

Alternate Route for State Road No. 500 (U.S. No. 441).

All of that portion of the following described property lying within the corporate limits of the City:

A strip of land lying 75 feet right and 75 feet left of the following described center line:

Commencing at a railroad spike on the South Quarter corner of Section 4, Township 23 South Range 29 East, run thence South 89° 46 min. 45 sec. West 372.89 feet, thence North 36° 57 min. 00 sec. West 451.71 feet to the point of beginning; said point being the P.C. of a curve, thence along a curve to the right having a central angle of 36° 57 min. 36 sec. a radius of 1,909.86 feet, an arc distance of 1,232.00 feet to the end of curve, thence North 00° 00 min. 36 sec. East 411.00 feet to the P.e. of a curve, thence along a curve to the right having a central angle 41 ° 45 min. 16 sec., a radius of 1,909.86 feet, an arc distance of 1,391.81 feet to the end of curve, thence North 41 ° 45 min. 52 sec. East 70.02 feet to the P.C. of a curve, thence along a curve to the left having a central angle of 41 ° 53 min. 58 sec. a radius of 1,909.86 feet, an arc distance of 1,396.65 feet to the end of curve, thence North 00° 08 min. 06 sec. West 516.14 feet to the P.e. of a curve, thence along the curve to the right having a central angle of 45° 08 min. 06 sec., a radius of 1,909.86 feet, an arc distance of 149.89 feet to a point on the North section line of said Section 4, said point being South 87° 30 min. 45 sec. East 5.96 feet from the North Quarter Corner of said Section 4.

Also: A strip ofland lying 75 feet right and 75 feet left of the following described center line:

Commencing at the South Quarter corner of Section 33, Township 22 South, Range 29 East, run thence South 87° 30 min. 45 sec. East along the section 5.96 to a point on a curve concave to the Southeast, said point being the point of beginning; thence along said curve to the Northeast having a central angle of 45 ° 08 min. 06 sec., a radius of 1,909.86 feet, an arc distance of 1,354.61 feet to the P.e. of the curve, thence North 45° 00 min. 00 sec. East 274.61 feet to the P.e. of a curve, thence along a curve to the left having a central angle of 44° 57 min. 45 sec. a radius of 1,909.86 feet, an arc distance of 1,498.75 feet to the end of curve, then North 00° 02 min. 15 sec. East 60.08 feet, thence North 00° 01 min. 30 sec. West 1,324.43 feet, thence North 00° 04 min. 06 sec. West 499.46 feet to the P.e. of a curve along a curve to the right having a central angle of 12° 27 min. 44 sec., a radius of 1,909.86 feet, an arc distance of 415.41 feet to a point of reverse curve (P.R.e.), thence along a curve to the left having a central angle of 12° 27 min. 44 sec., a radius of 1,909.86 feet an arc distance of 415.41 feet to a point being the end of curve, said point being North 89° 27 min. 45 sec. East 45.00 feet the northeast corner of NW% of Section 33.

Also: A strip of land lying 75 feet right and 75 feet left of the following described center line:

Commencing at the Southeast corner of the SW~ of the SE~ of Section 28, Township 22 South, Range 29 East, run thence North 89° 27 min. 45 sec. East along the section line 45.00 feet to the point beginning: thence North 00° 20 min. 30 sec. East 1,329.89 feet, thence North 00° 16 min. 30 sec. East 1,330.77 feet, thence North 00° 18 min. 00 sec. East 2,659.91 feet to a point on the North section line of said Section 28, said point being North 89° 50 min. 00 sec. East 45.00 feet from the Northeast corner of the NW~ of the NE~ of said Section 28.

58.139 Commercial Districts.

In all Limited Commercial, Neighborhood Commercial, General Commercial, Wholesale Commercial and General Commercial-Industrial Districts, no building or buildings shall be erected within thirty feet of the center line of any street or streets abutting said property when a greater setback is not otherwise established.

114

Doc. No. 4891 8-7-61

58.140 Considerations to be Given by City Engineer in Determining. _ i

For purposes of determining the center line of each of the streets hereinabove described, such center line shall be the one which is established by the City Engi

•

J

i neer within the limits of the right of way for each of such streets. In establishing the center line the City Engineer shall give consideration to the following:

(a) Previous dedications - !

(b) Established section lines (c) Logical street alignments

• ! 58.141 Limitations on Erection and Construction of Buildings.

• 1 It shall be unlawful for any person to erect or construct, or cause the erection or construction of any building or structure, or parts thereof, between the center lines of the streets, avenues and other public thoroughfares mentioned in Section 58.138 and the building setback lines herein established for such street, avenue or other public thoroughfare.

58.142 Limitations on Altering, Remodeling, etc., Buildings.

It shall be unlawful for any person to alter, remodel, reconstruct or add to that portion of any building or structure now located between the building setback lines established in Section 58.138 and the center line of the highway to which such building setback line appertains, if, in altering, remodeling, reconstructing, or adding to such building or structure, it shall become necessary, or the owner shall desire, to raze or to demolish the exterior wall or walls of the building or structure upon that portion of the property located between the building setback line or lines and the center line of the highway to which such building setback line appertains.

58.143 Issuance of Building Permits.

The Zoning Administrator of the City shall refuse to approve any building plans ~ D N for the erection, construction, reconstruction, remodeling or alteration of any build- 878'2 o. ing or structure unless and until the plans and specifications therefor shall conform 5-19-69 to and comply with the terms, conditions and provisions of this article. __I

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1 )

, j

• j

! ,

115

c 1. f

, , I

, j

" 1

, j

o I

ARTICLE XIX. SIGN REGULATIONS.

t 1

r--l ,

.. ;

~--l

58.144 Purpose and Scope

The regulations and requirements herein set forth shall be the minimum requirements to promote the public health, safety, and general welfare, and to protect the character of residential, business, and industrial areas throughout the City.

It is intended that signs placed on land or on a building for the purpose of identification or for advertising a use conducted thereon or therein shall be deemed to be accessory and incidental to subject land, building or use. With respect to signs advertising business uses, it is specifically intended, among other things, to avoid excessive competition and clutter among sign displays in the demand for public attention. Therefore, the display of signs should be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification or advertisement.

Signs commonly referred to as outdoor advertising, billboards or poster panels which advertise products or businesses not connected with the site on which they are located are deemed by this Article to constitute a separate use. The control and regulation of the display of such advertising is deemed to be appropriate to the character and sound development of the City, and it is intended that such advertising be confined to certain commercial and industrial properties.

It is also intended that all temporary signs erected for directional purposes, public information, or to direct attention to special events shall be confined to those that are of a general public interest and that such signs shall be limited to the giving of information.

58.144-1 Definitions

As used in this Code, unless the context otherwise requires, the following words and phrases shall have the meaning set opposite them for any and all purposes:

Advertising Display Area shall mean the advertising display surface area (copy area) encompassed within any regular geometric figure which would enclose all parts of the sign. The structural supports for a sign, whether they be columns, pylons, or a building or a part thereof, shall not be included in the advertising area.

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i

Beacon Light shall mean any light with one or more beams, capable of being directed in any direction or directions, or capable of being revolved automatically.

, j

Erect shall mean to build, construct, attach, hang, place, suspend or affix and shall also include the painting of wall signs.

Location shall mean any lot, premise, building, structure, wall or any place whatsoever upon which a sign is located.

Person shall mean and include any person, firm, partnership, association, corporation, company or organization, singular or plural, or any kind .

• J

Public Body shall mean any government or governmental agency of the City of Orlando, the County of Orange, the State of Florida, or of the United States of America.

Doc. No. 11613 1-14-74 pages

116 to 121m

116

Roof Line shall mean the juncture of the roof and the perimeter wall of the structure. .. J

Semi-public Body shall mean any organization operating as a non-profit activity and serving a public purpose or service and shall include such organizations as noncommercial ;

clubs, lodges, theatre groups, recreational and neighborhood associations, cultural activi j ties and schools.

Signs shall mean any surface, fabric, device, or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product, designed to convey information visually and which is exposed to public view. For the purposes of this Code, the term "sign" shall include all structural-members. A sign shall be construed to be a display surface or device containing organized and related elements . i

composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign. Included within the definition of sign are the following types of signs:

(l) Banner Sign shall mean any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of this Article.

(2) Bench Sign shall mean a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

(3) Billboard Sign shall mean a non-point-of-sale sign which advertises a business, organization, event, person, place or thing unless such sign is more specifically defined herein.

(4) Changeable COPy Sign shall mean a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign. This shall also include the changing of copy on billboards.

(~) ~....-,; Construction Sign shall m~ap._any sign giving the name or names of principal con

tractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

(6) Directory Sign shall mean a sign on which the names and locations of occupants or the use of a building is given. This shall include office building and church directories. - ,,

(7) Freestanding Sign shall mean any mobile or portable sign or sign structure, not " j

securely attached to the ground or to any other structure. This definition shall not include trailer signs as defined in definition 17 of this section.

(8) Ground and/or Pole Sign shall mean any sign which is supported by structures or . supports in or upon the ground and independent of support from any building.

(9) illuminated Sign shall mean any sign illuminated in any manner by an artificial light source.

117

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(10) Integral Sign shall mean memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building.

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(11) Marquee Sign shall mean any sign attached to and made a part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the , 1 building's wall and generally designed and constructed to provide protection a

_ 1 gainst the weather.

(12) Non-Conforming Sign shall mean any sign which does not conform to the regulations of this Article.

:. j

(13) Point of Sale Sign shall mean any sign which carries only the name of the firm, major enterprise or products offered for sale on the premises, or a combination of these things.

(14) Projecting Sign shall mean any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

(15) Real Estate Sign shall mean any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

(16) Roof Sign shall mean any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.

(17) Snipe Sign shall mean any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public or private property.

(18) Trailer Sign shall mean any sign mounted on a vehicle normally licensed by the State of Florida as a trailer and used for advertising or promotional purposes.

(19) Wall Sign shall mean any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

(20) Window Sign shall mean any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

58.145 Sign Standards • j

The following sign standards shall apply in the applicable zoning districts established in the City by this Chapter as depicted on the Official Zoning Atlas on file in the City Zoning Department. Only signs as described herein shall be permitted.

(l) Point-of-Sale Signs

Point-of-Sale signs shall only be erected upon improved property zoned for commercial and industrial uses and designated as C-1A, C-I, C-2, C-3, C-4, 1-1, 1-2, 1-3, 1-4 and 1-5 Zoning Districts.

118

(A) Maximum Allowable CoPY Area

Unless otherwise specified, a total sign area of two square feet for each lineal foot of building structure frontage shall be allowed. If the building has multiple frontage, an additional sign area of one square foot for each additional lineal foot of building structure frontage shall be allowed. The total area of all signs erected shall be within the allowable square footage. Where there is multiple frontage, only the amount of added sign area permitted by each additional frontage shall be allowed to face that frontage. In computing sign area in square feet, standard mathematical forms for known or common spaces will be used. In the case of irregular spaces, straight lines drawn closest to the extremities of the shape will be used. On any sign with more than one face, only the face or faces visible from anyone direction at one time will be counted; provided, however, that all faces of a multiple-faced sign shall be equal in size and contained within a common perimeter.

(B) Types and Locations of Allowed Signs

Only the following types of signs constructed in the following manner shall be conforming Point-of-Sale Signs:

(i) Ground or Pole Signs

Ground or Pole signs shall only be permitted when the lot upon which it is to be placed has a minimum of forty (40) lineal feet of frontage. If any lot shall have forty (40) lineal feet or more of frontage, then no Ground or Pole Sign shall be erected closer than forty (40) feet to any other Ground or Pole sign on the same lot. No part of any such sign shall extend beyond any right-of-way line nor shall any part of any sign project beyond any building restriction line. All such signs may extend up to thirty (30) feet above ground level to the top of the sign. On corner lots, signs within the triangular area formed by the street right-of-way lines and a line connecting them at points twenty-five (25) feet from the corner formed by the intersection of the street right-of-way lines, shall have a minimum clearance of ten (l 0) feet above finished grade level.

(ii) Marquee Signs

Signs may be placed upon the roof or on the vertical faces of a marquee but any such sign shall not project more than twenty-four (24) inches above the marquee's upper edge nor shall any part of a sign project below the bottom of the vertical face of the marquee. Provided, however, a sign may be attached to the bottom of a marquee at a business entrance, in which case the sign shall not exceed three (3) square feet in area, shall maintain an eight foot (8') minimum clearance above the sidewalk grade and shall not extend beyond the marquee's perimeter.

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(iii) Projecting Sign

Projecting signs may project over public right-of-way only where there is no building setback and then may project no more than 18 inches beyond the right-of-way line, but no closer than two feet to a curb line and shall

119

s 1 have a minimum clearance of ten feet above the finished grade of a sidewalk and fifteen feet above any road, driveway or alley. No sign in excess of an eighteen inch projection shall be permitted on the wall of a build

- ,I ing where such wall is closer to a public right-of-way than the officially

established building setback line. No projecting sign or supporting structure shall project more than thirty-six inches from the wall of a building.

, 1 No window or part of a window shall be situated within the area of any sign or its supporting structure, nor shall any sign or part of a sign or its

_ i supporting structure cover any window or part of a window; further, no projecting sign or supporting structure shall be located in such a manner

, 1 as to obstruct window light and vision. No projecting sign or supporting structure shall extend above the top of a parapet wall.

- ! (iv) Roof Signs

Only a point-of-sale sign as defined herein shall be permitted. No part of any sign or sign structure shall project beyond the building wall.

_ i (v) Trailer Signs

A trailer sign shall be considered a temporary sign, and as such, the copy area of a trailer sign shall not be considered as part of the maximum allowable copy area for point-of-sale signs.

(a) Each person engaged in the renting, leasing, owning or otherwise providing for hire any trailer sign shall be properly licensed as required by law and shall, prior to displaying each sign upon any premises, secure a permit for each sign from the Office of the Building Official of the City of Orlando. A permit shall not be valid for longer than a period of ninety (90) days after which time the trailer sign shall be removed from the premises. A permit cannot be renewed, nor can a permit be obtained for the same premises within a period of fifteen (15) days after the removal of a trailer sign from the premises. .

(b) No trailer sign shall be closer to a right-of-way line than the required minimum building restriction line.

(c) The placement of a trailer sign in a parking space which is required to meet the minimum parking requirements of the City shall be prohibited.

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(d) Trailer signs, exclusive of the transportation mechanism, shall not exceed the exterior measurements of eight (8) feet in height or fourteen (14) feet in length, and shall not exceed one hundred (100) square feet in area per face.

(e) All trailer signs shall be limited to commercial and industrial districts. , j

(f) There shall be a maximum of one (1) trailer sign per business location with a minimum spacing of 300 feet between any two trailer signs on the same side of the road.

120

(g) Each trailer sign, when in use shall in some manner be securely fastened to a permanent structure or to the ground; further, each trailer sign shall have its wheels locked so that only the person renting, leasing, owning or providing the sign shall have the capability of unlocking the wheels.

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(h) All incandescent bulbs in, on or attached to any trailer sign shall be rated at notmore than seventy-five (75) watts. Colors of white, red and blue shall be prohibited. Flashing illumination shall be prohibited on trailer signs after the normal business hours of the business displaying such signs. No more than 10 spot-flood bulbs:per face of each trailer sign shall be permitted.

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(i) Each trailer sign shall additionally comply with the requirements of the Building and Electrical Codes of the City of Orlando.

CD Each trailer.sign shall have permanently affixed and prominently displayed, the-name, business address and/or phone number of the owner of the sign.

(vi) Wall Sign

No wall sign or supporting structure shall project more than twelve (12) inches from the wall of a building. Further, no wall sign shall extend above the roof line except where an exterior parapet wall projects above the roof line, in which case, such sign may extend to the top of such wall. No window or part of a window shall be situated within the area ofany sign or its supporting structure, nor shall any sign or part of a sign or its supporting structure cover any window or part of ~ window; further, no wall sign or supporting structure shall be located in such a manner as to obstruct window light and vision.

(vii) Window Signs

Signs shall be permitted inside and on a window or in a display or merchandise when incorporated with such a display. There shall be no limit to the number of such signs, provided, however, that the total area of all window signs shall not exceed thirty-five (35) percent of the window glass area, to be calculated separately for each side of the building.

(2) Billboard Signs

Billboards shall be permitted only on property which is zoned C-l, C-2, C-3, C-4, 1-2, 1-3 and 1-4. Billboards shall be subject to the following regulations:

(A) Types of Billboards Allowed:

(i) Single and Double-faced Billboards

A billboard structure may be single or double-faced, but any double-faced billboard structure shall have advertising surfaces of equal size and shape. For the purposes of this Article, the following types of billboards shall be considered double-faced billboards.

121

e , ! (a) A billboard structure where the signs are placed back to back as i long as the backs of the signs are not separated by more than thirty1

six (36) inches. - 1

(b) A billboard structure when constructed in the form' of a "V" when viewed from above, provided the internal angle at the apex is not greater than forty-five degrees (45°) and the billboard's structure ; 1

I is not separated by more than thirty-six (36) inches at the apex of

, I the "V".

(ii) Multi-Faced Billboards

A billboard structure may have a maximum of two advertising surfaces facing in one direction. This shall only be allowed under the following conditions:

(a) Both surfaces shall be the same size and shape.

(b) The total length of the billboard structure shall not exceed sixty (60) feet, the total height of the combined copy areas shall not exceed

twenty-six (26) feet and the total copy area size shall not exceed six hundred seventy-five (675) square feet.

(B) Maximum Allowable Advertising Display Area by Zone

(i) C-l Neighborhood Commercial District

Each face of a single or double-faced billboard structure shall be allowed an advertising display area of not more than four hundred (400) square feet, exclusive of embellishments which shall not exceed fifteen percent (15%) of the total advertising display area.

(ii) C~2, C-3 and C-4 Commercial Districts and 1-2, 1-3 and 1-4 Industrial Districts

Each face of a single or double-faced-billboard structure, shall be allowed an advertising display area of not more than six-hundred seventy-five (675) square feet exclusive of embellishments which shall not exceed fifteen percent (15%) of the total advertising display area.

: (C) Structure Requirements . ,i

(i) Height

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No billboard shall exceed an overall height of thirty (30) feet above ground level.

, J (li) Ground Qearance

An open space of not less than three (3) feet shall be maintained between the lower edge of a billboard display surface and the ground.

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(iii) Corner Lots

On any corner lot, no billboard shall be erected or project within the triangular area formed by the street right-of-way lines and a line connecting - 1

, them at points twenty-five (25) feet from the corner formed by the inter _ 1 section of the street right-of-way lines.

- 1 (iv) Supporting Structure

No portion of the supporting structure shall be visible above any advertising display area.

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(D) Established Setbacks - 1

- j(i) No portion of any billboard shall be erected or maintained nearer to any street than the established building setback line of such street; provided further, that all other yard and setback requirements of the zoning district sh1ill apply to each and every advertising structure. Provided further, _ i

that any billboard may-be erected in C-l, C-2, C-3 and C-4 districts as close to the street as any existing building structure then on the property site, or the property site contiguous to it. Provided, however, as part of the Permit Application it shall be agreed in writing that such billboards shall be removed or set back to the required depth at any time the City of Orlando, for cause, gives a thirty (30) day notice for such removal or relocation. The cost of the removal or relocation of said billboard shall be the financial obligation of the owner of the billboard.

(ii) Along limited access highways and expressways as established by the State of Florida or any of its political subdivisions, no billboard shall be allowed within one hundred fifty (150) feet of the outside curb (the nearest curb to the proposed sign) of the main traffic route of such street or highway. It is intended specifically by this provision that such setback shall not be measured from the curb line of ramps or ways used exclusively for access to or exit from such highway or street; however, all billboards located along such ramps or ways shall meet all appropriate yard and - ,building setback requirements for the zones in which they are located.

(E) Number of Billboard SignsPermitted

(i) General Regulations

No billboatd structure shall be constructed unless the required distance .. i

to the nearest existing or approved billboard structure is maintained as provided herein.

(a) .Billboard Signs Located Along limited Access Highways and Expressways

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Along limited access highways, including expressways, as established by the State of Florida or any of its political subdivisions, no billboard structure shall be erected closer than one-thousand (l,000)

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feet to the nearest billboard structure on the same side of the highway having an advertising surface facing in the same direction regardless of the size of the billboard structure; provided however, that

- 1 in no event shall more than ten (lO) advertising surfaces per mile be allowed for each side of the highway. Provided further, that no billboard shall be erected if to do so would permit a person traveling in the normal direction on a highway to view a billboard structure that is located closer than one-thousand (l ,000) feet to any other billboard structure on the right-hand side of the highway. The term "billboard structure" shall include both the front and back sides of a billboard sign.

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(b) Billboard Signs Located Along Federal-Aid Primary Highways

Along Federal-Aid Primary Highways as established by the State of Florida or any of its political subdivisions, no billboard structure shall be erected closer than five hundred (500) feet to the nearest billboard structure on the same side of the highway having an advertising surface facing in the same direction, regardless of the sizes of the billboard structures; provided however that in no event shall more than twenty (20) advertising surfaces per mile be allowed for each side of the highway. Provided further, that no billboard shall be erected if to do so would permit a person traveling in the normal direction on a highway to view a billboard structure that is located closer than five hundred (500) feet to any other billboard structure on the right-hand side of the highway. The term "billboard structure" shall include both the front and back sides of a billboard sign.

(c) Billboard Signs Located Along All Other Roadways

(i) Billboards having seventy-five (75) sguare feet or less of coPy area per face

Except as provided in 58.145(2) (E) (i) (a) and (b), no billboard structure having a copy area of seventy-five (75) square feet or less per face shall be erected closer than two hundred (200) feet to the nearest billboard structure on the same side of

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the roadway having an advertising surface facing the same direction regardless of the size of the billboard structure; provided however, that in no event shall more than twenty-five (25) ad

- :. vertising surfaces of this size be allowed per mile for each side of the roadway. Provided further, that no billboard structure . ,, having a copy area of seventy-five (75) square feet or less per face shall be erected if to do so would permit a person traveling in the normal direction on a highway to view a billboard structure having copy areas of this size per face located closer than two hundred (200) feet to any other billboard structure on the right-hand side of the roadway. The term "billboard structure"

• I shall include both the front and back side of a billboard sign.

(ii) Billboards having a coPy area of greater than seventy-five (75) sguare feet per face

Except as provided in 58.145(2) (E) (i) (a) and (b), no billboard structure having a copy area of more than seventy-five (75)

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square feet per face shall be erected closer than two hundred (200) feet to the nearest billboard structure having a copy area of seventy-five (75) square feet or less per face nor closer than five hundred (500) feet to any other billboard structure having a copy area of greater than seventy-five (75) square feet per face. These distances shall apply only to billboards on the same side of the roadway having an advertising surface facing in the same direction. Provided however, that in no event shall more than twenty (20) advertising surfaces of this size be allowed per mile for each side of the roadway. Provided further, that no billboard structure having a copy area of greater than seventy-five (75) square feet per face shall be erected if to do so would permit a person traveling in the normal direction on a roadway to view a billboard structure having a copy area of this size per face located closer than two hundred (200) feet to any other billboard structure having a copy area of seventy-five (75) square feet or less per face nor located closer than five hundred (500) feet to any other billboard structure having a copy area of greater than seventy-five (75) square feet per face on the right-hand side of the roadway. The term "billboard structure" shall include both the front and back sides of a billboard sign.

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(iii) Roadways with Different Sized Billboard Signs: Maximum Number of Advertising Surfaces Allowed Per Mile

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Along any roadway where there are located billboards which have copy areas which must follow the terms of both subsections (i) and (ii) above, no more than twenty (20) advertising surfaces shall be allowed per mile for each side of the roadway regardless of the respective number of each size of advertising surface.

(F) How Distance is Measured

The distance between billboards shall be the distance measured lineraly along the centerline of the street or highway on which the common frontage sites each have frontage, between perpendiculars to such centerline drawn from such billboard (at the point on each closest to the other) to the centerline of such street.

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(G) Billboard Sign Viewable from More Than One Street or Highway _ 1

A double or single-faced billboard which is situated in such a manner so as to be visible by traffic on two or more streets or highways, shall meet the distance requirements on all such streets or highways for signs facing in the same direction.

(H) Minimum Distance from Public or Semi-Public Facilities

No billboard shall be allowed within one-hundred (1'00) feet of the nearest property line of any public park, municipal, county, state or federal public building, religious institution, or any public or private school. , j

(I) illumination

No billboard shall be erected, or any existing billboard maintained, that incorporates flashing, scintillating, beacon or running lights.

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(3) Other Signs

-Unless otherwise specified, the following sign regulations shall apply generally - i throughout the City.

. j (A) Banner Signs

No banner sign shall be erected unless first approved by the City Council of the City of Orlando as to content and location. No sign shall be approved unless it is shown to be for the purpose of advertising an event that is for the general public, and no location shall be approved unless it is shown that such sign will not interfere with the public safety. If approved, no banner sign shall be displayed longer than fourteen (14) days prior to opening and no more than three (3) days after the close of the public event.

(B) Bench Signs

Bench signs may be permitted if such signs are part of a public service program and have been specifically approved by the City Council of the City of Orlando. If bench signs are allowed, no portion of the sign structure shall protrude beyond the bench or seat on which it is located.

(C) Construction Signs

No more than one (1) sign denoting the owner, architect, financial institution, general contractor, subcontractors, and any statement pertaining to the building or project under construction upon lots or parcels of land where a building permit has been secured for construction of a building or project on such lot or parcel of land, may be erected on the property, and shall be removed when the building has been completed, prior to issuance of the final Certificate of Occupancy, or within fifteen (15) days after substantial construction operations have ceased, whichever is earlier. Construction signs shall be set back in accordance with the requirements of the zoning classification of the property upon which located.

(D) Directory Signs and Nameplates - Professional Office Buildings

(i) Zones Allowed

Professional offices and businesses permitted in any zoning district other than commercial and industrial may have nameplates or directory signs.

(ii) Display Area Allowed - By Office Size

(a) Single Office

One (1) nameplate or directory sign not to exceed four (4) square feet in area.

(b) Two or Three Offices

Individual and separate nameplates, not to exceed two (2) square feet in area for each profession or business, or one (1) directory sign not to exceed six (6) square feet in area.

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(c) Four or More Offices

Separate and individual nameplates shall not be permitted. One (l) directory sign, not to exceed eight (8) square feet in area, may be permitted.

(iii) General Regulations

(a) Ground Mounted Directory Signs or Nameplates - Location and Height

A ground mounted sign shall not be located on any comer lot within the triangular area formed by the street right-of-way lines and a line connecting them at points twenty-five (25) feet from the comer formed by the intersection of the street property lines. The sign shall be set back at least fifteen (l 5) feet from any property line and shall not exceed five (5) feet in height. .

(b) Nameplates

Each nameplate shall indicate only the name, address and occupation of the tenant.

(c) Illumination

Directory signs and nameplates may be illuminated during normal office hours ifin conformance with Section 58.147.

(E) Directional Signs

One private directional sign not exceeding nine (9) square feet in area, may be permitted at each access drive providing such sign only directs motorists to the location of off-street parking areas.

(F) Identification Signs

One sign of a permanent nature, setting forth the name or services of a community or development center, church or other similar organization located in any zoning district other than commercial or industrial shall be permitted on the site if set back in accordance with the requirements of the zoning classification of the property. Such sign shall not exceed thirty-two (32) square feet in area. If ground mounted, the top of the sign shall be no more than five (5) feet above ground level.

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(G) Integral Signs

Individual letters and numerals comprising such signs shall not exceed twelve (12) inches in height, and the integral sign itself shall not exceed twelve (12) square feet in area.

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(H) Political Campaign Signs

A maximum of two (2) non-illuminated signs, not exceeding four (4) square - ! feet in area, supporting the candidacy of any person who has qualified under

the laws of Florida as a candidate for an elective office of the City of Orlando, County of Orange, or State of Florida may be permitted in R-U, R-I AA, R-I A, R-I or R-2 residential districts; provided, that any such sign may only be installed by, or with the express consent of the occupant of the premises; further provided, that any such sign may not be less than fifteen (IS) feet from any street right-of-way line; and further provided, that any such sign shall

o , be removed by the occupant of the premises within twenty-four (24) hours after the general election, or after the primary election in which the candidate named is eliminated, whichever occurs first.

(0 Real Estate Signs

Real estate signs with copy on either one or both sides shall be permitted in all zoning districts provided that only one (I ) sign may be erected for each street frontage adjoining the parcel of property orunit offered for sale, lease or rent. No such sign shall exceed four (4) square feet in area in residential districts nor thirty-two (32) square feet in area in commercial or industrial districts. Multiplelisting strips and sold signs may be allowed when attached to a real estate sign, but shall be removed after consummation of sale. Open For Inspection signs not exceeding one and one-half square feet in area may be allowed on property that is open for inspection, but only at such time as a representative of the owner or broker is in attendance. Signs shall be located a minimum of fifteen (IS) feet from side property lines and a minimum of five (5) feet from right-ofway lines, except that in commercial and industrial areas, a real estate sign may extend to the right-of-way lines.

(J) Residential Steet Address Signs

In all residential dwelling districts, numerals used to designate street numbers, names on mail boxes, nameplates or ornamental designs designating the names of occupants of the property are permitted, providing the letters or figures are not more than four (4) inches in height.

(K) Semi-Public Body Signs

Name and information signs and emblems of semi-public bodies as defined herein shall be permitted on the site if set back in accordance with the requirements of the zoning classification of the property. When located within a residential classification only one (I) sign shall be permitted not to exceed six (6) square feet in area. If ground mounted, the top of the sign shall be no more than five (5) feet above ground level.

(L) Subdivision Development Signs

Signs advertising a subdivision development of residential properties may be permitted providing the subdivision has been approved, platted, and under active development and sale. Such signs shall not exceed one-hundred twentyeight (128) square feet in area, including trim. Signs shall not be closer than

121g

fifteen (15) feet to an official right-of-way line and at least fifteen (15) feet from any property under different ownership. The top of the sign shall not exceed twenty-two (22) feet above ground level. Only two (2) signs will be permitted in anyone subdivision. Each sign shall be approved for a period of one (1) year and, upon expiration of such approval, a renewal may be granted by the City Council upon the recommendation of the Zone Commission.

(M) Subdivision and Apartment Signs

One sign denoting only the name of a subdivision or apartment development may be erected on each entrance way wall if mounted flatly against said wall. One illuminated pole or ground sign may be erected on the site of an apartment development provided it is not more than twelve (12) square feet in area, is not more than five (5) feet in height above established lot grade and is set back in accordance with the requirements of the zoning classification of the property. Such sign shall indicate only facilities available on. the immediate premises. Where an apartment development is located on more than one street, one (1) sign may be displayed on each such street.

(N) Temporary Signs

A temporary sign announcing any public, charitable, educational or religious event or function may be erected if located entirely on the premises of that institution and set back no less than fifteen (15) feet from any street right-ofway line and with a sign area not to exceed twenty-four (24) square feet. Such sign shall be allowed no more than fourteen (14) days prior to the event or function and no more than three (3) days after its termination. If such sign is ground-mounted, the top of the sign shall be no more than five (5) feet above ground level. Such sign shall not be illuminated.

58.145-1 Prohibited Signs

(1) Period Allowed to Remain

The following signs are prohibited and may be continued only for a period of onehundred twenty (120) days from the date of final enactment of this Article. At the end of this period, they shall be removed in accordance with Section 58.l48(1).

(2) Types of Prohibited Signs

(A) Signs which in any way simulate emergency vehicles, traffic control signs and devices, or directional, informational and warning signs which are erected or maintained by the State of Florida, a political subdivision thereof, or by any railroad, public utility or similar agency concerned with the protection of the public health or safety shall be prohibited.

(B) Any private sign placed on public property shall be prohibited.

(C) Any sign which advertises any activity, business, product, service, political candidate, or issue which is no longer produced, conducted or at issue shall be prohibited.

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(D) Any sign containing statements, words or pictures of an obscene nature shall be prohibited.

- I (E) Any vehicle with a sign or signs attached thereto or placed thereon shall be prohibited subject to the following exceptions:

(i) Any vehicle parked on private property when parked within the confines of a building or in some other manner which provides for effective screening so as not to allow the sign or signs on the vehicle to be viewed from any

, 1 public street.

(ii) Any vehicle upon which is placed a sign identifying the firm or its principal products if such vehicle is one which is operated during the normal course of business.

(F) Any sign which obstructs any fire escape or any window or door or opening used as a means of ingress or egress or so as to prevent free passage from one part of a roof to any other part thereof shall be prohibited. Further, no sign shallbe attached in any form, shape or manner to any fire escape, nor be placed in such manner as to interfere with any opening required for ventilation.

(G) Except as provided in Section 58.145(3) (A), any sign which incorporates or consists of banners, pennants, ribbons, streamers, spinners or wind-operated devices shall be prohibited. These devices, when not an integral and functional part of any sign, are similarly prohibited.

(H) Any advertisement which uses a series of two or more signs placed in a line parallel to the highway or in a similar fashion, and carrying a single advertising message, part of which is contained on each sign shall be prohibited.

(I) Any sign which obstructs the view in any direction at a street or road intersection shall be prohibited.

(1) Snipe signs shall be prohibited.

(K) Freestanding signs shall be prohibited.

(L) Any sign which incorporates a beacon light or lights as defined herein shall be prohibited.

58.146 Non-conforming Signs

(1) Period Allowed to Remain

(A) Any sign which conformed to existing regulations and was maintained at the same time this Article became effective may.be continued, although such sign does not conform to all of the provisions contained herein; provided that all such non-conforming signs and their supporting members shall be completely removed from the premises or brought into conformance not later than five years from the effective date of this Ordinance.

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(B) Any sign which lawfully existed on property annexed into the City limits of the City of Orlando may be continued, although such sign does not conform to all of the provisions contained herein; provided that all such non-conforming signs and their supporting members shall be completely removed from the premises or brought into conformance not later than five years from the date of annexation.

(C) Any sign deemed to be a non-conforming sign prior to the adoption of this Article shall be removed or brought into conformance not later than onehundred twenty (120) days after adoption of this Article.

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(2) Requirements

(A) No existing non-conforming sign shall be altered structurally, repaired, moved or have the wording changed unless brought into conformation with the requirements of this Article; provided, however, that this restriction shall not apply to the change of copy on changeable copy signs. Repaired to mean repairs the cost of which is in excess of fifty percent (50%) of the replacement cost of the sign, such cost of repairs to include the cost of labor and materials.

(3) First in Time is Conforming

If two or more billboards, each of which was lawfully constructed at the time of its installation, are situated closer to each other than is permitted by this Article, all of such billboards except the one first installed in the City shall be deemed to be nonconforming advertising devices. The foregoing sentence shall be construed to achieve, as nearly as can be, the result that the billboards deemed to be conforming shall be the billboards which could have been lawfully constructed in the City if this Article is in effect at the time of their construction.

(4) illegal Signs

No sign shall be construed to be a non-conforming sign if it was erected prior to the adoption of this Article without a building permit having been obtained and without the prior approval of the Zoning Department. Any such sign shall be considered unlawful and shall be subject to removal in accordance with the provisions of this Article.

58.147 illumination of Signs

Any light from any illuminatedsign shall be shaded, shielded, or directed so that the light intensity or brightness shall not affect adversely the surrounding or facing premises or affect adversely the safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine directly on or into residential structures.

58.147-1 General Requirements for All Signs

(l ) . Exposed Backs

Advertising displays erected with back exposed to traffic shall have the back of such signs covered, screened or otherwise faced.

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(2) Vacant Signs

No exposed structure or framework (unused panel) may be vacant without advertising copy for a period in excess of thirty (30) days. .

(3) Painting

Any parts and supports of any outdoor advertising sign, panel or structure shall be properly painted at least once every two (2) years or otherwise treated to prevent rust and deterioration.

(4) Signs Located in Industrial Zones

(A) 1-1 Restricted Industrial District

No signs shall be located closer than one-hundred (100) feet to any district other than Rural Urban, Commercial or Industrial. All signs to be located at least twenty (20) feet from the front or side property line.

(B) 1-2 Industrial Park District

No sign shall be located closer than one-hundred and fifty (150) feet to any district other than Rural Urban, Commercial or Industrial. All signs to be located at least twenty (20) feet from the front or side property line.

(C) 1-3 Industrial Park District

No sign shall be located closer than fifty (50) feet to any district other than Rural Urban, Commercial or Industrial. All signs to be located at least twenty (20) feet from the front or side property line.

(D) 1-4General Industrial District

No sign shall be located closer than two hundred (200) feet to any district other than Rural Urban, Commercial, or Industrial. All signs to be located at least twenty (20) feet from the front or side property line.

(E) 1-5 Airport Industrial District

No sign shall be located closer than one-hundred (l00) feet to any district other than Rural Urban, Commercial or Industrial. All signs to be located at least twenty (20) feet from the front or side property line.

58.148 Removal of Signs

(l) Prohibited, Unlawful and Non-Conforming Signs

At the termination of the time periods for which signs are permitted to remain under this Article, the Zoning Administrator shall order the removal of any sign erected and maintained on public or private property in violation of this Article. The Zoning Administrator shall not order the removal of any sign erected and maintained on

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private property in violation of this Article except upon ten (10) days written notice served personally or by registered letter, sent to the address reflected by the Orange County Tax Records, upon the owner or lessee of a sign and the owner of the subject property. Said notice shall inform the owner or lessee of the violation of this Article, the things necessary to be done to comply with said Article, the time period during which the alterations or repairs may be made to the sign to comply with the Article and the right or appeal to the Board of Zoning Adjustment by said owner or lessee. An appeal to the Board of Zoning Adjustment shall stay an order of the Zoning Administrator until the final recommendation of the Board of Zoning Adjustment is acted upon by the City Council.

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(2) Signs in Violation of the Building Code

The provision of subsection (l) of this section shall not be applicable to unsafe signs or to signs in violation of the Building or Electrical Codes of the City of Orlando. Such signs shall be removed by order of the Building Official in accordance with said codes or other applicable codes adopted or to be adopted by the City Council of the City of Orlando.

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(3) Abandoned Signs

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which the sign advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign within sixty (60) days from the termination of the business conducted on the premises, the Zoning Department shall remove it in accordance with Sec. 58.148(1) hereof.

(4) Cost of Removal to be Assessed as a Lien

The City may assess the cost and expense of the removal of signs which are in violation of this Article or the Building Code of the City of Orlando as a lien upon the property which liens shall be superior to all other private liens. Such liens shall be enforced by suit to foreclose following the procedures regarding inspections, filing and service of notice and hearing as set forth in Chapter 63-1720, Florida Special Acts of 1963 (Chapter 13 SS 39-6 of City Charter).

58.148-1 Building Permit

(l ) Building Permit Required

No person shall erect, alter, repair or relocate any sign without first obtaining a building permit for such work from the Building Official of the City of Orlando. No permit shall be issued until the Zoning Department determines that such work is in accordance with the requirements contained in this Article and the Building Inspection Department determines that such work will not violate the Building or Electrical Codes of the City of Orlando. Except as otherwise provided, permits required by this Section will be issued pursuant to the same terms and according to the same fee schedule as all other building permits.

(A) Application

The permit application shall be signed by the applicant or his agent and when the applicant is any person other than the owner of the property, the application shall also be signed by the owner of the property or his agent and shall contain the name and address of the sign owner and sign erector.

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58.158 Appeals.

(1) Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the Zoning Administrator.

(2) Appeals to the Board shall be taken within a reasonable time, such time to be prescribed by the rules of the Board. Appeals by the Board shall be filed with the Zoning Administrator from whose decision the appeal is taken and with the Board of Adjustment, by filing a notice in writing of such appeal, specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the records upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator shall certify to the Board after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by a restraining order which may be granyed by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

Doc. No. 8782 5-19-69

(3) A filing fee of fifty dollars shall be paid to the Executive Secretary of the Board a:J D N the time the notice of appeal is filed with the Board, which fee the Executive Secre- 878'1 o. tary shall pay over to the Director of Finance to the credit of the general revenue 5-19-69 fund of the city.

(4) The Board shall fix a time for the hearing of the appeal and give a public notice thereof, as well as due notice to the parties at interest and shall decide the same within a reasonable time after such hearing. Any party may appear before the Board upon any hearing in person or by agent or attorney.

58.159 Powers Generally.

In specific cases the Board shall have the following powers; provided, however, that any question or decision of the Board in permitting a variation of the application of the regulations established in this article must be approved by the City Council before such variation is allowed:

(1) Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this article.

(2) Special exceptions. When, in its judgment, the public conveniences and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, the Board may, in a specific case, after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary application of the regulations of this article in harmony with their general purpose and intent as follows:

(a) Permit the extension of a district where the boundary line divides a lot in a single ownership.

Doc. No.

(b) Permit the location of the following uses in a district from which they are 6900Jotherwise prohibited by this Chapter, to-wit: plant nurseries, green houses, day 9-~-65 care centers as defined in Section 58.13 (where enrollment does not exceed Doc No fifteen children); farm and truck gardening; home occupations. 11568 .

12-10-73

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(c) Permit a public garage in a commercial district (C-l or C-2), where the Board deems it necessary for the public convenience or welfare; provided, that all other regulations are complied with. This does not include service or filling stations.

(d) Permit repairs, restoration or reconstruction to a nonconforming building or structure which is hereafter damaged by fire, flood, explosion, earthquake,war riot or any so-called act of God; provided, that the applicant first submits proposed construction plans in order to secure approval of the Zoning Administrator, the Chief of the Fire Department or any other authorized city official under other applicable ordinances of the city. Such building or structure when repaired, restored or reconstructed shall be used only as such nonconforming use rights existing at the time of such partial destruction; provided, that such repairs, restoration orreconstruction shall be started and a building permit therefor shall have been applied for within six months of the date such building was so damaged.

(e) Permit land located in a dwelling district which immediately adjoins a commercial or industrial district to be used for off-street parking of automobiles as an accessory to the commercial uses. Such use shall not, however, be permitted for a distance of more than one hundred feet from the boundary of any commercial or industrial district. The Board may impose reasonable regulations regarding the type of development of such use so as to properly protect the adjoining residence development.

(f) To interpret the provisions of this article in such a way as to carry out the intent and purpose of the plan, as shown upon the district zoning map, where the actual street layout on the ground varies from the street layout as shown on the map.

(g) Grant a permit whenever it is provided in this article that the approval of the Board of Adjustment is required.

Doc. No. 8782 5-19-69

(h) Time limit. Any special exception recommended by the Board and granted b--;l D N the City Council shall expire six months after the effective date of such action I5~14 o. by the City Council unless the provisions of the special exception are adhered to within the aforesaid six months' period. However, that upon application, the Board may renew such special exception for one additional period of six months, provided good cause is shown, and the application for extension shall be filed with the Board at least two weeks prior to the expiration of the aforesaid six months' period.

(3) Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this article, the Board shall have the power to vary or modify any of the rules, regulations or provisions prescribed in this article, so that the spirit of this article will be observed, the public welfare secured and substantial justice done.

(a) Conditions and limitations. In connection with any recommendation by the Board for the granting of a variance, the Board shall include any conditions, requirements or limitations to be attached to the variance which the Board may believe to be necessary and desirable to protect adjacent properties and the surrounding neighborhood, and to carry out the purposes and objectives of this chapter.

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(b) Time limit. Any variance recommended by the Board and granted by the City Council shall expire six months after the effective date of such action by the City Council unless a building permit based upon and incorporating the variance is obtained within the aforesaid six months' period or unless the provisions of the variance are adhered to within the aforesaid six months' period. However, upon application, the Board may renew such variance for one additional period of six months; provided good cause is shown, and the application for extension shall be filed with the Board at least two weeks prior to the expiration of the aforesaid six months' period.

(4) Rules. The Board may from time to time, adopt such rules and regulations as may be deemed necessary to carry into effect the provisions of this article.

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ARTICLE XXI. ZONING APPROVAL.

58.160 Written Approval for Use of Vacant Lands.

No vacant land shall be occupied or used except for agricultural use until written approval shall be issued by the Zoning Administrator.

58.161 Repealed.

58.162 Repealed.

58.163 Written Approval for Building and Drawings Required.

All applications for zoning approval shall be accompanied by a drawing in duplicate showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot and such other information as may be useful to provide for the enforcement of the regulations in this chapter. Prior to the issuance of any building permit for changes, repairs or alterations to a building, the Zoning Administrator shall inform the Building Inspection Department in writing of the applicant's compliance with this chapter. A careful record of the original copy of the drawings submitted shall be kept in the office of the Building Official and a duplicate copy shall be kept at the building during all times during constrution. Upon completion of any building changes, repairs or alterations, the Zoning Adrrunistrator shall inform the Building Inspection Department of his final approval and acceptance in writing of the intended occupancy.

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ARTICLE XXII. GENERAL PROVISIONS.

58.164 Interpretation, Purpose and Conflict.

In interpreting and applying the provisions of sections 58.01 to 58.168 of this Code, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by sections 58.01 to 58.168 of this Code to interfere with, abrogate or annul any easement, covenant or other agreement between parties, provided, however, that where sections 58.01 to 58.168 of this Code impose a greater restriction upon the use of a building or premises or upon the height of a building or require larger open spaces than are imposed or required by any other ordinance, rule, regulation or permit, or by an easement, covenant or agreement, the provisions of sections 58.01 to 58.168 of this Code shall govern.

58.165 Changes and Amendments.

The City Council of the city may, from time to time after public notice and hearing and after receiving a report by the Zone Commission, amend, supplement or change the boundaries or regulations established or ordained in sections 58.01 to 58.168 of this Code.At least fifteen days' notice of such comtemplated amendment, supplement or change and the time and place of the hearing shall be given. Notice of the time and place of a public hearing shall be published on at least two separate days in paper of general circulation in the city, the last to be not later than three days prior to the date of the hearing.

58.166 Application Fee and Successive Applications.

(1) Before application for rezoning shall be made to the Zone Commission for a change in district regulation or district boundaries, an application for a conditional use or an Doc. No. application for classification as a zone of transition, a fee of one hundred dollars 8781 shall be paid to the Executive Secretary of the Zone Commission as an application 5-19-69 fee. The Executive Secretary shall pay over to the Director of Finance such fee to the credit of the general revenue fund of the city; provided, that if no public hearing is schedule for such application, then the sum of ten dollars of the one hundred dollars paid by the applicant shall be refunded to the applicant.

(2) Unless specifically permitted otherwise by City Council, no application for re- Jzoning shall be considered by the Zone Commission within six months from the time the property described in such application has been decisively acted upon by the Zone Commission, as a result of a previous application.

58.167 Penalty.

Any person who violates any of the provisions of sections 58.01 to 58.168 of this Code, or any rule, regulation, order or decision made under sections 58.01 to 58.168 of this Code, shall, upon conviction, be punished as provided in section 1.08 of this Code.

J58.168 Enforcement of Chapter.

D OC. No. It shall be the duty of the Zoning Administrator to see that sections 58.01 to 58.168 of 8782 this Code are enforced. 5-19-69

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ARTICLE XXIII. AIRPORT ZONING.

58.169 Definitions.

Unless the context otherwise requires, the following words or phrases shall have the meanings set opposite them for any and all purposes of this article:

(l ) Aircraft means and includes baloons, airplanes, hydroplanes, gliders and every other vehicle used for navigation through the air.

(2) Airport means any area ofland or water, or both, designed or set aside for the landing and taking off of aircraft, located, in whole or in part, in Orange County and owned by the City.

(3) Airport hazard means any structure, tree or use ofland which interfers with communication between an airport and aircraft approaching the same or which obstructs the aerial approaches of an airport or which is otherwise hazardous to its use for landing or taking off of aircraft.

(4) Landing area means the area of an airport used for the landing, taking off and taxiing of aircraft.

(5) Nonconforming means that which does not conform to any airport zoning regulations or rule or any amendment thereto, as of the effective date of such regulation, rule or amendment.

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(6) Person means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, committee, assignee or other similar representatives thereof.

(7) Structure means any object or thing constructed, erected, placed or installed above the surface of the ground, including, but without limitation, buildings, fences, derricks, haystacks, poles, wires, towers and smokestacks.

(8) Tree means any object of natural growth.

58.170 Airport Zoning Board - Created; Composition; Appointment of Members.

There shall be an Orlando-Orange County Airport Zoning Board, hereinafter referred to as the "Airport Zoning Board", to consist of five members, who shall be appointed or elected as follows:

Two members, shall be appointed by themayorof the city, and approved by the City Council and two members, who shall be appointed by the Board of County Commissioners of Orange County; and a chairman as provided for in the following section.

58.171 Same - Election of Chairman.

A chairman shall be elected by a majority of the members of the Airport Zoning Board.

58.172 Same - Compensation and Term of Members.

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The chairman and all other members shall serve without compensation and shall be appointed or elected for a term of three years, or until their successor takes office.

58.173 Same - Filling of Vacancies; Removal of Members.

Vacancies on the Airport Zoning Board shall be filled in the same manner as original members are appointed or elected for the unexpired term of any member whose term becomes vacant. The members of the Airport Zoning Board shall be removable for any cause by the appointing or electing authority, upon written charges and after a public hearing.

58.174 Same - Adoption of Rules; Meetings; Administering Oaths.

The Airport Zoning Board shall adopt rules for the conduct of its business, and meetings shall be held at the call of the chairman and at such other times as a majority of the Airport Zoning Board may determine. All meetings of the Airport Zoning Board shall be open to the public. The chairman, or in his absence, the acting chairman, may administer oaths and preside at all meetings of the Board.

58.175 Same - Minutes and Records to be kept.

The Airport Zoning Board shall keep minutes of its proceedings, showing the vote of each member upon each matter before the Airport Zoning Board for determination, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Airport Zoning Board and shall be a public record.

58.176 Same - Power and Authority.

Subject to the applicable rules, restrictions, guides and standards established by this article, all of the power and authority conferred upon the City Council or the county by sections 333.01 to 333.14, Florida Statutes, to adopt, revise, administer and enforce airport zoning regulations to protect the aerial approaches of any airport located, in whole or in part, within the corporate limits of the city or the county is hereby delegated to the Airport Zoning Board; provided, however, that all such power and authority hereby delegated to the airport and all other boards, commissions or other agencies mentioned in this article shall be exercised by them only in connection with airports located, in whole or in part, in Orange County and owned by the city. The Airport Zoning Board, in exercising any or all of the power and authority hereby delegated to it, shall at all times and in all respects comply with all of the terms, conditions and provisions contained in sections 333.01 to 333.14, Florida Statutes.

58.177 Same - Appointment of Executive Secretary; Office Space to be Provided.

The Airport Zoning Board is hereby authorized to appoint an Executive Secretary.

The city shall furnish adequate office space for the proper functioning of the Airport Zoning Board.

58.178 Same - Establishing Boundaries of Districts; Amending, Revising, Modifying, etc., Zoning Regulations or Restrictions.

In establishing boundaries of airport zoning districts, or in determining, adopting, amending,

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revising, modifying, supplementing or changing any airport zoning regulations or restrictions, the Airport Zoning Board, for its guidance, among other things, shall give consideration to the following:

(1) The character of the flying operations conducted or expected to be conducted at the particular airport;

(2) The nature and topography of the terrain in the vicinity of the particular airport;

(3) The height of existing structures and trees on and in the vicinity of the particular airport;

(4) The possibility of lowering or removing existing structures or trees in the vinicity of the particular airport;

(5) The views of the federal agency charged with the fostering of civil aeronautics as to the aerial approaches necessary to safe flying operations at the particular airport;

(6) The hazards, risks and dangers of aerial traffic at the particular airport;

(7) The type, size, weight and load capacity of aircraft using or which may use the particular airport;

(8) The weather conditions generally prevailing in the vicinity of the particular airport;

(9) The size and layout of the landing area of the particular airport;

(10) The present and future needs of the inhabitants of the city and Orange County with reference to the use of the particular airport for public transportation.

58.179 Districts, Regulations and Restrictions Applicable to Certain Areas.

No Airport Zoning District or aircraft zoning regulation or restriction shall apply to any property located more than three miles beyond the outer perimeter of any particular airport and no Airport Zoning District or airport zoning regulation or restriction shall apply to any property until and after the city has acquired the property for the particular airport and the layout of such airport has been determined.

58.180 Airport Zoning Commission - Appointment.

In accordance with the provisions of section 333.05, Florida Statues, the Airport Zoning Board shall appoint a commission to be known as the Airport Zoning Commission.

58.181 Same - Subject to Chapter 333 of Florida Statues; Report to Airport Zoning Board.

The Airport Zoning Commission shall be subject to all of the terms and conditions contained in sections 333.01 to 333.14, Florida Statutes, and in this article, and shall recommend the boundaries of the various zones to be established and the regulations to be adopted therefor.

58.182 Same - Filling Vacancies; Removal of Members.

Vacancies on the Airport Zoning Commission shall be filled in the same manner as original

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members are appointed. The members shall be removable for cause by the appointing authority, upon written charges, and after a public hearing.

58.183 Same - Adoption of Rules: Meetings; Administering Oaths.

The Airport Zoning Commission shall adopt rules for the conduct of its business, and the meetings of such Commission shall be held at the call of the chairman thereof and such other times as a majority of such Commission may determine. All meetings of the Airport Zoning Commission shall be open to the public. The chairman, or in his absence, the acting chairman, may administer oaths and preside at all meetings of the Commission.

58.184 Same - Minutes and Records to be kept.

The Airport Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each matter before such Commission for determination, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Airport Zoning Board and shall be a public record.

58.185 Same - Determining District Boundaries and Regulations.

The Airport Zoning Commission, in determining the various original boundaries of airport zoning districts and in determining the original airport zoning regulations to be enforced in such original airport zoning districts, for recommendation to the Airport Zoning Board for their guidance, shall give consideration among other things, to all of the guides and standards contained in section 58.178 of this Code and other restrictions contained in this article.

58.186 Approval of District Boundaries and Regulations by City Council and County Commissioners.

The Airport Zoning Board shall not establish the boundaries of any original airport zoning district or adopt any original airport zoning regulations to be enforced therein, until and after the boundaries of any such original airport zoning district and the original airport zoning regulations to be enforced therein have been approved by an ordinance of the City Council and a resolution of the County Commissioners of Orange County.

58.187 Construction, Repair, Etc., of Buildings and Use of Land to Comply with District Regulations.

No person shall establish or construct any new structure or make any new use of any land or replace any existing structure or make any new use of any land or structure or make any substantial change therein or thereon or substantial repairs thereto, located in any particular Airport Zoning District, in violation of any airport zoning regulation or rule applicable to such particular Airport Zoning District.

58.188 Permits - When Required.

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, the owner thereof shall secure from the Executive Secretary of the Airport Zoning Board in the manner provided in this article, a permit authorizing such replacement, change, or repair before any work is started.

58.189 Same - Application.

Before any person shall establish or contract any new structure or make any new use of any land or replace any existing structure or make any new use of land or structure located

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in any substantial change therein or thereon or substantial repair thereto, the owner of such structure, tree or land, as provided for in the preceding section, shall file an application with the Executive Secretary of the Airport Zoning Board for a permit to do so and shall secure such permit before commencing any work in connection therewith. Each application for a permit shall contain such information and be accompanied by such plats, drawings and other data as may be necessary to enable the Executive Secretary to determine whether or not the proposed operation or project will comply with all applicable airport zoning regulations.

If any proposed operation or project, for which an application for a permit is filed, does not conform with the provisions of any applicable airport zoning regulation or rule, the application shall be disapproved by the Executive Secretary, who shall notify the applicant in writing to that effect, with the reasons for the disapproval. In cases where the Board of Airport Zoning Appeals is authorized to grant special exceptions or variances from the applicable airport zoning regulations, such application shall be transmitted forthwith by the Executive Secretary to the Board of Airport Zoning Appeals for its action and such application shall be returned to the Executive Secretary with the action of the Board noted in writing. If such application is disapproved by the Board of Airport Zoning Appeals, the Board shall forthwith notify the applicant to that effect.

58.190 Same - Granted as Right for Replacement, Change, etc., of Structures and Trees; Exception.

All permits shall be granted as a matter of right for the replacement, change or repair of nonconforming uses, structures or trees, except in those cases hereinbefore specifically mentioned.

58.191 Same - When not to be Granted.

No permit as required by section 58.188 of this Code shall be granted that will allow the structure or tree in question to be made or become higher or become a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted.

58.192 Same - Compliance with Zoning Regulations Required Prior to Issuance.

The Executive Secretary of the Airport Zoning Board shall not issue any permit required by section 58.188 of this Code, unless all airport zoning regulations or rules applicable to the particular Airport Zoning District in which the structure, tree or land is located, shall be fully complied with.

58.193 Enforcement of Airport Zoning Regulations and Rules Adopted by Airport Zoning Board.

The Executive Secretary of the Airport Zoning Board, or such other person or agency designated by the Airport Zoning Board as the administrative agency, is hereby authorized and empowered to administer and enforce all of the airport zoning regulations and rules adopted by the Airport Zoning Board. but the Executive Secretary or administrative agency in exercising any or all of the power and authority hereby delegated to them shall at all times and in all respects comply with all the terms, conditions and provisions contained in sections 333.01 to 333.14, Florida Statutes, and the airport zoning rules and regulations.

58.194 Correction, Abatement, etc., of Unlawful Action or Condition.

In case any of the operations or projects mentioned in sections 58.187 to 58.193 of this Code are performed in violation of any applicable zoning regulation or rule, the Executive

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Secretary, in addition to other remedies, may institute or cause to be instituted, any appropriate action or proceeding to prevent, restrain, correct or abate such unlawful action or condition.

58.195 Board of Adjustment - Created; Powers Generally.

There shall be a Board of Adjustment, which shall have and exercise all the powers contained in section 333.10, Florida Statutes.

58.196 Same - Composition, Compliance with Chapter 333 of Florida Statutes and this Article.

The Board of Adjustment shall consist of five members who shall be appointed by the Airport Zoning Board for a term of three years each and such Board of Adjustment shall be subject to and shall comply with all of the applicable terms and provisions contained in sections 333.01 to 333.14, Florida Statutes, and in this article.

58.197 Same - Qualification of Members; Designation of Chairman; Filling Vacancies.

Three members of the Board of Adjustment shall be residents of the City and the other two members of such Board shall be residents of Orange County. The chairman of such Board shall be designated by the Airport Zoning Board. Vacancies on such Board shall be filled in the same manner as original members are appointed for the unexpired term of any member whose term becomes vacant and any member of the Board of Airport Zoning Appeals shall serve until his successor takes office.

58.198 Same - Appointment of Secretary and Assistants; Office Space to be provided.

The Board of Adjustment is hereby authorized to appoint a secretary of such Board and such other assistants as may be necessary for the purpose of proper performance of the duties and business of such Board. The city shall furnish adequate office space for the proper functioning of the Board of Adjustment.

58.199 Same - Variances.

The Board of Airport Zoning Appeals, created in accordance with the provisions of section 333.10, Florida Statutes, is hereby authorized and empowered to hear, decide and grant specific variances from airport zoning regulations in cases of practical difficulty or unnecessary hardship after public notice has been given in connection therewith. Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree or otherwise use his property in violation of any airport zoning regulations may make application in the manner provided in section 58.189 of this Code for a variance from the airport zoning regulations in question. In all applications for variance permits arising under section 58.189 of this Code, such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this article. Provided, that any variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this airport zoning law. The Board of Adjustment shall act as a fact finding body and as a guide to its decision, it shall give consideration, among other things, to the rules, regulations, restrictions, guides and standards set forth in sections 333.01 to 333.14, Florida Statutes, in this article and in the airport zoning rules and regulations, and especially to the following:

(l) The quides and standards set forth in section 58.178 of this Code.

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(2) The height and width or proposed height and width and use or proposed use of the particular structure or tree in connection with which a variance from the airport zoning regulations is being requested.

(3) Whether or not the particular structure or tree will create or become an airport hazard.

(4) Whether or not the issuance of such permit will result in endangering the public health.

59.200 Same - Hazard Marking and Lighting.

In granting any permit or variance under this article, the Board of Adjustment may, if it deems such action advisable, to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain thereon, such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

58.201 Same - Appeals from Decisions taken to Court of Record.

Any and all appeals which may be taken from a decision of the Board of Adjustments to a Court of Record as indicated in section 333.11, Florida Statutes, shall be filed in the Circuit Court of the Ninth Judicial Circuit of Florida located in Orlando, Florida, and the City Council of the City or the County Commissioners of Orange County shall have the right to take an appeal from a decision of the Board of Airport Adjustment in the manner indicated in section 333.11 of the above-mentioned Act.

58.202 Airport Zoning Regulations to be reasonable and have full force of Law.

Any and all airport zoning regulations adopted or promulgated under the power and authority contained in Chapter 333, Florida Statutes, or in this article shall be reasonable and shall have full force of law, and none shall require the removal, lowering or other change or alteration of any structure or tree, not conforming to airport zoning regulations, when adopted or revised, or otherwise interfere with the continuance of any nonconforming use.

58.203 Availability of Airport Zoning Regulations.

The airport zoning regulations adopted pursuant to the power and authority contained in Chapter 333, Florida Statutes, and in this article shall be so arranged under one cover to the end that all of the laws and regulations applicable to airport zoning may be found in one place. A true and accurate copy of any and all such laws, rules and regulations pertaining to airport zoning shall be kept on file at all times in the office of the Airport Zoning Board and in the office of the County Commissioners of Orange County, which shall be open to inspection by the public all times during regular office hours.

58.204 Enforcement and Remedies.

(l) Each violation of this airport zoning law or of any regulations, orders, or rulings, promulgated or made pursuant to this article, shall constitute a misdemeanor, and shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense.

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(2) In addition, the Airport Zoning Board may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this article, or of airport zoning regulations adopted under this article, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of this article and of the regulations adopted and orders and rulings made pursuant thereto.

58.205 Article not to be changed without Consent of County Authority.

The appropriate legislative authority of Orange County having passed legislation substantially similar to this article, and such legislation and this article being intended to be in the nature of joint and concurrent action, this article shall not be changed without the consent of the appropriate legislativeauthority of Orange County.

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ARTICLE XXIV. ORLANDO-QRANGE COUNTY AIRPORT ZONING REGULATIONS

58.206 Short Title.

This ordinance shall be known and may be cited as "Orlando-Orange County Airport Zoning Ordinance."

58.207 Definitions.

As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context otherwise requires:

(1) Airport means Herndon Airport, formely known as Orlando Municipal Airport.

(2) Airport elevation means the established elevation of the highest point on the usable landing area.

(3) Airport hazard means any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking-off at the airport.

(4) Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.

(5) Board of Adjustment means a board consisting of five members appointed by the Orlando-Orange County Airport Zoning Board as provided in chapter 333, Florida Statutes, 1959, and the ordinance and resolution adopted by the City Council and the County Commission respectively, pursuant to such chapter, establishing such board.

(6) Height. For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

(7) Instrument runway means a runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

(8) Landing area means the area of the airport used for the landing, take-off or taxiing of aircraft.

(9) Nonconforming use means any structure, tree or use of land which is lawfully in existence at the time the regulation is prescribed in the article or an amendment thereto becomes effective and does not then meet the requirements of such regulation.

(10) Noninstrument runway means a runway other than an instrument runway.

(11) Person means an individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.

(12) Runway means the paved surface of an airport landing strip or such amount thereof

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as properly marked for lawful use in the landing and taking-off of aircraft.

(13) Structure means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.

(14) Tree means any object of natural growth.

58.208 Zones Established and Described.

In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying within the instrument approach zones, noninstrument approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on the Orlando-Orange County Airport Zoning Map consisting of one sheet, prepared by Engineering Department of the City and dated May 31, 1962, which is attached to this article and hereby established and defined as follows:

(1) Instrument approach zone. An instrument approach zone is established at each end of the instrument runway symmetrical about the extended runway center line for instrument landings and take-offs. The instrument approach zones shall have a width of one thousand feet at a distance of two hundred feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its center line being the continuation of the center line of the runway.

(2) Noninstrument approach zone. A noninstrument approach zone is established at each end of all noninstrument runways on Herndon Airport for noninstrument landings and take-offs. The noninstrument approach zone shall have a width of five hundred feet at a distance of two hundred feet beyond each end of the runway widening thereafter uniformly to a width of two thousand five hundred feet at a distance of 10,200 feet beyond each end of the runway, its center line being the continuation of the center line of the runway.

(3) Transition zones. Transition zones are hereby established adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transition zones extend outward from a line two hundred fifty feet on either side of the center line of the noninstrument runway for the length of such runway plus two hundred feet on each end; and five hundred feet on either side of the center line of the instrument runway for the length of such runway plus two hundred feet on each end and are parallel and level with such runway center lines. The transition zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare syrnmetrially with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, the transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the center line of the runway.

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(4) Horizontal zone. A horizontal zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of 10,000 feet. The horizontal zone does not include the instrument and noninstrument approach zones and the transition zones.

(5) Conical zone. A conical zone is hereby established commencing at the periphery of the horizontal zone and extending to a distance of 15,000 feet from the airport reference point. The conical zone does not include the instrument and noninstrument approach zones and transition zones.

58.209 Height Limitations on Trees and Structures.

Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this article to a height in excess of the height limit herein established for such zone. Such height limitations are computed from the established airport elevation and are hereby established for each of the zones in question as follows:

(l) Instrument approach zone. One foot in height for each fifty feet in horizontal distance, beginning at a point of two hundred feet from the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each forth feet in horizontal distance to a point 50,200 feet from the end of the runway;

(2) Noninstrument approach zones. One foot in height for each forty feet in horizontal distance, beginning at a point two hundred feet from the end of the noninstrument runway and extending to a point 10,200 feet from the end of the runway;

(3) Transition zones. One foot in height for each seven feet in horizontal distance, beginning at a point two hundred fifty feet from the center line of noninstrument runways and five hundred feet from the center line of the instrument runway, measured at right angles to the longitudinal center line of the runway, extending upward to a maximum height of one hundred fifty feet above the established airport elevation which is one hundred thirteen feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal and conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zones and extending a distance of five thousand feet from the edge of the instrument approach zone measured at right angles to the continuation of the center line of the runway;

(4) Horizontal zone. One hundred fifty feet above the established airport elevation or a maximum height of two hundred sixty-three feet above mean sea level elevation; and

(5) Conical zone. One foot in height for each twenty feet of horizontal distance beginning at the periphery of the horizonral zone and measured in an inclined plane passing through the airport reference point.

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Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to thirty-five feet above the surface of the land.

58.210 Use Restrictions.

Notwithstanding any other provisions of this article, no use may be made of land within any zone established by this article in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult to flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off or maneuvering of aircraft.

58.211 Nonconforming Use Regulations.

(A) Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree nonconforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction or alteration of which was begun prior to the effective date of this article, if diligently prosecuted.

(B) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of Aviation of the City or such other person as may be designated as the administrative supervisor of the Herndon Airport to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazard. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

58.212 Permit Required to Change Land Use or Erect, etc., Structures or Trees Within Zones.

(A) Future Uses. Except as specifically provided in paragraphs one, two and three hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

(1) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone.

(2) In the areas lying within the limits of the instrument and noninstrument approach zones but at a horizontal distance of not less than four thousand two

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hundred feet from each end of the runways, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such instrument or noninstrument approach zone.

(3) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground except when such tree or structure, because of terrain, land contour or topographic features would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this article except as set forth in section 58.209.

(B) Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher or become a greater hazard to air navigation than it was on the effective date of this article or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(C) Nonconforming uses abandoned or destroyed. Whenever the Executive Secretary of the Orlando-Orange County Airport Zoning Board determines that a nonconforming structure or tree has been abandoned or more than eighty per cent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

58.213 Variances.

Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use his property not in accordance with the regulations prescribed in this article may apply to the Board of Adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this article.

58.214 Installation of Markers and Lights to Indicate Hazards.

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

58.215 Administration and Enforcement of Article.

It shall be the duty of the Executive Secretary of the Orlando-Orange County Airport

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Zoning Board to administer and enforce the regulations prescribed in this article. Applications for permits and variances shall be made to the Executive Secretary of the OrlandoOrange County Airport Zoning Board upon a form furnished by him. Applications required by this article to be submitted to the Executive Secretary of the Orlando-Orange County Airport Zoning Board shall be promptly considered and granted or denied by him. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Executive Secretary of the Orlando-Orange County Airport Zoning Board.

58.216 Board of Adjustment - Created; Powers; Membership; Term of Office of Members; Removal for Cause.

There is hereby created a Board of Adjustment to have and exercise the following powers:

(l) To hear and decide appeals from any order, requirement, decision or determination made by the Executive Secretary of the Orlando-Orange County Airport Zoning Board in the enforcement of this article;

(2) To hear and decide special exceptions of the terms of this article upon which such Board of Adjustment under such regulations may be required to pass;

(3) To hear and decide specific variances.

The Board of Adjustment shall consist of five members appointed by the Orlando-Orange County Airport Zoning Board and each shall serve for a term of three years and until his successor is duly appointed and qualified. Of the members first appointed one shall be appointed for a term of one year, two for a term of two years and two for a term of three years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.

58.217 Same - Rules of Procedure; Meetings; Minutes of Proceedings.

The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this article. Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board of Adjustment may determine. The chairman, or in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All hearings of the Board shall be public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Executive Secretary of the Orlando-Orange County Airport Zoning Board and shall be a public record.

58.218 Same - Decisions to be in Writing; Majority Vote Sufficient to Reverse Order, etc., of Executive Secretary or Decide for Applicant.

The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this article.

The concurring vote of a majority of the members of the Board shall be sufficient to reverse any order, requirement, decision or determination of the Executive Secretary of the Orlando-Orange County Airport Zoning Board or to decide in favor of the applicant on any matter upon which it is required to pass under this article or to effect any variation in this article.

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58.219 Appeals from Decision of Executive Secretary of Airport Zoning Board.

(A) Any person aggrieved or any taxpayer affected by any decision of the Executive Secretary of the Orlando-Orange County Airport Zoning Board made in his administration of this article, if of the opinion that a decision of the Executive Secretary of the Orlando-Orange County Airport Zoning Board is an improper application of these regulations, may appeal to the Board of Adjustment.

(B) All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board, by filing with the Executive Secretary of the Orlando-Orange County Airport Zoning Board a notice of appeal specifying the grounds thereof. The Executive Secretary of the Orlando-Orange County Airport Zoning Board shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Executive Secretary of the Orlando-Orange County Airport Zoning Board certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by order of the Board on notice to the agency from which the appeal is taken and on due cause shown.

(D) The Board shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney.

(E) The Board may, in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances.

58.220 Judicial Review.

Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, as provided in section 333.11 of Florida Statutes 1961.

58.221 Penalty for Violation of Article; Each Day a Separate Offense.

Each violation of this article or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable as provided in Section 1.08 of this Code. Each day a violation continues to exist shall constitute a separate offense.

58.222 More Stringent Regulation to Govern in Conflict.

Where there exist a conflict between any of the regulations or limitations prescribed in this Article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

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ARTICLE XXV. PLANNED UNIT DEVELOPMENTS.

58.223 Short Title.

This article shall be known and may be cited as the "Planned Unit Development Ordinance."

58.224 Definitions.

As used in this article the following words and phrases shall have the meaning respectively ascribed to them in this section, unless the context otherwise requires:

0) City. The City of Orlando, Florida.

(2) City Clerk. The City Clerk of Orlando, Florida.

(3) City Council. The City Council of Orlando, Florida.

(4) Common open space. A parcel or parcels ofland or an area of water, or a combination of land and water within the site designated for a planned unit development; and designed and intended for the use or enjoyment of residents of the planned unit development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development.

(5) Landowner. The legal or beneficial owner or owners of all of the land proposed to be included in a planned unit development. The holder of an option or contract to purchase a lessee having a remaining term of not less than forty years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a landowner for the purpose of this chapter.

(6) Plan. The proposal for development of a planned unit development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by this chapter. The phrase "provisions of th...e plan" where used in this article shall mean those documents, verbal or graphic, referred to in this definition.

(7) Planning Board. The Municipal Planning Board of the City.

(8) Planned unit development. An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in anyone residential district established by any other articles of this chapter.

(9) Single ownership. The proprietary interest of a landowner, as herein defined.

(0) Statement of objectives for planned unit development. That statement of objectives contained in Section 58.228, and shall include all maps and attachments incoporated in that statement by reference.

58.225 Approval

The approval provisions of this chapter shall be administered by the City Council after

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referral by the Municipal Planning Board in accordance with section 3a of chapter 29361, Laws of Florida, 1953, and chapter 176, Florida Statutes.

58.226 Application of Article.

(l) The provisions of this article shall apply only to a tract of land proposed to be developed for fifty or more dwelling units, which tract is under single ownership, and for which an application for a planned unit development is made as hereinafter provided, or to an application made within the provisions of subsection (2) of this section.

(2) Notwithstanding, the provisions of subsection (l) of this section, an application for a planned unit development on a tract of land for more than six but less than fifty dwelling units may be filed and a public hearing shall be held thereon, as hereinafter provided, but no tentative approval of such an application shall be given by the Municipal Planning Board unless the Commission shall find, upon a showing by the landowner, that the minimum number of dwelling units required in subsection (l) of this section should be waived because a planned unit development is in the public interest, and that one or more of the following conditions exist:

(a) Because of unusual physical features of the property itself or of the neighborhood in which it is located, a substantial deviation from the regulations otherwise applicable is necessary or appropriate in order to conserve a physical or topographic feature of importance to the City;

(b) The property or its neighborhood has a historical character of economic importance to the community that will be protected by use of a planned unit development;

(c) The property is adjacent to or across a street from property which has been developed or redeveloped under a planned unit development, and a planned unit development will contribute to the maintenance of the amenities and values of the neighboring property.

(3) All planned unit developments from this date forward shall be permitted only in accordance with this Article,

58.227 Permitted Uses.

Uses permitted may include and shall be limited to:

(l) Dwelling units in detached, semi-detached, attached or multistoried structures, or any combination thereof; and

(2) Nonresident uses of a religious, cultural, recreation and commercial character to the extent they are designed and intended to serve the residents of the planned unit development.

(3) No commercial use, nor any building devoted primarily to a commercial use, shall be built or established prior to the residential buildings or uses it is designed or intended to serve. Commercial uses shall be limited to small service-type stores designed to serve only the needs that may be generated within the unit development in which they are located. Commercial buildings shall be architecturally

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designed to be in harmony with the residential character of the surrounding development.

58.228 Standards and Criteria.

A plan that is not inconsistent with (I) the statement of objectives for planned unit development, or (2) the general standards set out hereinafter, or (3) the specific rules and regulations for planned unit developments adopted from time to time and placed of public record by the Planning Board in the office of the Clerk of the City shall be prima facie deemed to have qualified for tentative approval. No such planning Board rules and regulations shall be revised or added so as to be applicable to a specific proposal for a planned unit development after an application for tentative approval has been filed by the landowner.

A plan shall be consistent with the following general standards for use of land, and the use, type, bulk, design and location of building, the density or intensity of use, the common open space, the public facilities and the development by geographic division of the site:

(l) The plan may provide for a variety of housing types.

(2) The total ground area occupied by buildings and structures shall not exceed thirty per cent of the total ground area of the planned unit development. Building coverage is defined as the land area covered by dwelling balconies, porches and other architectural projections, but not including roof overhangs, open balconies and uncovered porches.

(3) Height of particular buildings shall not be a basis for denial or approval of a plan; provided any structures in excess of thirty-five feet shall be designed and platted to be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services and facilities.

(4) Nonresidential uses of a religious, educational or recreational nature that are of a noncommercial and nonprofit type, shall be presumed to be designed or intended for the use of the residents of the planned unit development, and burden shall be on the staff of the Planning Board of objecting parties appearing at the public hearings to show that such uses beyond a reasonable doubt will primarily serve persons residing outside the planned unit development. The burden shall be on the landowner to show that nonresidential uses of commercial character are intended to serve principally the residents of the planned unit development. No building designed or intended to be used, in part or in whole, for commercial purposes shall be constructed prior to the construction of not less than seventy-five per cent of the dwelling units proposed in the plan.

(5) A plan may provide for a greater number of dwelling units per acre than would be permitted by the regulations otherwise applicable to the site, but if the density or intensity of land use exceeds by more than ten per cent that permitted by the regulations otherwise applicable to the site, the landowner has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The Planning Board, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by (a) the amount, location and proposed use of common open space and

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The Planning Board may, therefore, within the limits hereinafter specified, waive or modify the specifications otherwise applicable for a particular public facility where the Planning Board finds that such specifications are not required in the interests of the residents of the planned unit development and that the modifications of such specifications are not inconsistent with the interests of the entire City, and provided that all such modifications are approved by the appropriate City departments.

58.229 Application for Tentative Approval.

(l) The Planning Board may make such written general rules regarding general procedure and form of applications as it may determine, provided they are not inconsistent herewith.

(2) After completion of preliminary conference(s), the applicant(s) shall file for tentative approval of the planned unit development. A professional team approach in the preparation of the planned unit development plan is required. This team should include, but is not limited to, a registered architect, landscape architect and registered civil engineer. The following shall be submitted:

(a) A preliminary title report showing vested ownership and all covenants,conditions, restrictions and reservations of record.

(b) Statement of intent indicating:

1. Reason why the subject property is suitable for planned unit development. 2. Type of residences to be constructed. 3. Method and time schedule of development and improvement of the

project. 4. Purpose and proposed use of the open space to be provided. 5. State the manner in which the units will be sold, i.e., type of condominium

or cooperative, according to the planned unit development types permitted under section 58.227.

(c) Development plans drawn to a scale of not greater than one hundred feet to the inch showing: The boundaries of the site, topography and a proposed grading plan; the width, location and names of surrounding streets, proposed street sections and improvements; existing and proposed sewer lines, existing and proposed surface and improved drainage; the topography, location, dimensions and uses on adjacent property of all existing buildings and structures within one hundred feet of the boundary line of the subject site; the location, dimensions, ground floor area and uses of all existing and proposed buildings and structures on the subject site; landscaping; parking areas, including the size and number of stalls and the internal circulation height, pedestrian, vehicular and service ingress and egress; location, height and material of walls and fences; and other specific uses of the site.

(d) Schematic drawings and renderings to scale showing the architectural design of all buildings and structures.

(e) Statistical information including the following:

1. Total acreage of site area.

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2. Height, ground floor area and total floor area of each building. 3. Number of dwelling units in each building. 4. Building coverage expressed as a per cent of the site area. 5. Area of land devoted to landscaping or open space usable for recreation

purposes, and its percentage of the site area and net area. 6. Density of land use to be allocated to parts of area to be developed.

(f) The sequence of construction of various portions of the development if the construction is to occur in stages.

(g) A statement as to the source of water and method of sewage disposal.

(h) Landscaping plan, showing:

1. All mature trees, indicating those to be retained, removed or relocated. 2. Special landscape features to be retained or created, such as rocks, walls,

fences, etc. 3. Recreation areas and facilities to be provided, if any. 4. Proposed grading in contour intervals of not less than one foot. 5. Other landscaping.

(i) The location, function, ownership and manner of maintenance of common open space.

(j) The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures including proposed easements for public utilities.

(k) Other information reasonably required by the Planning Board for a proper consideration of the proposal including, but not limited to, geological and soil reports.

(3) One copy of every application for tentative approval received by the secretary shall be promptly delivered to the staff of the Planning Department for its review and report to the Planning Board. As part of its review, the staff of the Planning Department shall consult to the extent it deems necessary with the Fire, Engineering, Building, Traffic Engineering and other departments of the City concerning such application.

(4) Nothing herein contained shall be deemed to forbid or discourage informal consultations between the landowner and the staff of the Planning Department prior to the filing of an application for a tentative approval; provided no statement or representation by a member of the staff shall be binding upon the Planning Board.

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ARTICLE XXVI. MOBILE HOME PARKS

58.230 Short Title.

This article shall be known as the "Mobile Home Parks Ordinance."

58.231 Regulations Applying to a Conditional Use in R-U, Rural Urban Dwelling District.

Where mobile home parks are permitted as a conditional use, such mobile home parks shall be subject to the following provisions of this Article.

58.232 Definitions.

For the purposes of this Article, the following definitions shall apply:

(l) Common open space and developed recreational areas. A parcel or parcels of land, or a combination of land and water within the site designated for a mobile home park, designed and intended for the exclusive use and enjoyment of residents within the mobile home park. These areas may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents within the mobile home park.

(2) Mobile home. A transportable single family dwelling unit having no foundation other than wheels, jacks, or skirtings; designed and manufactured for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing.

(3) Mobile home park. Hereinafter referred to as "park". A parcel of land under single ownership which has been planned and improved for the placement of mobile home for non-transient use and consisting of rental mobile home spaces.

(4) Mobile home space. A plot of ground within a mobile home park designed for the accommodation of one mobile home and the exclusive use of its occupants.

(5) Mobile home stand. That part of an individual space which has been reserved for the placement of the mobile home, appurtenant structure or additions thereto, including necessary electrical, plumbing and other utility installations.

(6) Service building. A structure housing such facilities as may be required under this and other applicable ordinances.

58.233 Application for a Conditional Use in R-U, Rural Rrban Dwelling Districts.

Mobile home parks may be permitted in areas of the City zoned as R-U, Rural Urban Dwelling Districts, by the City Council after review of an application and plans appurtenant thereto and hearings thereon by the Zone Commission and after recommendation by the Zone Commission based upon findings as to whether the proposed use is consistent with the general plan and the public interest. The following procedure will apply to any application for a park:

(l) Prior to application, the owner or developer shall confer with the Zoning, Planning, Traffic Engineering, Engineering, Fire and Police Departments, Orlando Utilities Commission, as well as other concerned departments to ascertain general eligibility and feasibility. These preliminary discussions will provide necessary information so that the owner or developer may proceed with the project in a proper manner, thus expediting subsequent processing.

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(2) Following preliminary conferences, the owner or owners of any tract of land, comprising an area of not less than ten (10) acres, may submit to the Zone Commission a plan for use and development of the land for a park. Following Zone Commission approval for processing, said plan will then be referred to the Municipal Planning Board for its review and recommendation to the Zone Commission with respect to the project's compliance with this ordinance, the City's comprehensive Plan, and the overall ability of the City to service the development. Following tentative approval of the development plan by the Municipal Planning Board, the Zone Commission may authorize a public hearing at which time the application for a conditional use permit will be acted upon. Final recommendation by the Zone Commission to the City Council will be given only after consideration of the following:

(a) Whether the appropriate use of adjacent property will be fully safe-guarded.

(b) If the plan is consistnet with the intent of this ordinance to promote public health, safety and general welfare.

(c) Whether the park shall be used primarily for single family residents and if such normal accessory uses as may be permitted are designed and intended only for the use and service of residents within the park.

(3) Applications for a conditional use shall be accompanied by not less than ten (10) prints of a site plan indicating compliance with the following criteria:

A site or plot plan prepared by a registered architect, engineer, or other qualified professional, sufficient to permit a tentative conclusion as to the acceptability of major elements of the project, shall be submitted as part of the application. Such plan shall show the shape, area and size of the site, distances to street intersections, north point, general topography, location and grouping of mobile homes and accessory buildings, walks, driveways, parking areas, recreation and common open areas.

The application shall include the proposed list of regulations governing use of mobile home spaces by tenants.

58.234 General Regulations.

The following general regulations shall be applicable to parks:

(1 ) No part of any park shall be used for non-residential purposes except such uses that are required for the direct servicing and well being of park residents or for the management and maintenance of the park.

(2) The following occupancy requirements shall be applicable to parks:

(a) Only one (1) mobile home containing a single family dwelling unit shall be permitted on each mobile home space.

(b) No portion of a park shall be intended for occupancy less than thirty (30) days.

(c) A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home stand and connected to water, sewerage and electrical utilities.

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(2) A stand shall be provided on every space to accommodate each mobile home and its attached accessory structures such as expandable rooms, enclosed patios, garages or other structural additions. The stand shall be improved to provide an adequate foundation for the placement and tie down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning.

(3) The mobile home stand shall be designed and plans certified by a Florida registered professional engineer. The plans shall include all details of the anchoring system for the mobile home, and other data necessary to describe the construction and basis of calculation. The plans and design shall conform to the requirements of the City of Orlando Building Code, including securing the necessary building permits therefor.

(4) All spaces shall have the electrical, plumbing and other utility installations necessary to provide services for lighting, cooling, heating and sanitary facilities for a mobile home, and shall conform to the City of Orlando codes relative to each such installation.

(5) For purposes of Section 58.238, the Building Official of the City shall be the enforcing officer.

(6) In order to provide adequate storage facilities on or conveniently near each space for the active storage of outdoor equipment, furniture and tools, and for the inactive storage of such other material as is used only seasonally or infrequently by the typical tenant and cannot be conveniently stored in the typical mobile home, the following shall apply: A minimum of ninety (90) cubic feet for general storage space shall be provided on the space, or in compounds located within a reasonable distance, generally not more than 100 feet from each mobile home stand.

58.239 Common Open Space and Developed Recreational Areas.

Common open space and developed recreational areas shall be provided equivalent to 400 square feet of area for each mobile home space. The Planning Board and the Zone Commission shall consider prior to their recommendation to the City Council whether the open space and recreational areas adequately provide for the anticipated needs of park residents and provide a proper balance of both developed recreational area, for active play, and common open space for passive enjoyment.

(l) Developed recreational areas may include, but not be limited to such facilities as playgrounds, tot lots, swimming pools, shuffleboard courts and community buildings. An imaginative approach to the provision and design of such areas shall be encouraged by the Planning Board and the Zone Commission. The Planning Board and Zone Commission will consider that park recreational needs will depend upon such factors as park site, size and the anticipated age characteristics of the residents. Said Board and Commission shall also consider the relative location of these areas within the park with respect to the residents they are designed to serve.

(2) Common open space areas are those areas within the park set aside for the common use of all park residents. The Planning Board and the Zone Commission shall consider that the shape, design and size of open space parcels or strips will vary with each park layout and design. The Board and Commission shall consider whether or not the general design of these areas demonstrate an awareness of their intended use for

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passive enjoyment. Utilization of common open space areas may be enhanced by improvements such as walkways, meandering trails, benches and flowers, shrubs and tree plantings, while still maintaining their natural open character.

(3) In computing the common open space and developed recreation area requirements, consideration should be given by the Planning Board and the Zone Commission in making these recommendations to all uses and intended uses outlined in subsections (l) and (2). In addition, other items such as drainage swales and canals may be considered by the Board and Commission if it can be demonstrated that through proper design they add favorably to the recreational inventory of the park and do not present a health or safety hazard to park residents. Buffer yards, as described in Section 58.242 shall be excluded from computation of common open space and developed recreational area requirements. However, limited development of these areas in a manner adding to the passive or active recreational enjoyment of park residents shall be permi tted if the applicant can demonstrate to the Planning Board and Zone Commission that the use will not defeat the purpose and intent of the buffer yard.

58.240 Service Areas for Drying Clothes.

Areas for the outdoor drying of clothes may be provided. When such areas are provided the following shall apply:

(l) Common drying areas shall not be less than twenty-five (25) square feet for each mobile home space. Such areas shall not be visible from any public street and adequately screened from view so as not to be objectionable to residents of adjacen t properties.

(2) Where drying facilities are provided for individual mobile home spaces, they shall be part of the basic facility, of a standardized design and located in the same general area of each mobile home space. Such facility shall be adequately screened from view so as not to detract from the appearance of the park.


Off-street parking shall be provided for park residents as set forth in this section.

(l) A minimum of one and one-half (l Y2) paved off-street parking spaces shall be provided for each mobile home space. Each mobile home space shall contain at least one (1) paved parking space; the remainder of the required parking spaces shall be either on mobile home spaces or located for convenient access to the mobile home stands.

(2) For purposes of this article an off-street parking space shall comply with the definition set forth in Article XV, Section 58.113 of the Zoning Ordinance.

58.242 Screening and Landscaping.

Parks shall be screened from view where said parks abut City streets as provided in Subsection (4) of this Section and said parks shall be landscaped and certain areas screened from view as otherwise provided in this Section:

(l) A landscaped buffer yard not less than twenty-five (25) feet in width shall be pro

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I

vided and maintained around the perimeter of the park except where such buffer yard abuts an arterial street in which case it shall be increased to fifty (50) feet in width. Such buffer shall not be considered to be part of an abutting mobile home space, nor shall any structure be located within a required buffer yard.

(2) The Planning Board and the Zone Commission in making their recommendation to City Council shall consider the proposed appearance of certain setback and buffer yard areas of the park and whether they protect and preserve the appearance, character, and value of the park and surrounding neighborhoods, by providing for installation and maintenance of landscaping for screening purposes.

(3) A green belt planting strip not less than twenty feet (20) in width shall be located and maintained within those required buffer yards not bordering on a public street. Plantings within the strip shall be composed of shrubs and trees which are hardy, appropriate for use and location, planted so as to thrive with normal maintenance, and shall consist of plants which will grow to a height of twelve (12) feet or more and shall not be less than three (3) feet in height when planted.

(4) Parks which abut an arterial or collector street shall be screened by walls, solid or louvered fencing or open fencing with appropriate plantings at least four (4) feet in height, provided however, that such screening shall be at least fifteen (15) feet from any mobile home stand.

(5) Screen fences, walls or plantings shall be provided to effectively screen objectionable views which may include but are not limited to laundry drying yards, garbage, and trash collection stations, non-residential uses and automobile parking areas designed to serve recreation or service areas.

(6) Lawn and ground cover appropriate to the use and location shall be provided where needed to prevent erosion of swales and slopes and on other areas to obtain usable yards. Undisturbed areas such as woods and ravines may be excepted and preserved in their natural state.

58.243 Street System

The following requirements are established for street systems in parks:

(1) All parks shall be provided with vehicular access from abutting public streets or roads to each mobile home space. The City Traffic Engineer shall make a recommendation to the Planning Board as to the safety and convenience of said vehicle access and the City Engineering Department shall determine if the alignment and gradient of street is properly adapted to topography.

(2) The City Traffic Engineer shall determine and recommend whether access to parks is designed to minimize congestion and hazards at the entrance or exit and allows the free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pavement width of thirty-four (34) feet where parking is permitted on both sides. A minimum road pavement width of twenty-six (26) feet where parking is limited to one side is required except where a center parkway or median strip is used, in which case, the minimum road pavement width shall be increased to thirty-four (34) feet. Where the primary entrance road does not provide access to abutting mobile home spaces

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(b) No commercial use, nor any building devoted primarily to a commercial use shall be built or established prior to the residential uses it is designed or intended to serve.

(2) Advertising signs for commercial uses shall comply with the following requirements:

(a) Neon signs of flashing lights on signs shall not be permitted.

(b) Ground signs of any type shall not be permitted.

(c) Only signs indicating the name of the business establishment shall be visible from outside the building.

(d) Roof signs shall be prohibited.

(e) Projecting signs shall be prohibited.

(f) Wall signs not exceeding twenty-five (25) square feet in area may be permitted but shall be limited to one (1) sign per building wall.

(g) One (1 \ .:.arquee sign may be permitted and shall be of the type attached to or hung from a marquee and comp1et1ey within the boarder line of the marquee outer edge. No sign shall be more than eighteen (18) inches in depth under any marquee regardless of the height of the marquee and in no case shall the bottom of such sign be lower than eight (8) feet above the sidewalk.

(h) No advertising sign heretofore mentioned shall be displayed so as to attract customers from any public street or thoroughfare.

(3) Parks may have one (1) illuminated ground or wall sign; provided it is not more than one hundred (100) square feet in area, indicating facilities available on the immediate premises. Where a park is located on more than one street, one (1) sign of the dimensions specified may be displayed on each street. Doc. No.

9137 58.246 Certificate of Occupancy Required. 1-12-70

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No park shall be available for use or occupancy prior to the issuance of a certificate of 150 - .157 occupancy by the City and no certificate of occupancy shall be issued unless not less than fifty (50) mobile home spaces are available for use and unless the park has complied with all provisions of this article.

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Documents

ZONING ORDINANCE - City of Orlando · Permitted and Conditional Uses 13 District Regulations 14 ... Point of Sale Signs 118 Billboard Signs 121 ... deed or other private agreement