(A)   Description of district. This district is established in order to identify and stabilize those areas within the city that are appropriate for agricultural uses and to preserve the open character of certain environmentally sensitive lands. Lands in the A-1 Agriculture District are largely devoted to the production of citrus fruits, cattle grazing, general farming, and include swamp lands and rural residential areas. As the need and demand for additional land suitable for urban development is determined by the Planning and Zoning Board and the City Commission, selected portions of this district may be rezoned for more intensive forms of development. Areas of the city for which this zoning category is appropriate are designated on the comprehensive plan as rural residential/agriculture or conservation.

   (B)   Permitted and conditional uses. Unless otherwise permitted by this chapter, no building or land in the A-1 District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. The uses listed as conditional are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   General farming, citrus cultivation and production, dairies, silviculture, agriculture, cattle grazing, cattle production, and horse pasturing.

         (b)   Single-family dwellings, with their customary accessory uses.

         (c)   General poultry for family consumption only.

         (d)   A tenant dwelling, provided that the following conditions are met:

            1.   The land must be utilized for a bona fide agricultural use that encompasses three or more acres.

            2.   The structure must conform to building area regulations.

            3.   The structure shall house only those persons employed on-site in carrying out the bona fide agricultural use, and their immediate family.

         (e)   A guest house or garage apartment incidental to the operation and use of the property.

      (2)   Conditional uses:

         (a)   Cemeteries. Funeral homes and mausoleums may each be permitted as an ancillary use to a cemetery subject to conditional use approval, but may not be permitted as a singular use when not in association with a cemetery. Such uses shall provide sufficient on-site parking, staging areas and/or service drives in order to accommodate parking and staging of funeral processions. Streets and public right-of-ways shall not be used for parking or to form funeral processions.

         (b)   Veterinary hospitals and kennels.

         (c)   Churches and structures pertinent thereto.

         (d)   Country and golf clubs, fishing clubs.

         (e)   Fish ponds, when approved in accordance with applicable state, federal, and county regulations and laws.

         (f)   Bait production and sales, provided that any sales structure is set back at least 50 feet from the front or side line of the property.

         (g)   Community services and facilities.

         (h)   Retail or wholesale plant production, nurseries, and greenhouses.

         (i)   Nursery schools, kindergarten, and day care centers.

         (j)   Fraternal clubs when chartered with the state.

   (C)   Site development standards. The following minimum standards are hereby established to maintain the purpose of the district, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare. Variable side-yard setbacks within the stated range are permitted to encourage innovative site planning and the preservation of trees.

      (1)   Minimum lot size (above the mean high water line), 3 acres.

      (2)   Minimum site width at building line, 200 feet.

      (3)   Minimum street frontage, 35 feet.

      (4)   Minimum setbacks.

         (a)   Front yard, 25 feet.

         (b)   Side yard, a combined setback of 20 feet with a minimum dimension in each yard of eight feet.

         (c)   Rear yard, 30 feet.

      (5)   Maximum building height, 35 feet.

      (6)   Within the Big Lake Mary overlay zoning district, the minimum building floor area, excluding carports, garages, porte cocheres, breezeways and screened porches = 1,600 square feet.

   (D)   Additional requirements.

      (1)   All uses must conform to Appendix B of Chapter 155 for off-street parking and other regulations.

      (2)   Lakefront regulations and requirements are included in § 154.12.

      (3)   School location, regulations and requirements are included in § 154.68.

      (4)   Properties located within the Big Lake Mary overlay zoning district shall comply with the relevant provisions of § 154.90.

      (5)   When there is a conflict between of the Big Lake Mary overlay zoning district, the provisions of § 154.90 take precedence.

(Ord. 241, passed 11-27-85; Am. Ord. 427, passed 5-18-89; Am. Ord. 503, passed 5-17-90; Am. Ord. 940, passed 8-26-99; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1282, passed 3-6-08; Am. Ord. 1647, passed 10-7-21) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and stabilize those geographic areas that are appropriate for the development and maintenance of rural, country-like, single- family residential estates of at least one acre in size. These areas are characterized by large open spaces, single-family dwelling units, and limited agricultural activities which do not create a detrimental effect on surrounding properties. Areas of the city for which this category is appropriate are designated on the comprehensive plan as rural residential/agricultural or low-density residential.

   (B)   Permitted and conditional uses. Unless otherwise permitted by this chapter, no building or land in the R-CE District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. The uses listed as conditional are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Single-family dwellings and their customary accessory uses.

         (b)   A guest house or garage apartment incidental to the operation and use of the property.

         (c)   Horses or fowl, provided that no more than one horse per acre of pasture and 12 fowl shall be kept on site.

      (2)   Conditional uses:

         (a)   Community services and facilities.

         (b)   Golf courses and country clubs.

         (c)   Churches and structures appurtenant thereto.

   (C)   Site development standards. The following minimum standards are hereby established to maintain the purpose of the district to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare. Variable side-yard setbacks within the stated range are permitted to encourage innovative site planning and the preservation of trees.

      (1)   Minimum lot size (above the mean-high-water line), one acre.

      (2)   Minimum site width at building line, 150 feet.

      (3)   Minimum street frontage, 35 feet.

      (4)   Minimum setbacks.

         (a)   Front yard, 25 feet.

         (b)   Side yard, a combined setback of 20 feet with a minimum dimension in each yard of eight feet.

      (5)   Maximum building height, 35 feet.

      (6)   Minimum building floor area, 1,600 square feet, excluding carports, garages, porte cocheres, breezeways, and screened or open porches.

   (D)   Additional requirements.

      (1)   All uses must conform to Appendix B of Chapter 155 for off-street parking and other regulations.

      (2)   Lakefront regulations and requirements are included in § 154.12.

      (3)   School location, regulations and requirements are included in § 154.68.

      (4)   Properties located within the Big Lake Mary overlay zoning district shall comply with the relevant provisions of § 154.90.

      (5)   When there is a conflict between the provisions contained in this section and the provisions of the Big Lake Mary overlay zoning district, the provisions of § 154.90 take precedence.

(Ord. 241, passed 11-27-85; Am. Ord. 427, passed 5-18-89; Am. Ord. 503, passed 5-17-90; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1282, passed 3-6-08; Am. Ord. 1647, passed 10-7-21) Penalty, see § 154.999

   (A)   Description of district. These districts are established in order to identify and to stabilize those geographic areas within the city that are appropriate for the development and maintenance of a low- density, single-family residential environment. Areas of the city for which these categories are appropriate are designed on the comprehensive plan as low-, medium- low-, or medium-density residential.

   (B)   Permitted and conditional uses. Unless otherwise permitted by this chapter, no building or land in the R-1AAA, R-1AA, R-1A, and/or R-1B districts shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. The uses listed as conditional are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses: Single-family dwellings and their customary accessory uses.

      (2)   Conditional uses:

         (a)   Churches and structures appurtenant thereto.

         (b)   Community services and facilities.

         (c)   Temporary sales office (see § 154.11).

   (C)   Site development standards. The following minimum standards are hereby established to maintain the purpose of the district, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare. Variable side-yard setbacks within the stated range are permitted to encourage innovative site planning and the preservation of trees.

 

   (D)   Additional requirements.

      (1)   All uses must conform to Appendix B of Chapter 155 for off-street parking and other regulations.

      (2)   Lakefront regulations and requirements are included in § 154.12.

      (3)   School location, regulations and requirements are included in § 154.68.

      (4)   Properties located within the Big Mary overlay zoning district shall comply with the relevant provisions of § 154.90.

      (5)   When there is a conflict between the provisions contained in this section and the provisions of the Big Lake Mary overlay zoning district, the provisions of § 154.90 take precedence.

      (6)   The R-1B zoning designation is applicable only to property of 75 or more acres that is adjacent to Interstate Highway 4.

(Ord. 241, passed 11-27-85; Am. Ord. 427, passed 5-18-89; Am. Ord. 449, passed 8-3-89; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1282, passed 3-6- 08; Am. Ord. 1342, passed 1-21-10; Am. Ord. 1647, passed 10-7-21) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and stabilize those geographic areas within the city that are appropriate for the development and maintenance of a medium-density residential environment. The purpose of this district is to limit construction to the development of higher-density single- family dwellings (including cluster homes and patio homes) and large-lot two-family dwellings (duplexes). Areas of the city for which this zoning category is appropriate are designated on the comprehensive plan as medium-low- and medium-density residential.

   (B)   Permitted and conditional uses. Unless otherwise permitted by this chapter, no building or land in the R-2 District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. The uses listed as conditional are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Two-family dwellings (duplex) with the customary accessory uses.

         (b)   Single-family dwellings with their customary accessory uses.

      (2)   Conditional uses:

         (a)   Churches and their appurtenant uses.

         (b)   Community services and facilities.

         (c)   Temporary sales office (see § 154.11).

   (C)   Site development standards. The following standards are hereby established to maintain the purpose of the district, to promote the functional compatibility of use, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare.

      (1)   Minimum lot size, above the mean-high-water line.

         (a)   Each single-family unit shall be located on a lot or parcel having a land area not less than 7,500 square feet.

         (b)   Each duplex structure shall be located on a lot or parcel having a land area not less than 15,000 square feet.

      (2)   Minimum site width at building line, 75 feet.

      (3)   Minimum street frontage, 25 feet.

      (4)   Minimum setbacks.

         (a)   Front yard, 25 feet.

         (b)   Side yard, a combined setback of 20 feet with a minimum dimension in each yard of eight feet.

         (c)   Rear yard, 30 feet.

      (5)   Maximum building height, 35 feet.

      (6)   Minimum building floor area per dwelling unit, excluding carports, garages, porte cocheres, breezeways, and screened and open porches, 750 square feet.

   (D)   Additional requirements.

      (1)   All uses must conform to Appendix B of Chapter 155 for off-street parking and other regulations.

      (2)   Lakefront regulations and requirements are included in § 154.12.

      (3)   School location, regulations and requirements are included in § 154.68.

      (4) Properties located within the Big Lake Mary overlay zoning district shall comply with the relevant provisions of § 154.90.

       (5) When there is a conflict between the provisions contained in this section and the provisions of the Big Lake Mary overlay zoning district, the provisions of § 154.90 takes precedence.

(Ord. 241, passed 11-27-85; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1282, passed 3-6-08; Am. Ord. 1647, passed 10-7-21) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and stabilize those geographic areas within the city that are appropriate for the development and maintenance of high-density residential development. Due to the higher than average concentration of persons and vehicles, this district must have convenient access to arterials or collectors and have adequate public and commercial services. Areas of the city for which this zoning category is appropriate are designated on the comprehensive plan as high-density residential.

   (B)   Permitted and conditional uses. Unless otherwise permitted by this chapter, no building or land in the R-3 District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. The uses listed as conditional are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   All R-2 permitted uses.

         (b)   Fee simple single family attached dwellings.

         (c)   Multi-family dwelling and special uses and structures designed primarily for service to occupants of the multi-family dwellings.

      (2)   Conditional uses:

         (a)   Community services and facilities.

         (b)   Churches with their appurtenant structures.

         (c)   Schools, public and private.

         (d)   Adult congregate living facilities.

         (e)   Nursing homes.

         (f)   Daytime child care centers.

         (g)   Any structure exceeding 35 feet in height.

   (C)   Site development standards.

      (1)   All fee simple dwellings, including single family detached and single family attached developments, are subject to the relevant provisions of Chapter 155 of the City of Lake Mary Code of Ordinances. All other developments are subject to the relevant provisions of Chapter 156.

      (2)   The following standards are hereby applicable to all R-3 zoned developments:

         (a)   Maximum site size (above mean high-water-line), one acre.

         (b)   Maximum gross residential density, 9 du/a.

         (c)   Minimum street frontage, 50 feet.

         (d)   Minimum building setback from property line shall be determined by the minimum landscape buffers, per Chapter 157, but in no case shall the minimum building setback be less than 25 feet from any external property line and/or off-site roadway.

         (e)   Maximum building height, 35 feet.

   (D)   Fee simple development standards.

      (1)   For fee simple one and two family developments, refer to the development standards contained in § 154.58.

      (2)   All fee simple developments are subject to the relevant provisions of Chapter 157 of the City of Lake Mary Code of Ordinances.

      (3)   The following development standards are applicable to each lot in all fee simple single family developments with three or more attached units:

         (a)   Minimum lot width, 21 feet.

         (b)   Minimum lot area, 2,400 square feet.

         (c)   Minimum internal side yard setback, 0 feet.

         (d)   Minimum dwelling unit size, 1,600 square feet.

         (e)   Maximum of six units per building.

         (f)   Minimum 20 foot separation between buildings.

   (E)   Additional requirements.

      (1)   All uses must conform to Appendix B of Chapter 155 for off-street parking and other regulations.

      (2)   Lakefront regulations and requirements are included in § 154.12.

      (3)   School location, regulations and requirements are included in § 154.68.

      (4)   Properties located within the Big Lake Mary overlay zoning district shall comply with the relevant provisions of § 154.90.

      (5)   When there is a conflict between the provisions contained in this section and the provisions of the Big Lake Mary overlay zoning district, the provisions of § 154.90 takes precedence.

      (6)   The first floor of each building must be nonresidential and all floors must be built out in one phase. The nonresiden- tial use must have a certificate of occupancy before the residential use is given a certificate of occupancy.

      (8)   The first floor of each multi-family building must be concrete.

      (9)   Minimum multi-family and condominium unit size: one-bedroom must be larger than 750 square feet; two-bedroom must be larger than 1.000 square feet; three or more bedrooms must be larger than 1.350 square feet.

      (10)   Minimum multi-family and condominium building setback: 50 feet for buildings greater than 35 feet or when adjacent to single-family residential use or zoning. The building setbacks for R-3 zoning applies for buildings 35 feet or less.

      (11)   Amenities required within multi-family developments include:

         (a)   Each unit must have an in-unit washer/dryer and an independent balcony. All balconies shall be a minimum of 54 square feet of clear, unobstructed space, at least six feet in depth. Balconies may be covered and screened but cannot be fully enclosed. False, Faux, Juliet/Juliette, Balconette, and other similar ornamental or standing-type balconies shall not be considered a balcony and are prohibited where a balcony is referenced in this section.

         (b)   Pool with restrooms.

         (c)   Gymnasium.

         (d)   Park space,

         (e)   Doggy runs (if pets are allowed).

         (f)   Internal concierge trash service.

         (g)   Enhanced landscaping to include a minimum-ten-foot-wide planting area for building foundation landscaping, with a minimum of two understory trees and five shrubs for every 40 feet of facade length. The remainder of the planting area shall be landscaped with groundcover or other landscape treatment. A minimum-ten-foot-wide landscape strip is required where four or more rows of parking spaces abut; one canopy tree, one understory tree and three shrubs must be planted for every 100 feet in length.

         (h)    Minimum-eight-foot-wide sidewalks.

         (i)   Flex office space.

         (j)   Parking garages must be provided for all units. An additional 0.25 spaces per dwelling unit for guests, provided either on-street internal to the development or in an off-street parking lot. A minimum of one electric vehicle charging station must be provided for a development requiring more than 50 parking spaces. The charging station shall serve two parking spaces.

      (12)   Enhanced architectural standards are required to be integrated into the building form to break up large building mass and long walls. Architectural features shall be displayed on all sides of a building, incorporating a base, middle and top to maintain pedestrian scale. The building mass shall be proportionate to the site, streets, open space, and surrounding developments.

         (a)   Buildings shall include a minimum of three architectural elements on facades fronting a right-of-way, and two elements on other facades. Architectural elements shall include, but not be limited to, porticos, balconies, columns, awnings, canopies, recessed/projected access.

         (b)   Integrated ornamental and structural building articulation, including protections and recesses with a minimum depth of 24 inches.

         (c)   Varied roof line and form, stepped or decorative parapets, cornices and eaves, and belt courses must be utilized in the building design.

         (d)   Building facades shall have a minimum of 30% fenestration elements (windows, doors and openings). Windows and doors shall include surrounds, casing or headers.

         (e)   Building materials and finishes shall be consistent on all facades. High quality materials and finishes, such as brick, stone, vertical board or batten siding, shall be used; stucco finish is only acceptable for a maximum of 40% of the building facades; EIFIS shall not be used as a primary material. Prohibited materials include unfinished concrete or block, corrugated fiberglass or metal, sheet or tin siding.

         (f)   Light fixtures shall be consistent throughout the development and shall complement the building architecture. Light fixtures shall be decorative with concealed light sources, and light poles shall have fluted bases. The use of illuminated bollards in lieu of poles is encouraged in exclusively pedestrian areas.

         (g)   Accessory structures not designed or incorporated as part of the principal building or as part of the amenities listed in this section are prohibited.

      (13)   Transportation demand management standards apply, including, but not limited to, strategies to reduce trips and parking demand, pedestrian-oriented design elements, bicycle facilities, pay to park, or other fees based on demand.

      (14)   Elements utilized to satisfy amenities required within multi-family developments listed in this section shall not be credited as satisfying other design requirements or standards.

(Ord. 241, passed 11-27-85; Am. Ord. 773, passed 11-2-95; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1282, passed 3-6-08; Am. Ord. 1685, passed 6-29-23; Am. Ord. 1703, passed 6-20-24) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and stabilize those limited areas within the city that are appropriate for a mobile home subdivision for single-family occupancy. Mobile home sites may be offered for sale, lease, or both, for residential purposes only. Areas of the city for which this zoning category is appropriate are designated on the comprehensive plan as medium-density.

   (B)   Permitted and conditional uses. Unless otherwise permitted by this chapter, no building or land in the RM District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. The uses listed as conditional are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Only one single-family mobile home shall be allowed to be placed on each designated parcel or lot.

         (b)   Screened porches or cabanas are allowed but must be attached to the mobile home.

         (c)   Attached carports with utility or storage areas.

      (2)   Conditional uses:

         (a)   Office for on-site sales and rentals.

         (b)   Community services and facilities.

   (C)   Site development standards. The following minimum standards are hereby established to maintain the purpose of the district, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare.

      (1)   Each mobile home subdivision shall have a minimum of 10% of its total area (defined as the perimeters of real property included within the plotted subdivision) set aside for recreation purposes. That area may have a swimming pool, recreational building, and recreational structures thereon.

      (2)   Maximum building height, 35 feet.

      (3)   Mobile residence space: Each mobile home parcel or space sold or leased shall not be less than 5,000 square feet, with an average front of 50 feet.

      (4)   Minimum setbacks.

         (a)   Front yard, 20 feet.

         (b)   Side yard, a combined setback of 20 feet with a minimum dimension in each yard of eight feet.

         (c)   Rear yard, 15 feet.

   (D)   Additional requirements.

      (1)   All uses must conform to Appendix B of Chapter 155 for off-street parking.

      (2)   All RM developments shall be subject to site plan or subdivision approval in accordance with Chapter 156.

      (3)   Each RM Mobile Home Park shall be not less than 20 acres nor more than 100 acres in size.

      (4)   All mobile homes shall have permanent skirting around the bottom in a manner as to prevent the accumulation of debris from collecting under the mobile home, for the prevention of fire and the protection of health and welfare.

      (5)   Lakefront regulations and requirements are included in § 154.12.

      (6)   School location, regulations and requirements are included in § 154.68.

(Ord. 241, passed 11-27-85; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1647, passed 10-7-21) Penalty, see § 154.999

   (A)   Description of district. The purpose of this district is as follows:

      (1)   To provide for planned residential communities containing a variety of residential structures and a diversity of building arrangements, with complementary and compatible commercial or industrial uses or both; planned commercial centers with complementary and compatible residential or industrial uses or both; or planned industrial parks with complementary and compatible residential or commercial uses or both, developed in accordance with an approved final development plan.

      (2)   To allow diversification of uses, structures, and open spaces in a manner compatible with existing and permitted land uses on abutting properties.

      (3)   To reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of other zoning districts.

      (4)   To insure that development will occur according to the limitations of use, design, density, coverage, and phasing stipulated on an approved final development plan.

      (5)   To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.

      (6)   To encourage an increase in the amount of usable open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional subdivision practices.

      (7)   To provide the maximum opportunity for the application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping, and working environments on properties of adequate size, shape, and location.

   (B)   Permitted uses. The following uses shall be permitted in the Planned Unit Development District if designated on an approved final development plan.

      (1)   Planned residential communities: complementary and compatible commercial uses may be included if they are compatibly and harmoniously designed into the total residential community within a Planned Unit Development District.

      (2)   Planned commercial center: complementary and compatible residential and industrial uses may be included if properly designed into the total commercial center within a Planned Unit Development District.

      (3)   Planned industrial parks: complementary and compatible residential and commercial uses may be included if properly related to the total industrial park within a Planned Unit Development District.

      (4)   Any other private, public, or semi-public use complementary to, and compatible with, planned residential, commercial, or industrial developments.

   (C)   Site development standards.

      (1)   For properties having a DDD (Downtown Development District) future land use designation, the minimum area for a PUD shall be two acres above the ordinary high water elevation. For all other properties, the minimum area for a PUD shall be five acres above the ordinary high water elevation.

      (2)   Site development standards shall be established for Planned Unit Developments in order to insure adequate levels of light, air, and density to maintain and enhance locally recognized values of community appearance and design, to promote functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, to provide for the orderly phasing of development, and to otherwise protect the public health, environment, safety, and general welfare.

      (3)   The applicant shall propose, and the Planning and Zoning Board shall recommend, maximum residential densities and maximum height limitations to the City Commission. The Board may adopt the recommendation, or make changes or amendments as it deems proper. Types of residential construction and densities may be intermixed, so long as the gross density conforms to the comprehensive plan.

      (4)   The criteria for establishing the residential density and height of structures shall include:

         (a)   Compatibility with other zoning districts in the vicinity of subject property, and with adopted city development plans and policies.

         (b)   The preservation of natural features and environmental assets of the site.

         (c)   The provision of landscaped common open spaces for the leisure and recreational use of the occupants.

         (d)   The adequacy of public roads, utilities, public services, and facilities required to serve the development.

         (e)   For residential development, the Planned Unit Development shall not exceed the density of the Future Land Use (FLU) designation of the subject property.

            1.   For the purposes of the Planned unit Development, the net residential acreage shall include all land above the 100- year flood plain that is devoted to one particular residential use and its accessory recreational uses.

            2.   The net residential acreage does not include general development circulation, major recreation areas, or retention areas.

      (5)   For nonresidential development, the Planned Unit Development shall comply with the maximum impervious ratio or other measure of intensity allowed for the future land use designation of the subject property, in accordance with the City of Lake Mary Comprehensive Plan.

      (6)   The following site development standards shall apply, unless specifically waived by finding of the Planning and Zoning Board and the City Commission that the unique characteristics of the development in question make unnecessary the application of one or more of these provisions in order to carry out the intent and purposes of the Planned Unit Development District:

         (a)   The natural topography, soils, and vegetation should be preserved and utilized, where possible, through the careful location and design of circulation ways, buildings and structures, parking areas, recreation areas, open space, and drainage facilities.

         (b)   Landscaping shall conform to Chapter 157 unless the final development plan is otherwise approved.

         (c)   Open space and recreation space shall be provided and should be adequate in size and location to serve the residents of the planned unit development.

         (d)   The proposed location and arrangement of structures should not be detrimental to existing or prospective adjacent land uses, or to the existing or prospective development of the neighborhood. Established minimum floor elevations shall be observed. Lighting, access points, or activities resulting in high noise levels, which adversely affect abutting property, shall be prohibited.

         (e)   Streets to be dedicated to the public shall be designed and improved in accordance with Chapter 155, Appendix A.

            1.   Streets and driveways shall be constructed in accordance with adopted road construction specifications, and designed to provide for the free movement and safety of vehicular traffic, and to provide safe, efficient, and convenient access to land uses within the development and to roadways adjacent to the development.

            2.   The local, collector, and arterial street system must provide adequate access to the development, and properly accommodate traffic generated by the development.

            3.   Local streets shall provide access within the Planned Unit Development in a manner that will discourage through traffic and provide for convenient accessibility to parking areas serving each group of units. Local streets shall be so located that future urban development will not require their conversion to arterial routes.

            4.   Collector and arterial streets shall be free of backing movements from adjoining parking areas.

         (f)   Parking and loading facilities requirements for residential, commercial, and industrial uses shall be based on Appendix B of Chapter 155. Entrances to parking areas shall be easily accessible and identifiable from local streets and drives, and shall not interfere with traffic movement on adjoining streets. Public rights-of-way shall not be improved as parking areas. Grassed parking areas may be permitted where frequency of use does not destroy ground cover.

         (g)   Wherever practical, vehicular and pedestrian passageways shall be separated. A system of walkways and bicycle paths between buildings, common open spaces, recreation areas, community facilities, and parking areas shall be distinctively designed and adequately lighted where appropriate for nighttime use.

         (h)   Central water systems, sewerage systems, storm water management systems, utility lines, and easements shall be provided in accordance with the appropriate regulations.

         (i)   All land shown on the final development plan as common open space, private parks, and recreation facilities shall be subject to deed restrictions which insure the payment of future taxes and the maintenance of areas and facilities for a safe, healthful, and attractive living environment.

   (D)   Approval procedure. The procedure for obtaining approval of a Planned Unit Development shall be a two-step process as follows:

      (1)   Step 1.

         (a)   The applicant shall meet with staff in a preapplication conference. The purpose of the preapplication conference is for both staff and the applicant to review the proposed PUD and discuss the review process.

         (b)   The applicant shall submit the required number of copies of a preliminary development plan, supporting material, and fees as prescribed by the City Commission. Staff shall schedule the Preliminary PUD for a meeting with the Development Review Committee.

         (c)   The Development Review Committee shall meet on the proposed preliminary development plan, and make a written recommendation to the Planning and Zoning Board. A copy of the recommendation shall be sent to the applicant prior to the review scheduled by the Planning and Zoning Board.

         (d)   Upon receipt of the written recommendation, the Planning and Zoning Board shall review the application, hold a public hearing in accordance with the provisions of this chapter, and submit its recommendation to the City Commission for official action.

      (2)   Step 2.

         (a)   The applicant shall submit the required number of copies of a final development plan, supporting materials, fees as prescribed by the City Commission, and a preliminary subdivision plat if required. The final development plan may cover all or a portion of the approved preliminary development plan. The applicant shall schedule a meeting with the Development Review Committee.

         (b)   The Development Review Committee shall review the final development plan and submit a written recommendation to the City Commission. A copy of the recommendation shall be sent to the applicant prior to the review scheduled by the City Commission.

         (c)   The City Commission shall review the final development plan at a regularly scheduled public meeting. If two or more parcels are proposed to be created, the property shall be platted under the subdivision regulations in Chapter 155. Review under the subdivision regulations may be carried out simultaneously with, or subsequent to, review of the final development plan. It is recommended that the applicant concurrently file the final development plan and the preliminary plat.

         (d)   The City Commission shall find the following:

            1.   That there is substantial compliance with the purpose of the Planned Unit Development District and the preliminary development plan.

            2.   That the phase of development in question can exist as an independent unit capable of creating an environment of substantial desirability and stability.

            3.   That existing or proposed utility services and transportation systems are adequate for the population densities proposed.

            4.   That the preliminary engineering plans as required by the City Engineer have been approved.

         (e)   The Community Development Director shall approve all land use permits for buildings and structures in the area covered by the approved final development plan if they are in conformity with the approved plan and with all other applicable ordinances and regulations.

         (f)   The Community Development Director shall determine that all open space improvements have been provided in accordance with the approved final development plan prior to final acceptance of the last building or structure covered by the approved final development plan.

   (E)   Preliminary development plan. The preliminary development plan, consisting of properly identified exhibits and supporting materials, shall clearly indicate the following:

      (1)   The name, location, legal description, acreage, and type of planned unit development.

      (2)   The existing land use and the proposed development by phase of construction, identifying for each phase and for the total development the proposed use, the number of permanent or transient dwelling units or the floor area of commercial or industrial use, the gross density, and the density by number of dwelling units per net residential acre, for each residential category and area, or the ratio of commercial or industrial floor area to the gross acreage reserved for those uses.

      (3)   The existing topography and other natural features including lakes, marshes or swamps, water courses (U.S. Geological Survey map acceptable), and soils, and a general description of the vegetation.

      (4)   The maximum height of buildings and structures requested.

      (5)   The priority and phasing of the development and the manner in which each phase of development can exist as an independent unit capable of creating an environment of sustained desirability and stability.

      (6)   The location of collector and arterial streets and highways proposed in the development, the general location of access points to abutting arterial streets and highways, and projected traffic generation.

      (7)   The proposed method of providing for all necessary road improvements, sewerage systems, water supply, storm water management systems, and fire protection.

      (8)   The proposed location of public uses, schools, open space, and recreation spaces.

      (9)   Identification of the present ownership and the developers of all land included in the development.

      (10)   Identification of consultants involved in plan preparation.

   (F)   Final development plan. The final development plan, consisting of properly identified exhibits and supporting materials, shall contain not less than 30% engineering details and shall include the following:

      (1)   The preliminary subdivision plan, if the applicant proposes to create two or more parcels.

      (2)   A location map showing the relationship between the area proposed for the development, the remainder of the area within the approved preliminary development plan, and the surrounding area.

      (3)   The legal description and gross acreage of the area submitted for final approval.

      (4)   A plot plan with scale dimensions.

      (5)   The name, location, width, and design of existing streets, including abutting arterial highways, within 200 feet of the property in question.

      (6)   The names, locations, right-of-way widths, and width of pavements of proposed streets, easements, pedestrian ways, bicycle paths, and water courses.

      (7)   The locations, dimensions, design elevations or renderings, and uses of all buildings and structures, including proposed property lines, utilities, plants, and permanent signs.

      (8)   The proposed use; the number of permanent or transient dwelling units, or the floor area of commercial or industrial use; the gross density; the density by number of dwelling units per net residential acre, or commercial or industrial floor area ratio; the setbacks and building separations; the maximum lot coverage; and the height of structures.

      (9)   The open space, recreation space, and private outdoor living area.

      (10)   A landscaping and tree planting plan.

      (11)   The open and covered off-street parking areas, indicating landscaping and external lighting systems.

      (12)   The distance of dwelling units from vehicular accessways and parking areas.

      (13)   The walls, fencing, or landscaping, where required, between private and common areas, along streets or highways, drainage ways, railroads, and along the periphery of the development.

      (14)   Any refuse storage areas and methods of solid waste disposal.

      (15)   The treatment of street lighting, external lighting, and roof-mounted equipment.

      (16)   The preliminary engineering plans for the provision of roads, water, fire protection, sewerage, and storm water management systems for the entire planned development.

      (17)   An environmental impact report.

      (18)   Any covenants, conditions, restrictions, agreements, and grants which govern the use, maintenance, and continued protection of buildings, structures, and landscaping within the Planned Unit Development.

      (19)   Any areas to be conveyed or dedicated, and improved for roadways, parks, parkways, playgrounds, school sites, utilities, public buildings, and other similar public and public service uses. Improvement bonds for facilities to be owned and maintained by the city shall be posted before the issuance of building permits. Before final acceptance of the Planned Unit Development as outlined in division (H) below, all instruments of dedication shall be submitted and accepted.

      (20)   The identification of the present ownership, and the developers of all land included in the development.

      (21)   The identification of consultants involved in plan preparation.

   (G)   Alterations to preliminary or final development plans.

      (1)   Substantial proposed changes in requested uses, densities, phasing, or other specifications of the preliminary development plan may be permitted only following public hearing by the Planning and Zoning Board.

      (2)   Substantial proposed changes in requested uses, density, phasing, or other specifications of the final development plan may be permitted following review by the Development Review Committee and approval by the City Commission.

   (H)   Control of development following completion.

      (1)   Upon the completion of the final development plan or any phase thereof, the Community Development Director shall certify the completion on the official zoning map.

      (2)   After that certification, the use of land and the construction, modification, or alteration of any buildings or structures within the planned development will be in accordance with the approved final development plan, rather than with other provisions of the zoning regulations.

      (3)   After certification, no changes may be made in the approved final development plan except under the procedures provided below:

         (a)   If any minor extensions, alterations, or modifications of existing buildings, structures, or utilities are consistent with the purposes and intent of the final development plan, they may be authorized by the Community Development Director.

         (b)   Any uses not authorized by the final development plan may be added to the final development plan if approved by the City Commission, which shall hold a public hearing.

         (c)   A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under the provisions of this chapter.

   (I)   Approval expiration.

      (1)   If a final development plan for all or part of the preliminary development plan has not been submitted within 12 months following the approval of the preliminary development plan, the City Commission may review the preliminary development plan and changing conditions, and determine whether the approved uses are still appropriate. Following this review, the City Commission may take the following action:

         (a)   If there have been no significant changes in the surrounding area, the City Commission may extend the approval for another 12 months.

         (b)   If significant changes have occurred in the area that make the approved uses inappropriate, the City Commission may, after formal public hearing and recommendations of the Planning and Zoning Board:

            1.   Revise the preliminary development plan; or

            2.   Change the zoning classification to a more appropriate district.

      (2)   Actual construction must begin on an approved final development plan within 12 months of approval. If actual construction has not begun, the final development plan must be re-submitted for review in accordance with division (D)(2) above, before any building permits shall be issued.

(Ord. 241, passed 11-27-85; Am. Ord. 581, passed 1-16-92; Am. Ord. 1213, passed 9-21-06; Am. Ord. 1443, passed 10-20-11) Penalty, see § 154.999

   (A)   Description of district.

      (1)   This district is established in order to identify and provide for geographic areas within the city that are appropriate for the development and maintenance of an office-oriented environment. The purpose of this district is to provide professional services at the neighborhood and community level. It is often located in areas undergoing transition from residential uses. The PO District is designed to be compatible with residential uses.

      (2)   Certain limited commercial uses are permitted as conditional uses in demonstrated support of office uses. Areas of the city for which this zoning category is appropriate are designated on the land use map of the comprehensive plan as commercial, industrial, or the downtown district.

   (B)   Permitted and conditional uses. No building or land in the PO District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. Conditional uses are permitted only after approval, in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Professional offices offering consulting services, such as architects, attorneys, engineers, accountants, doctors, dentists, and the like.

         (b)   Real estate offices.

         (c)   Financial institutions without drive-in facilities.

         (d)   Churches.

         (e)   Other uses which are similar or compatible and which promote these intents and purposes.

      (2)   Conditional uses:

         (a)   Pharmacies.

         (b)   Child care centers.

         (c)   Community services and facilities.

         (d)   Living quarters in conjunction with PO use.

         (e)   Clinics that do not include overnight treatment or housing of patients.

         (f)   Any permitted use requiring a structure exceeding the maximum allowable building height.

         (g)   Parking garages.

         (h)   Instructional studios.

   (C)   Site development standards. All PO land uses are subject to site plan approval in accordance with Chapter 156. The following standards are also hereby established to maintain the purpose of the district, to promote the functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare:

      (1)   Access requirements must comply with Chapter 155, Appendix A, Street System Requirements.

      (2)   Minimum setbacks and buffers shall conform to Chapter 157, but in no case shall the minimum building setback be less than 25 feet from any property line or right-of-way.

      (3)   Maximum building height:

         (a)   30 feet when adjacent to single family residential property.

         (b)   40 feet when not adjacent to single family residential property.

   (D)   Off-street parking. Off-street parking shall be provided in accordance with Chapter 155.

   (E)   Additional requirements.

      (1)   All PO uses must conform to applicable setback, landscape, and buffer requirements.

      (2)   Lakefront regulations are included in § 154.12.

      (3)   School location, regulations and requirements are included in § 154.68.

(Ord. 241, passed 11-27-85; Am. Ord. 594, passed 3-5-92; Am. Ord. 773, passed 11-2-95; Am. Ord. 848, passed 8-14-97; Am. Ord. 990, passed 8-3-00; Am. Ord. 1120, passed 3-4-04; Am. Ord. 1219, passed 11-2-06) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and provide those geographic areas within the city that are appropriate for the development and maintenance of a general commercial district. The purpose of this district is to provide for a wide variety of consumer-oriented commercial uses and activities located in relative proximity to major thoroughfares and to residential concentrations. Areas of the city for which this zoning category is appropriate are designated on the land use plan as commercial or the downtown district.

   (B)   Permitted and conditional uses. No building or land in the C-1 District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. Conditional uses are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Any use permitted in the PO District.

         (b)   General office uses.

         (c)   Theaters, but not drive-in theaters.

         (d)   Restaurants, delicatessens and establishments for the retail sales of prepared foods including establishments which serve alcohol for the consumption on premises, but not drive-in restaurants.

         (e)   Retail sales establishments, such as bakeries, hardware stores, florists, gift shops, department stores, drug stores, and other similar businesses except for outdoor sales and flea markets.

         (f)   Child care centers.

         (g)   Dry cleaners with no on-site processing.

         (h)   Personal service establishments.

         (i)   Banks and financial institutions with drive-in facilities.

         (j)   Adult congregate living facilities.

         (k)   Instructional studios.

      (2)   Conditional uses:

         (a)   Shopping centers under 75,000 square feet.

         (b)   Nursing homes.

         (c)   Animal hospitals or veterinary clinics.

         (d)   Community services and facilities.

         (e)   Any permitted use requiring a structure exceeding the maximum allowable building height.

         (f)   Post offices.

         (g)   Restaurants, delicatessens and establishments primarily for the retail sales of prepared foods and which serve alcohol as an incident to the sale of prepared foods for consumption on premises, adjacent to residential zoning.

         (h)   Health clubs.

         (i)   Pharmacies with drive-in business.

         (j)   Funeral home. Funeral homes shall provide sufficient on-site parking, staging areas and/or service drives in order to accommodate parking and staging of funeral processions. Streets and public right-of-ways shall not be used for parking or to form funeral processions.

   (C)   Site development standards. All C-1 land uses are subject to site plan approval in accordance with Chapter 156. The following standards are also hereby established to maintain the purpose of the district, to promote the functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare.

      (1)   Access requirements must comply with Chapter 155, Appendix A, Street System Requirements.

      (2)   Minimum setbacks. Minimum setbacks and buffers shall conform to Chapter 157 of this code, but in no case shall the minimum building setback be less than 25 feet from any property line or right-of-way.

      (3)   Maximum building height:

         (a)   30 feet when adjacent to single family residential property.

         (b)   40 feet when not adjacent to single family residential property.

   (D)   Off-street parking. Off-street parking shall be provided in accordance with Appendix B of Chapter 155.

   (E)   Additional requirements.

      (1)   All C-1 uses must conform to applicable setback, landscape, and buffer requirements in Chapter 157 of this code.

      (2)   Lakefront and other development regulations are included in division (E)(1) above.

      (3)   School location, regulations and requirements are included in § 154.68.

(Ord. 241, passed 11-27-85; Am. Ord. 364, passed 4-7-88; Am. Ord. 422, passed 4-6-89; Am. Ord. 529, passed 12-6-90; Am. Ord. 594, passed 3-5-92; Am. Ord. 773, passed 11-2-95; Am. Ord. 783, passed 3-21-96; Am. Ord. 848, passed 8-14-97; Am. Ord. 940, passed 8-26-99; Am. Ord. 1120, passed 3-4-04; Am. Ord. 1219, passed 11-2-06) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and provide those geographic areas within the city that are appropriate for the development and maintenance of higher intensity commercial uses. The term "higher intensity" relates to large retail outlets as well as uses that generate or capture large volumes of traffic or operate beyond normal business hours as compared to uses in the C-1 (General Commercial) District. The purpose of this district is to provide areas for intense commercial uses and activities located in relative proximity to major thoroughfares but adequately distanced from residential concentrations. Single family residential districts shall be buffered from this district by C-1, PO, or multi-family zoning districts. Areas of the city which may be appropriate for this category are designated on the land use plan as commercial office.

   (B)   Permitted and conditional uses. No building or land in the C-2 District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. Conditional uses are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Any use permitted in the C-1 District.

         (b)   Drive-through businesses.

            1.   Restaurants; and

            2.   Film developing.

         (c)   Shopping centers.

         (d)   Convenience stores

         (e)   Automobile service stations.

         (f)   Bars, cocktail lounges.

         (g)   Animal hospitals or veterinary clinics with or without outside kennels.

         (h)   Adult congregate living facilities.

         (i)   Nursing homes.

         (j)   Package stores or liquor stores.

         (k)   Hotels or motels. Bars, lounges and restaurants which serve alcohol shall be considered accessory uses.

         (l)   Sales of second hand merchandise, antiques or pawn shops, but not flea markets.

         (m)   Catalog showrooms.

         (n)   Community services and facilities.

         (o)   Marinas.

         (p)   Private retail and recreational facilities.

            1.   Bowling alleys;

            2.   Miniature golf;

            3.   Gymnasiums; and

            4.   Stadiums, arenas or amphitheaters.

         (q)   Auto repairs.

         (r)   Home improvement stores/building supply stores with outside storage.

         (s)   Hospitals.

         (t)   Restaurants which serve alcohol for consumption on premises.

         (u)   Instructional studios.

      (2)   Conditional uses:

         (a)   Funeral home. Funeral homes shall provide sufficient on-site parking, staging areas and/or service drives in order to accommodate parking and staging of funeral processions. Streets and public right-of-ways shall not be used for parking or to form funeral processions.

         (b)   Any permitted use requiring a structure exceeding the maximum allowable building height.

         (c)    Parking garages.

   (C)   Site development standards. All C-2 land uses are subject to site plan approval in accordance with Chapter 156. The following standards are also hereby established to maintain the purpose of the district, to promote the functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare:

      (1)   Access requirements must comply with Chapter 155, Appendix A, Street System Requirements.

      (2)   Minimum setbacks. Minimum setbacks and buffers shall conform to Chapter 157 of this code, but in no case shall the minimum building setback be less than 25 feet from any property line or right-of-way.

      (3)   Maximum building height, 40 feet.

   (D)   Off-street parking. Off-street parking shall be provided in accordance with Appendix B of Chapter 155.

   (E)   Additional requirements.

      (1)   All C-2 uses must conform to applicable setback, landscape, and buffer requirements in Chapter 157 of this code.

      (2)   Lakefront and other development regulations are included in division (E)(1) above.

      (3)   School location, regulations and requirements are included in § 154.68.

(Ord. 529, passed 12-6-90; Am. Ord. 594, passed 3-5-92; Am. Ord. 773, passed 11-2-95; Am. Ord. 848, passed 8-14-97; Am. Ord. 940, passed 8-26- 99; Am. Ord. 990, passed 8-3-00; Am. Ord. 1120, passed 3-4-04; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1703, passed 6-20-24) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and provide those geographic areas within the city that are appropriate for the development and maintenance of a light industrial, office, manufacturing, and warehousing environment. The purpose of this district is to provide primarily for compatible wholesale, distribution, and light manufacturing options, none of which require large areas for outdoor storage or display, and that do not involve the use of materials, processes, or machinery likely to cause undesirable effects upon neighboring properties. Areas of the city for which this zoning category is appropriate are indicated on the land use map as industrial.

   (B)   Permitted and conditional uses. No building or land in the M-1A District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. Conditional uses are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Any use permitted in the PO District.

         (b)   Manufacturing and assembly of:

            1.   Electronics, scientific, optical products

            2.   Automotive, vehicle parts

            3.   Construction products

            4.   Machinery

            5.   Aircraft and aircraft parts

            6.   Plastics

            7.   Food products

            8.   Fasteners/spacers

            9.   Other manufacturing uses listed in the City of Lake Mary Economic Development Incentive Policy.

         (c)   Warehouses, storage, and wholesaling buildings.

         (d)   Restaurants and family restaurants, but not drive-ins.

         (e)   Motion picture, radio broadcasting and telecasting station studios and offices.

         (f)   Wholesale and commercial bakeries.

         (g)   High technology uses:

            1.   Research and development laboratories

            2.   Space technology

            3.   Simulation and training

            4.   Laser technology

            5.   Robotics

            6.   Computer software and hardware

            7.   Medical labs

            8.   Testing

         (h)   Distribution uses:

            1.   Food products

            2.   Consumer products

            3.   Restaurant/commissary and portion control

            4.   Air cargo/mail services/delivery services

            5.   Motion picture and television support

            6.   Durable goods

            7.   Nondurable goods

         (i)   Financial services/data centers.

         (j)   Commercial printers and photographic laboratories.

         (k)   Retail manufacturing outlet store.

      (2)   Conditional uses:

         (a)   Hotels and motels.

         (b)   Reserved.

         (c)   Hospitals and nursing homes.

         (d)   Adult congregate living facilities.

         (e)   Reserved.

         (f)   Community services and facilities.

         (g)   Any permitted use requiring a structure exceeding the maximum allowable building height.

         (h)   Reserved.

         (i)   Private and retail recreational facilities.

         (j)   Child care centers.

         (k)   Parking garages

         (l)   Pain management clinic.

            1.   Such uses shall comply with the following criteria:

               a.   No co-location (on the same property) with a pharmacy;

               b.    Minimum separation of 1,000 feet from another pain management clinic, or any pre-existing pharmacy, school (VPK through 12), place of worship, daycare center, assisted living facility, nursing home or residential dwelling unit(s) unless a variance is granted pursuant to § 154.25 of the city's Code of Ordinances;

               c.    Maximum hours of operation shall not exceed 7:00 a.m. to 9:00 p.m. of the same day;

               d.    Shall not restrict payment options to "cash only";

               e.   No outdoor customer seating areas, queues or waiting areas;

               f.   All activities shall be conducted within a building, and adequate indoor waiting areas shall be provided;

               g.   No on-site consumption of alcoholic beverages, including parking areas.

            2.   A business tax receipt issued by the city is required for a pain management clinic to operate. In part, the issuance of a business tax receipt is contingent upon the following:

               a.    Documentation that owner(s) of the pain management clinic is a physician(s) licensed to practice in the State of Florida;

               b.    Documentation that the owner(s), physician(s) and/or clinic employees have not been charged with a disciplinary action and/or convicted of a felony within the last five years.

               c.    Documentation of state registration under F.S. § 458.3265 or § 459.0137, or documents evidencing that the clinic does not need to register with the state.

            3.    Noncompliance with the provisions of § 154.65(B)(2)(l)2.a. through c. above is grounds for the city to deny a request for the issuance of a business tax receipt and the revocation of a previously issued business tax receipt.

            4.   This subsection shall not be construed as authorizing a "pill mill" which is prohibited by § 154.120 of the city's Code of Ordinances.

   (C)   Site development standards. All M-1A land uses are subject to site plan approval in accordance with Chapter 156. The following standards are also hereby established to maintain the purpose of the district, to promote the functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare:

      (1)   Minimum site size, one acre.

      (2)   Reserved.

      (3)   Access requirements must comply with Chapter 155, Appendix A, Street System Regulations.

      (4)   Minimum setbacks. Minimum setbacks and buffers shall conform to Chapter 157 of the land development code, but in no case shall a streetside setback be less than 25 feet from the building line. Buildings exceeding two stories must be set back a minimum of 25 feet from all property lines.

      (5)   Maximum building height, 45 feet.

   (D)   Off-street parking. Off-street parking and loading shall be provided in accordance with Appendix B of Chapter 155.

   (E)   Additional requirements.

      (1)   Public utilities must be in accordance with Chapter 155, Appendix D.

      (2)   Lakefront regulations are included in § 154.12.

      (3)   Signs are permitted in accordance with Chapter 155, Appendix I.

      (4)   Mechanical equipment. Mechanical equipment such as air conditioners, ventilation equipment, refrigeration systems, heating units, incinerator units and satellite dishes must be screened so that they are not visible from Lake Emma Road, Emma Oaks Trail or Rinehart Road right-of-way. The point(s) at which visibility shall be determined shall be six feet above the point(s) on the western right-of-way line of Rinehart Road nearest the property line of the subject site. The screen shall consist of a solid wall, parapet or other similar screening material which is architecturally compatible and consistent with the associated building. If landscaping is utilized as a screen, the planting(s) must be high enough within one year of planting to provide a screen which will screen the entire unit with a minimum of 75% opacity.

      (5)   School location, regulations and requirements are included in § 154.68.

(Ord. 241, passed 11-27-85; Am. Ord. 422, passed 4-6-89; Am. Ord. 529, passed 12-6-90; Am. Ord. 594, passed 3-5-92; Am. Ord. 799, passed 9-5-96; Am. Ord. 869, passed 2-19-98; Am. Ord. 931, passed 6-3-99; Am. Ord. 990, passed 8-3-00; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1475, passed 12-20-12) Penalty, see § 154.999

   (A)   Description of district. This district is established in order to identify and provide those geographic areas within the city that are appropriate for the development and maintenance of industrial, manufacturing, warehousing and office environment. The purpose of this district is to provide primarily for compatible wholesale, distribution, and manufacturing options. This district permits industrial uses which are more intense than the M-1A District. Residential districts shall be buffered from this district by less intense zoning districts such as M-1A (light industrial), C-1 (General Commercial), or PO (Professional Office). Areas for which this category may be appropriate are designated on the land use plan as industrial.

   (B)   Permitted and conditional uses. No building or land in the M-2A District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. Conditional uses are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Any use permitted in the M-1A District.

         (b)   Flea markets.

         (c)   Drive-in theaters.

         (d)   Exterminator and pest control fleet yards.

         (e)   Auto repairs.

         (f)   Hospitals and nursing homes.

         (g)   Adult entertainment establishments:

            1.   Adult performance establishments

            2.   Adult theaters

            3.   Adult bookstores

            4.   Adult massage establishments

            5.   Adult motels

         (h)   Cold/freezer storage and distribution centers.

         (i)   Clothing and garment manufacturing.

         (j)   Mechanical garages.

         (k)   Dry cleaning facilities.

         (l)   Community services and facilities.

         (m)   Recreational vehicle parks/vehicle storage yards.

         (n)   Mobile home sales.

         (o)   Material storage indoor and outdoor.

         (p)   Mini-warehouses/personal storage facilities.

         (q)   Retail manufacturing outlet store.

      (2)   Conditional uses:

         (a)   Any permitted use requiring a structure exceeding the maximum allowable building height.

         (b)   Private and retail recreational facilities.

         (c)   Any use not previously listed as a permitted or conditional use within this chapter.

         (d)   Crematoriums and funeral homes. Such uses shall provide sufficient on-site parking, staging areas and/or service drives in order to accommodate parking and staging of funeral processions. Streets and public right-of-ways shall not be used for parking or to form funeral processions.

         (e)   Contractors construction and storage yards.

         (f)   New and used vehicle sales.

         (g)   Parking garages.

         (h)   Pain management clinic.

            1.   Such uses shall comply with the following criteria:

               a.   No co-location (on the same property) with a pharmacy;

               b.    Minimum separation of 1,000 feet from another pain management clinic, or any pre-existing pharmacy, school (VPK through 12), place of worship, daycare center, assisted living facility, nursing home or residential dwelling unit(s) unless a variance is granted pursuant to § 154.25 of the city's Code of Ordinances;

               c.    Maximum hours of operation shall not exceed 7:00 a.m. to 9:00 p.m. of the same day;

               d.    Shall not restrict payment options to "cash only";

               e.   No outdoor customer seating areas, queues or waiting areas;

               f.   All activities shall be conducted within a building, and adequate indoor waiting areas shall be provided;

               g.   No on-site consumption of alcoholic beverages, including parking areas.

            2.   A business tax receipt issued by the City of Lake Mary is required for a pain management clinic to operate. In part, the issuance of a business tax receipt is contingent upon the following:

               a.    Documentation that owner(s) of the pain management clinic is a physician(s) licensed to practice in the State of Florida;

               b.    Documentation that the owner(s), physician(s) and/or clinic employees have not been charged with a disciplinary action and/or convicted of a felony within the last five years.

               c.    Documentation of state registration under F.S. § 458.3265 or § 459.0137. or documents evidencing that the clinic does not need to register with the state.

            3.    Noncompliance with the provisions of § 154.66(B)(2)(h)2.a. through c. above is grounds for the city to deny a request for the issuance of a business tax receipt and the revocation of a previously issued business tax receipt.

            4.    This subsection shall not be construed as authorizing a "pill mill" which is prohibited by § 154.120 of the city's Code of Ordinances.

   (C)   Site development standards. All M-2A land uses are subject to site plan approval in accordance with Chapter 156. The following standards are also hereby established to maintain the purpose of the district, to promote the functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare:

      (1)   Minimum site size, one acre.

      (2)   Reserved.

      (3)   Access requirements must comply with Chapter 155, Appendix A, Street System Regulations.

      (4)   Minimum setbacks.

         (a)   Minimum setbacks and buffers shall conform to Chapter 157 of the land development code, but in no case shall a streetside setback be less than 25 feet from the building line. Buildings exceeding two stories must be set back a minimum of 25 feet from all property lines.

         (b)   Personal storage facilities/mini-warehouses. The minimum setback between buildings shall be 25 feet.

         (c)   Minimum separation of an M-2A zoning district from any property which is zoned as residential within the city or Seminole County or designated as residential on the future land use maps of city or county jurisdiction or both is 1000 feet. The distance shall be measured by drawing a straight line between the closest property lines or boundaries of the area zoned or proposed to be zoned M-2A and the area which is zoned residential within the city or unincorporated Seminole County or designated as residential on the city's or Seminole County's Future Land Use Map.

      (5)   Maximum building height, 60 feet.

   (D)   Off-street parking. Off-street parking and loading shall be provided in accordance with Appendix B of Chapter 155.

   (E)   Additional requirements.

      (1)   Public utilities must be in accordance with Chapter 155, Appendix D.

      (2)   Lakefront regulations are included in § 154.12.

      (3)   All aisles not serving storage spaces in personal storage facilities/ mini-warehouse uses shall meet a minimum required aisle width of 24 feet.

      (4)   Signs are permitted in accordance with Chapter 155, Appendix I.

      (5)   Adult entertainment establishments shall meet all requirements of this chapter and Chapter 115.

      (6)   School location, regulations and requirements are included in § 154.68.

(Ord. 529, passed 12-6-90; Am. Ord. 594, passed 3-5-92; Am. Ord. 762, passed 8-24-95; Am. Ord. 799, passed 9-5-96; Am. Ord. 869, passed 2-19-98; Am. Ord. 940, passed 8-26-99; Am. Ord. 990, passed 8-3-00; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1475, passed 12-20-12) Penalty, see § 154.999

   (A)   Establishment. This district is established in order to identify and provide the geographic areas within the designated Downtown Area that are appropriate for development and maintenance of office, retail, and residential uses and establish development standards for such development within the District. To the extent that the development standards for the Downtown Centre Zoning District expressly conflict with the existing land development regulations, the Downtown Centre standards shall govern all development and redevelopment in the zoning district. Property within the area described in division (C) shall be subject to all the provisions herein contained. Property within the designated downtown area may petition for vested rights determination under Chapter 155 Appendix H, seeking exemption from the provisions of this section.

   (B)   Purpose. The purpose of the establishment of the Downtown Centre District is to assist development within the designated region in a manner which:

      (1)   Encourages revitalization of the historic town center;

      (2)   Unifies the old and new sections of the city with a defined geographic center;

      (3)   Preserves and strengthens "small town" development in the historic town center;

      (4)   Reduces impediments to downtown development associated with the site constraints of small parcels;

      (5)   Preserves the historic and natural features of the area to the extent practicable;

      (6)   Maintains and enhances property values; and

      (7)   Recognizes and makes allowances for existing uses and buildings.

   (C)   Description of district. The Downtown Centre District (shown in Map 1) is generally described as lying north of Lake Mary Boulevard, south of Alma Avenue and Old Lake Mary Road, east of Fourth Street and west of the City of Sanford corporate limits. The objective in delineating this district is to provide a focal point for economic development in the downtown area.

   (D)   The use of individual parcels shall comply with the adopted Downtown Master Plan (DMP) (shown in Map 4) to the extent practical and as may be amended from time to time.

   (E)   Uses.

      (1)   Permitted uses:

 

      (2)   Conditional Uses:

 

** School location, regulations and requirements are included in § 154.68.

   (F)   District wide development standards. The district wide development standards shall apply to all development within the area designated as the downtown. When there are conflicts between the requirements listed in the district wide development standards and requirements identified in specific districts within the downtown, the requirement of the specific districts shall take precedence.

      (1)   General standards.

         (a)   The following regulations shall apply to development and redevelopment in the Downtown Centre Zoning District. For purposes of development standards, projects involving a shopping center, single building or multiple buildings with the same owner(s) in excess of 30,000 square feet shall be reviewed as a Conditional Use. All conditional use and site plan review petitions within the Downtown Centre Zoning District shall be reviewed by the Planning and Zoning Board and City Commission.

         (b)   As relevant, the provisions of Chapter 155, Subdivision Regulations, shall apply to the division of property, the vacating of existing plats and the recombination of existing lots.

         (c)   These regulations do not relieve a development from meeting all otherwise applicable land development codes. Development standards not specifically addressed by this chapter but specifically addressed in the standard City of Lake Mary Land Development Regulations shall also be applicable to any project application for development or redevelopment within the Downtown Centre Zoning District and if in conflict, the stricter standards shall apply.

      (2)   Setbacks.

         (a)   Fee simple residences.

            1. Front Yard = 10' (If approved by the City Commission, the front yard setback may be reduced to zero feet.

            2.   Side Yard = 0'

            3.   Rear Yard = 20' (*)

            4.   Minimum Lot Width = 21'

            5.   Minimum Lot Area = 2,400

            6.   Minimum Fee Simple Dwelling Unit Size -

               a. Detached Single Family Dwelling = 1,800 Sq Ft

               b.   Townhouse = 1,600 Sq. Ft.

               c.   Duplex = 1,600 Sq. Ft.

         (b)   Nonresidential, condominiums and mixed use developments.

            1.   Front Yard = 10' (If approved by the City Commission, the front yard setback may be reduced to zero feet.

            2.   Side Yard = 0'

            3.   Rear Yard = 20' (*)

*If an entire city downtown block (bounded by east/west and north/south streets) is proposed for townhouse development and proof is submitted that it is held under single ownership and if alleys are vacated, building separation in lieu of rear setback shall be provided addressing life safety codes and at minimum accommodating rear unit parking.

            4.   Minimum Lot Width = 21'

            5.   Minimum Apartment and Condominium Dwelling Unit Size -

               a.   One Bedroom = 750 Sq. Ft.

               b.   Two Bedroom = 1,000 Sq. Ft.

               c.   Three or More Bedrooms = 1,350 Sq. Ft.

         (c)   Setbacks adjacent to existing platted alleys. For all above described residential developments the minimum rear setback shall be ten feet if the property is adjacent to and abutting an existing, platted alley with a minimum width of 20 feet.

         (d)   Front porch. A front porch may extend into the front yard setback a maximum of seven feet.

         (e)   Awning and other similar decorative overhangs may extend up to seven feet into the front setback.

         (f)   All single family detached and townhouse development shall have rear accessed parking from alleys or access tracts. Parking may be designed to be contained within the unit (attached). Detached garages shall be located a minimum of ten feet behind the principal structure. The rear yard setback for a detached garage may be a minimum of 15 feet. The rear yard setback for a detached garage located on property which is adjacent to, and abutting an existing, platted alley with a minimum width of 20 feet may be a minimum of ten feet.

         (g)   Density = up to 18 DU/A(**)

(**) Density in excess of 18 DU/A is permitted when transfer of development right (TDR) and/or density bonus dwelling units are transferred from city owned property to the subject property. Such transfer of density and the maximum density shall be at the discretion of the City Commission on a case-by-case basis and shall comply with the provisions of §§ 154.101 through 154.107.

         (h)   Building height. All townhouses with a northern exposure to Grand Bend Avenue or Lake Mary Avenue shall be a maximum of two stories high. All other uses may be three stories high or 35 feet, whichever is less.

         (i)   Lakefront setbacks. Lakefront setbacks shall be in accordance with § 154.12 and Chapter 160 as applicable.

      (3)   Landscaping and fencing.

         (a)   The landscaping requirements contained in this section shall apply to development and redevelopment of residential and non-residential/mixed use development in this zoning district and shall supersede the regulations contained in Chapter 157.

         (b)   Landscaping (on public rights-of-way). Each residential or commercial/mixed use project shall landscape and maintain public rights-of-way abutting their frontage line in accordance with the following requirements:

         (c)   Planting specification.

            1.   Front: Live Oaks or other canopy trees acceptable to the city shall be planted on the curbside of the sidewalk area along the frontage of the property at an average of one tree every 20 feet on center for development which have residential units on the first floor. Such trees shall be located within the public right-of-wav or along the building frontage at such locations designated in the Downtown Street Landscaping Plan Cross Section Detail.* Tree location must coordinate with on-street parking spaces, architectural feature locations and building entries.

            2.   Landscaping (on building property). In addition to the right-of-wav planting required in division (2) above, each new development or redevelopment project shall be required to provide onsite landscaping via foundation landscaping for front and rear facades which may take the form of container plantings or buffer strips of at least seven feet in width. Plantings in such strips shall be comprised of species and types as outlined in the plant material standards of this section and that are compatible with the streetscape (right-of-way) plantings. Townhouse development shall be required to provide the buffer strip option with a minimum width of seven feet.

            3.   Each residential or commercial/mixed use project shall provide a minimum of one canopy tree and five shrubs per 2,500 square feet of lot area or fraction thereof prior to the issuance of a certificate of occupancy. Projects not able to plant these required plantings on site shall have the option of planting such trees elsewhere in the Downtown Centre Zoning area upon approval of the City Commission or provide the monetary equivalent of such plantings to the City of Lake Mary prior to the issuance of a certificate of occupancy. Such money shall be utilized at the city's discretion within the Downtown Centre area.

         (d)   Quality. Plant materials used in conformance with the provisions of this section shall equal or exceed the Florida No. 1. as given in "Grades and Standards for Nursery Plants." Part I 1963. and Part III State Department of Agriculture, and amendments thereto.

            1.   Minimum size as planting.

               a.   Canopy Trees. Caliper = Three and one-half inches

                  i.   Height = 15 feet

                  ii.   Clear Trunk = Four feet

                  iii.   Crown Spread = Four feet

                  iv.   Canopy trees shall be of a species that shall have a minimum crown spread of 40 feet at maturity.

               b.    Understory trees.

Caliper = One and one-half inches

                  i.   Height = Six feet

                  ii.   Understory trees shall be of a species considered to be ornamental and that produce seasonal flowers or berries.

               c.   Hedge/Shrubs. Height = 18 inches.

                  i.   Plant spacing - minimum 30 inches on center

                  ii.   Shrubs or other plant material used to meet hedge requirements must be of a species that grows to a minimum height of four feet at maturity.

      (e)   Decorative fence. A decorative fence may be furnished for residential projects provided the fence is no taller than four feet measured from grade and the fence does not exceed 50% opacity. Allowable decorative fences shall include picket fences, split rail fences, wrought iron fences, wood lattices fences or brick lattice walls and the like, but shall not include chain link fences or any derivation thereof, board on board stock fences, stucco block or EIFS walls, or wire fences.

      (4)   Stormwater Facilities.

         (a)   Buffers adjacent to public rights-of-wav may not include stormwater retention/detention facilities.

         (b)   The design high water elevation of a stormwater facility shall be no closer than five feet to a side or rear property line unless it is shared by adjoining nonresidential uses. Open dry bottom stormwater facilities shall have a horizontal/vertical side slope ratio of three to one or greater. Open wet bottom stormwater facilities shall have a horizontal/vertical side slope of six to one or greater. The minimum bottom width of a stormwater facility shall be three feet. A minimum three foot wide maintenance berm shall be provided around the perimeter of the stormwater facility. Other stormwater requirements shall be in accordance with Chapter 155, Appendix C.

         (c)   Exfiltration facilities shall also meet the above described setbacks and standards as applicable. With the permission of the City Commission, exfiltration facilities may be placed within city owned rights-of-way or on other city owned properties.

         (d)   Relief from landscaping requirements. At no time shall stormwater facilities located in the buffer area relieve the applicant of meeting the minimum landscaping requirements.

      (5)   Parking Design Standards.

         (a)   Off street parking. Except as contained in this document, all surface parking lots and parking structures shall comply with the relevant provisions of Chapter 155, Appendix B.

         (b)   All off-street parking shall be to the rear of the building and shall comply with the minimum size, per the chart contained in this section.

         (c)   Number of Required Parking Spaces.

            1.   All residential developments shall provide a minimum of two parking spaces per dwelling unit. Parking spaces may be located on site, within the ROW adjacent to the development and/or off-site/off-street.

            2.   There shall be a minimum of three off-street parking spaces for each 1,000 square feet of office, commercial or retail use, which shall be calculated from the net interior area. The net interior area is defined as the enclosed area of a building excluding porches, arcades, balconies and internal common area hallways.

            3.   With documentation of sufficiency acceptable to the city, the required number of parking spaces may be reduced to 75% of the minimum number of required parking spaces. Documentation of sufficiency shall include the type of business being served and evidence of the frequency of parking space demand of other similar businesses, hours of operation, and availability of other parking spaces that may be utilized. Factors supporting sufficiency shall include but not be limited to community parking facility, joint parking agreements. (Minimum # of required parking spaces = 3 x 1,000 SF net floor area x .75 = # of spaces)

         (d)   On-street and off-site-off-street parking spaces proposed to support development shall be located no farther than 200 feet from the subject property.

         (e)   Unless approved by the City Commission, parking spaces within parking lots owned and/or leased by the city shall not be utilized to meet the minimum number of required parking spaces for specific development.

         (f)   Access aisles. The access aisle is defined as the driving surface used for ingress or egress to the site. Minimum access aisle shall be ten feet for one-way traffic and 20 feet for two-way traffic. Parking areas containing less than ten spaces shall not be required to provide two-way access aisles for sites with one point of ingress/egress. Driveways at minimum shall be setback from side property lines two feet.

         (g)   Space requirements at various parking angles for a nine feet by 18 feet parking space. Off-street parking areas shall be so designed as to meet the minimum dimensions shown in the following table:

 

         (h)   Handicapped parking. All handicapped parking stalls and access ways shall meet all applicable Americans with Disabilities Act (ADA) standards and the Florida Accessibility Code. Please refer to Figure 8 for specific details of handicapped parking spaces.

         (i)   On-street parking may be counted towards the minimum number of required parking spaces; however, such parking spaces shall not extend beyond the frontage(s) of the subject property, unless a waiver is granted by the City Commission, due to special circumstances peculiar to the property in question. On-street parking spaces shall be constructed by the developer and, if applicable, will require stormwater retention and treatment.

         (j)   On-street parking/streetscape. Development or redevelopment of residential or commercial/mixed use projects shall provide on street parking along their street frontage(s). Property owners are advised that the standards contained herein above are minimum standards and, at the discretion of the City Commission, may be required to provide parking spaces that exceed the minimum. Refer to the West Village and East Village for specific roadway design standards.

         (k)   Off-street-off-site parking. Off-site parking areas shall be allowed only as an accessory to a permitted use. Off-site parking areas shall be located within 300 feet of the principal use, unless this standard is waived by the City Commission at a duly advertised public hearing. The applicant must present written justification for the waiver (not a variance) to staff.

            1.   In the event a developer does not provide on-site-off-street parking, an off-site parking lot area can be used to meet the requirements of this section. This off-site parking lot area shall be known as "off-street-off-site parking."

            2.   Off-street-off-site parking areas shall be permissible as conditional uses in the Downtown Centre Zoning District.

            3.   Off-street-off-site parking areas shall be governed by the design standards as outlined in § 154.67 for off-street parking.

            4.   An opaque wall shall be erected to a height of no less than four feet and no more than five feet along the side and rear lot lines when such a parking area adjoins a residential use. Such walls shall be constructed of a low maintenance finish such as split face block, brick, stone or other similar material but shall not include stucco or (EIFS) Exterior Insulation Finish System. Such a wall shall not be required where the applicant, for an off-site parking area, has secured and filed with the application a notarial waiver duly signed under seal by all abutting landowners waiving objection to the existence of an un-walled off-site parking area. A minimum seven foot wide landscape buffer shall be located along the frontage abutting public rights-of-way of such parking areas and planted with a continuous hedge and three understory trees every 100 linear feet meeting the plant material standards of this chapter.

         (l)   Bicycle racks shall be provided at a rate of one space per 2,500 square feet of nonresidential use. When calculations determining the number of required bicycle rack spaces result in a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one rack space. Bicycle lockers may also be provided: however, they shall be in addition to bicycle racks.

         (m)   Acceptable parking surface materials. Acceptable parking surface materials shall include durable all weather surface material including concrete, brick, asphalt, permanent porous grating, or other permanent dust-free surfaces: but shall not include wood chips or other material subject to decay. Stone may be used for parking surface material subject to the following:

            1.   Parking areas containing ten or fewer parking spaces or-less-may utilize stone for parking surfaces. In such cases the access aisle may also be stone: however, handicapped parking spaces shall be asphalt or concrete.

            2.   Stone shall not be used on any driveway or parking aisle within 15 feet of a street right-of-way (unless separated by a landscaped buffer).

            3.   No limerock or similar calcareous material shall be used for stone surfaces.

            4.   Coverage of stone surface areas in parking spaces and driving aisles shall be a minimum of four inches in depth.

         (n)   Parking spaces constructed by the city in the downtown. Parking spaces constructed by the city, either within the ROW (on-street) or within public parking lots (off-street-off-site), may be utilized to support development within the downtown with the written approval of the City Commission in a Right-of-Way Use Agreement acceptable to the City Commission, and subject to the following conditions:

            1.   An owner must pay the city for the use of the on-street or public off-street-off-site parking spaces at a cost of $5,000 per space, or an alternate price deemed appropriate by the City Commission based on a consideration of the value of the parking spaces. The city will use the monies collected to provide parking for the downtown.

            2.   The same parking space may not be utilized for development of more than one business/use.

         (o)   Except as specifically authorized by the City Commission, public parking spaces are for the use of the public and cannot be considered reserved by any specific business/use.

      (6)   Infrastructure.

         (a)   Central sanitary sewer facilities. Applicants for development and/or redevelopment shall comply with all relevant standards adopted at that time.

         (b)   Septic tanks. Applicants for development and/or redevelopment shall comply with all relevant standards adopted at that time.

         (c)   Landscape relief. The location and coverage of the septic tank and drainfield shall not relieve the developer of any landscape requirements.

         (d)   Signs. All signage shall comply with the relevant provisions of Chapter 155, Appendix I of the city's Code of Ordinances.

         (e)   Lighting. Lights used to illuminate any premise or parking area shall be designed as follows:

            1.   Stand alone light fixtures shall be decorative lamp post type with a maximum height of ten feet.

            2.   Decorative bollard fixtures a maximum of three feet in height may be utilized to illuminate walkways.

            3.   Light fixtures must be setback a minimum of five feet from side and/or rear the property lines.

            4.   If light fixtures are adjacent to residential property they must be non-illuminated on the side facing the residential use.

            5.   Excluding rights-of-wav and sidewalks along rights-of-way, maximum light at the property line shall not exceed .5 foot candles.

            6.   A minimum of one decorative light shall illuminate the business front entry.

            7.   Development shall install outdoor parking lot lights that comply with the provisions of § 154.22. Outdoor Lighting Standards.

            8.   Street Lighting. As a condition of development and/or redevelopment, the applicant shall install outdoor lighting in adjacent rights-of-way. Such lighting shall have a maximum spacing of 100 feet spacing and not exceed .5 foot candles, as measured at the property line within ten feet of the source of the light. Such lights shall be placed at intersections and the spacing shall be from the intersection.

            9.   Although building mounted lighting is permissible, it shall be downward directed and shall not exceed .5 foot candles at the property line. At no time shall outdoor lighting create a glare or other hazardous condition to vehicles operating on any roadway.

            10. The design of all outdoor lighting shall be approved by the City Commission.

         (f)   Pavers. Except for sidewalks located within City of Lake Marv or Seminole County rights-of-wav, all sidewalks shall be constructed of pavers.

      (7)   Architectural standards.

         (a)   General intent and theme. These architectural standards are set forth by the Lake Mary City Commission and are intended to support the vision of the Downtown Master Plan for buildings within the Downtown Centre Zoning District by:

            1.   Establishing a measure /degree of architectural harmony by guiding building proportion, scale and materials: and

            2.   Encouraging the design of building frontages that support pedestrian activity. Fundamental to these standards is the conviction that the traditional suburban building styles that have defined our urban environment in recent years are contrary to the vision of a pedestrian oriented downtown and are not encouraged. These standards are intended to provide a framework for the successful execution of quality urban architecture.

         (b)   Architectural design shall be included as part of the site plan, which the City Commission shall review and act upon. Unless the City Commission approves the proposed architectural design as part of the site plan, the site plan has not been approved and the City shall not issue building and/or site permits for the subject property. Prior to the submittal of the site plan, an applicant may request the City Commission to review and provide feedback regarding the proposed architecture of a development. Such feedback shall not be construed as approval of the proposed architecture. The architectural standards permitted in each district are addressed in the design standards for that district.

         (c)   Building articulation. The articulation of a building is the composition of the large-scale volumes and excludes smaller elements and details. All buildings shall be articulated in plan (facade) and elevation (roof) per Figure 1. This articulation of buildings is a powerful tool to breakdown the mass to one more compatible with the smaller adjoining buildings on block faces or frontages. Articulation shall also be used to emphasize a corner or street/park axis.

         (d)   Building scale. Scale is a form of articulation and is effectively implemented by incorporating elements into the facade such as windows, balconies, loggias, and parapets. All buildings shall adhere to this building scale standard.

         (e)   Building frontages. The frontage of a building is a key contributor to pedestrian activity. The frontage is that portion of the building which faces a public or private street or open space or stair step park. Building frontages shall be composed of a base, mid-section and a cap (See Figure 2). Greater care shall be taken on frontage design by the architect and the development team. All applicants for development approval shall provide architectural elevations and architectural renderings with the site plan submittal and incorporate the following elements in addition to the specific residential and commercial/mixed use standards outlined further in this chapter:

            1.   The first floor of the frontage of a building shall consist of a "base." It is this base frontage that has the greatest effect on pedestrian activity in the downtown and includes but is not limited to a shopfront, residential stoop or a porch.

            2.   The second floor of the frontage of a building shall be identified as the middle section and shall be differentiated from the base through the use of shallow balconies, a short setback, architectural trim or a covered loggia (indented balcony). The transition shall also be supported by a change of window rhythm or size and a change in material or color.

            3.   The third floor of the frontage of a building shall be identified as the cap and shall be accented with window rhythms as in the second floor and cornice work in transitioning with the roof line. The roof must be of pitched design such as hip, gable or gambrel. A building of two or more stories may have a flat roof, provided a balcony or cantilever, or other similar architectural feature is provided or if the building is designed to have a roof garden or other "green roof” feature.

            4.   Exterior building materials shall be consistent with the architectural style of the building. Wall finish (including walls, chimneys and other appurtenances) shall be primarily smooth stucco, native stone, terracotta, marble, granite, brick and other natural materials that age with integrity. EIFS shall not be permitted.

         (f)   Townhomes Residential.

            1.   The same front facade for townhouses may not be repeated more than five times within one block length for both sides of any street and shall be separated by at least two lots with different facades. However, a row of townhouses may be permitted to exceed the aforementioned requirement upon approval by the City Commission. An applicant seeking a waiver to this requirement (not a variance) shall submit architectural elevations and artist renderings depicting said proposal for review by staff and the City Commission.

            2.   No more than 35% of the front facade of a house shall consist of an unobstructed wall. Such walls shall include windows or other architectural treatments to visually break up the facade in accordance with standards set forth in Building Frontages, division (7)(e) above.

         (g)   Commercial/mixed use.

            1.   For new development, facades shall be built directly on the front building setback line for at least 50% of the linear footage.

            2.   At least 50% of the first floor of the building front facade shall consist of window area and/or entryway area, but in no case shall more than 50% of each building front facade consist of undifferentiated opaque wall area.

            3.   Sides or rears of building when facing a public street shall consist of window area and/or entryway area, but in no case shall more than 50% of each building front facade consist of undifferentiated opaque wall area.

            4.   Primary entries shall face a public street. If available the primary entrance shall be accessed by a public sidewalk.

            5.   Roofs on new structures, not including additions to existing structures, shall be of a pitched design such as hip, gable or gambrel. If the new structure contains two or more stories, a flat roof may be permitted provided a balcony or cantilever or other similar architectural feature is provided on the second story level.

            6.   Ground floor storefront glass shall be clear, as any saturation will cause the display to become invisible behind the resulting reflection. Unless specifically prohibited by the City Commission, windows above the ground floor may have reflective (mirror) or colored glass.

         (h)   Sidewalk standards. Sidewalks located within the downtown area shall be no less than six feet wide, except as permitted by the City Commission. In no instance shall sidewalks be less than five feet wide. The sidewalk dimensions referenced herein may be required to be accommodated by providing sidewalk area on both public right-of-way and private property. When sidewalks are provided within the front yard setback (private property), the owner of subject property shall give the City a pedestrian sidewalk easement over that portion of the property developed as sidewalk.

         (i)   In compliance with the Americans With Disabilities Act (ADA), all sidewalks shall have a minimum 44 inch wide clear travel area.

   (G)   West Village Development Standards. The West Village area is generally described as that portion of downtown located north of Lake Mary Boulevard, east of 5th Street, west and north of the SunRail Railroad. (See Map #2 for specific boundaries.)

      (1)   Street design standards. The streets within the West Village are as follows:

         • 50' wide ROW = 2nd Street and Seminole Avenue between 4th and 5th Streets

         • 40' wide ROW = Old Lake Mary Road between Crystal Lake Avenue and Wilbur Avenue

         • 66' wide ROW = 1st Street, 4th Street and 5th Street

         • 78' wide ROW = Lakeview, Crystal Lake Avenue, Wilbur Avenue, Lake Mary Avenue, Grand Bend Avenue, east of Country Club Road, and Seminole Avenue, between 4th Street and 5th Street.

         • County Roads are as follows: Lake Mary Boulevard & Country Club Road

         (a)   Development on Old Lake Mary Road. For development adjacent to Old Lake Mary Road, there shall be two 12-foot wide travel lanes and 2-foot wide curbs and gutter. On one side of the roadway only, there shall be a minimum 5-foot wide landscape buffer and a minimum 6-foot wide sidewalk. All on-street parking shall be parallel parking spaces. The parallel space shall be no less than 8-foot wide and 22 feet long. For that portion of the sidewalk on private property, the owner shall give the city a pedestrian access easement. Please refer to Figure #4 for details regarding the standard 40-foot roadway section.

         (b)   Development on 2nd Street. For development adjacent to 2nd Street, there shall be two 12-foot wide travel lanes and 2- foot wide curbs and gutter. On each side of the street, a minimum 5-foot wide landscape buffer and a minimum 6-foot wide sidewalk. All on-street parking shall be parallel parking spaces. The parallel space shall be no less than 8 feet wide and 22 feet long. For that portion of the sidewalk on private property, the owner shall give the city a pedestrian access easement. Please refer to Figure #3 for details regarding the standard 50-foot wide roadway section.

         (c)   Development adjacent to streets with a 66-foot wide ROW shall have a minimum of two 12-foot wide travel lanes and 45 degree angled on-street parking on both sides of the street. The developer shall construct the parking within the ROW adjacent to the subject property. The curb shall act as wheel stops. The distance from the center line of the street to the back of the curb shall be 24.5 feet. There shall be a 5-foot wide landscape area behind the curb and a minimum 6-foot wide sidewalk. For that portion of the sidewalk on private property, the owner shall give the city a pedestrian access easement. Please refer to Figure #6 for details regarding the standard 66-foot wide roadway section.

         (d)   Grand Bend Avenue, west of Country Club Road, is only a partial ROW. At such time as development is proposed for property adjacent to this section of Grand Bend, the City Commission shall determine the location and configuration of the travel lanes, parking, landscape buffer and sidewalks.

         (e)   Development adjacent to streets with a 78-foot wide ROW shall have a minimum of two 12-foot wide travel lanes, 45 degree angled on-street parking, a 5-foot wide landscape buffer and a minimum 8-foot wide sidewalk on each side of the roadway. For that portion of the sidewalk on private property, the owner shall give the city a pedestrian access easement. The developer shall construct the parking within the ROW adjacent to the subject property. Please refer to Figure #7 for details.

         (f)   Lake Mary Boulevard and Country Club Road are currently Seminole County roadways. Seminole County does not permit on-street parking on these roadways. From its intersection with Lake Mary Boulevard and running a distance of approximately 218 feet north. Country Club Road has a right-of-way width of 90 feet. Beginning at 218 feet north of Lake Mary Boulevard and running through the Downtown, the Country Club Road right-of-way width varies between 58 feet and 59.62 feet. If that portion of Country Club Road through the downtown should be dedicated to the city, the City Commission shall determine if on-street parking shall be permitted.

         (g)   Traffic calming devices. For all streets with a ROW of 50 feet or wider, traffic calming devices shall be required at intersections and mid-block locations. Traffic calming devices shall be constructed at such time as the adjacent properties develop and/or redevelop. Unless otherwise prohibited by the City Commission, traffic calming devices shall comply with the design per Figure #9 of this document.

         (h)   Traffic circles. As a condition of approval of a site plan, the construction of a traffic circle may be required by the City Commission. All traffic circles shall be constructed to meet or exceed the city's minimum standards.

      (2)   Parking.

         (a)   Properties directly abutting the commuter rail platform are exempt from the requirements of § 154.67(F)(5)(c)2.

         (b)   With the exception of properties that comply with (a) above, all other properties must comply with the requirements of § 154.67(F)(5)(c)2.

         (c)   Required parking spaces may be located on-site, off-site-off-street (in dedicated parking lots) or on-street.

      (3)   Mixed use development. Unless approved by the City Commission, the ground floor of a mixed use building shall be non-residential. The second and subsequent floors may be either non-residential and/or residential.

      (4)   Setbacks. Please refer to the setbacks listed in District Wide Development Standards.

      (5)   Architectural style. The overall architectural theme for the West Village is Mediterranean and Italianate, incorporating concepts of New Urbanism. All development and redevelopment in the Downtown Centre Zoning District shall incorporate the following design elements into their building design in addition to all standards contained in this section.

         (a)   Mediterranean. This architecture is characterized by clay tile or barrel roofs; stucco exterior walls: straight or arched windows; iron window grills: balconies: ceramic tile decorations: ornate low relief carvings highlighting arches: columns and window surrounds and cornices.

         (b)   Italianate. This architecture is characterized by low pitched roof with overhanging eaves supported by decorative brackets: square cupolas or towers often rising above the roof line and tall narrow U-shaped windows commonly arched and displaying elaborate crowns.

      (6)   During the site plan review process, the applicant shall provide information regarding the placement and style of all proposed hardscape. Hardscape shall include but not be limited to pedestrian benches, bicycle racks/lockers, outdoor lighting, signage and architectural features.

   (H)   East Village Development Standards. The East Village is comprised of that area of the downtown located north of Lake Mary Boulevard, south and east of the SunRail Railroad and west of the corporate limits. (See Map #3 for specific boundaries.)

      (1)   Street design standards. The north/south city streets within this area are as follows: Palmetto Street, Lake Street, Hollis Street and High Street. Greenleaf Lane is the only east/west street in this area. Currently, all internal streets have a 40- foot wide right-of-way.

         (a)   Palmetto Street is the only internal street that crosses the CSX Railroad and connects the West Village with the East Village. Palmetto Street was been identified as a by-pass corridor for west bound traffic on Old Lake Mary Road to access Lake Mary Boulevard. Additionally, Palmetto Street will provide direct access to the proposed Lake Mary SunRail Station. The proposed right-of-way for Palmetto Street is 60 feet. Parallel parking is proposed along both sides of Palmetto. The developer shall construct the parking within the ROW adjacent to the subject property. As travel demand increases on Palmetto Street, the parallel parking may be converted into additional travel lanes, as shown in Figure #5.

         (b)   The primary purpose of Green Leaf Lane, Lake Street, Hollis Street and High Street is to provide access to adjacent property. For development purposes, these streets shall have a 50-foot wide right-of-way. Refer to Figure #3 for the development standards for these streets.

         (c)   At intersections and mid-block, traffic calming devices shall be constructed as part of the on-street improvements associated with development and/or redevelopment of adjacent properties. Unless permitted by the City Commission, traffic calming devices shall comply with the design per Figure #9 of this document.

         (d)   Traffic circles. As a condition of approval of a site plan, the construction of a traffic circle may be required by the City Commission. All traffic circles shall be constructed to meet or exceed the city's minimum standards.

      (2)   Setbacks. Please refer to the setbacks listed in District Wide Development Standards.

      (3)   Architectural style. The Southeast Downtown District does not have a specified architectural style; however, it is the intent of the city that the architecture within this district be compatible. To prevent conflicting architectural styles, all proposed architecture shall be approved by the City Commission as part of the site plan review process. Prior to formal site plan submittal, an applicant may request that the City Commission review and provide non-binding feedback regarding the proposed architecture of the development.

      (4)   During the site plan review process, the applicant shall provide information regarding the placement and style of all proposed hardscape. Hardscape shall include but not be limited to pedestrian benches, bicycle racks/lockers, outdoor lighting, signage and architectural features.

(Ord. 906, passed 11-19-98; Am. Ord. 1029, passed 10-4-01; Am. Ord. 1038, passed 11-1-01; Am. Ord. 1102, passed 8-21-03; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1348, passed 4-15-10; Am. Ord. 1458, passed 4-5-12; Am. Ord. 1486, passed 5-16-13; Am. Ord. 1487, passed 5-16-13; Am. Ord. 1616, passed 11-21-19; Am. Ord. 1620, passed 6-18-20)

   Two 12' wide travel lanes

   8' x 22' parallel parking spaces

   5' wide landscape buffer

   6' wide sidewalk

Every 99', landscape breaks shall be constructed between on-street parking spaces

Handicapped parking space design standards per Figure 8.

Two 12' wide travel lanes

8' x 22' parallel parking spaces (One side of street only)

5' wide landscape buffer (One side of street only)

6' wide sidewalk (One side of street only)

Every 99', landscape breaks shall be constructed between on-street parking spaces

Handicapped parking space design standards per Figure 8.

Two 12' wide travel lanes with 45 degree angled on-street parking with option for four 12' wide travel lanes without on-street parking

5' wide landscape buffer (east side only)

6' wide sidewalk

Every 99', landscape breaks shall be constructed between on-street parking spaces

Handicapped parking space design standards per Figure 8.

Two 12' wide travel lanes

45 degree angled 9' x 18' parking spaces

5' wide landscape buffer

6' wide sidewalk

Every 99', landscape breaks shall be constructed between on-street parking spaces

Handicapped parking space design standards per Figure 8.

Two 12' wide travel lanes

45 degree angled 9' x 18' parking space

5' wide landscape buffer

10' wide sidewalk

Every 99', landscape breaks shall be constructed between on-street parking spaces

Handicapped parking space design standards per Figure 8.

Parallel handicapped parking space -

Minimum length = 22'

Minimum width = 8'

Minimum access aisle width = 5'

Handicapped parking spaces shall have 5' wide access aisle at the head or foot of the parking space, which is in addition to the length of the parking spaces.

The intent of traffic calming devices is twofold. They reduce the speed of vehicles and increase the safety of pedestrians by providing greater visibility and decreasing the street distance they must cross. the most common type of traffic calming devices is the bumpout, which may be located at intersections and/or mid-block. Unless approved by City Commission, all traffic calming devices shall have the following:

      •   A reduction in the width of the travel land/parking area.

      •   A surface that contrasts with the surface of the street on either side.

      •   Landscaping that does not block visibility of driver and/or the pedestrian.

See below for an example of both mid-block and intersection traffic calming devices.

   (A)   Description of district. This district is established in order to identify and establish those geographic areas that are appropriate for the development of private and public elementary, middle, high schools, colleges and universities or similar school providing educational curriculum meeting general public or education requirements established by the state. Areas of the city for which these categories are appropriate are designed on the comprehensive plan as public/semi-public.

   (B)   Permitted and conditional uses. Unless otherwise permitted by this chapter, no building or land in the School Zoning District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed on Table 1. The uses listed as conditional are permitted only after approval in accordance with §§ 154.70 through 154.73.

   (C)   School location criteria. Per the City of Lake Mary Comprehensive Plan, the following criteria shall be used in locating public and private schools within the city:

      (1)   Future land use designations for public and private schools.

         (a)   Elementary schools shall be permitted by right in all residential future land use designations.

         (b)   If the proposed site plan for a new elementary school, located in a residential future land use designation, complies with the requirements of state law, the only requirement to commence construction is the city determination that the site plan for the new elementary school complies with state law and applicable codes.

         (c)   New elementary schools shall be deemed to be permitted uses in all other future land use designations, with the exception of conservation, provided that the City Commission determines the proposed site and elementary school are consistent with the Comprehensive Plan through the process specified in § 154.68(C)(1)(f).

         (d)   New middle and high schools shall be deemed a permitted use in all future land use designations, with the exception of conservation, provided that the city determines the proposed site and school are consistent with the Comprehensive Plan through the process specified in § 154.68(C)(1)(f).

         (e)   Colleges and community colleges, including those offering high school equivalency programs, such as GED or dual enrollment programs; and/or other schools or programs that have as their primary purpose the instruction of technology that is directly related to High Technology uses listed in the M-1A zoning district, or uses permitted by the City Commission, are allowable uses. Schools in existence in this overlay district as of the effective date of this amendment shall be deemed permitted uses in the underlying future land use designation and zoning district in which they are located and consistent with the Comprehensive Plan.

         (f)   Except for those elementary schools sites in residential future land use designations, the city shall make a determination of consistency through a public hearing process that conforms with the requirements applicable to conditional uses as set forth in § 154.71(C) and § 154.72 of the Land Development Code. The one-year time limit for conditional use permits shall not apply to school site approvals. In reviewing a proposed location for consistency with the Comprehensive Plan, the city shall consider the following additional locational criteria during the public hearing process:

            1.   The school site shall be of sufficient size to insure that the building and ancillary facilities are located away from floodplains, flood prone areas, wetlands and other environmentally sensitive areas, including historic or archeological resources. School size and land area requirements for public schools should meet the minimum standards of the Seminole County School Board.

            2.   Public schools shall be centrally located within their intended attendance zones to the maximum extent possible.

            3.   Central water and sewer facilities shall be available to the site and stormwater provisions must meet extent possible.

            4.   Access to the site shall be from a collector or minor collector road and sufficient vehicle stacking lanes should be provided to avoid detrimental impacts on adjacent roads.

            5.   Schools shall be designed to minimize the impacts to adjacent land uses through control of site aspects such as traffic, landscaping, buffers and building layout. Schools shall also provide safe access for pedestrians, cars, and buses and shall be encouraged to provide for convenient access to mass-transit.

            6.   School sites shall be located away from land uses that generate noise, odors, dust, truck traffic and/or other hazards to the health and safety of the students.

            7.   New elementary, middle or high schools shall not be located in the city's High Tech Industrial Corridor which is targeted for major economic growth and development.

            8.   Elementary and middle schools should be located where land uses are predominately low-medium to high density residential and include housing types and densities sufficient to meet the school's enrollment capacity with students that are predominately within walking distance of the school.

            9.   High schools shall be located away from residential areas unless there is sufficient buffering to protect the adjacent land uses from the intensity and activity of the school. The campus should provide adequate on site parking.

            10.   If the city determines that the site is consistent with the Comprehensive Plan as outlined above, the only remaining requirements to commence construction is city determination that the site plan complies with state and local laws, building permit and site permit issuance, as applicable.

   (D)   School locational criteria. See Table 1.

   Table 1

 

P= Permitted use

C= Conditional Use

* Prohibited in areas having High-Tech/Industrial Corridor Protection Area District.

(Ord. 1219, passed 11-2-06; Am. Ord. 1342, passed 1-21-10)

   (A)   Description of district. The Government Use (GU) district is established in order to identify and provide for geographic areas within the city that are appropriate for the development of governmental entities, including local, state or federal government units, libraries, places of worship, cemeteries, parks and public transportation facilities. Areas of the city for which this zoning category is appropriate are designated on the land use plan as public/semi-public.

   (B)   Permitted and conditional uses. No building or land in the GU district shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. Conditional uses are permitted only after approval in accordance with §§ 154.70 through 154.73.

      (1)   Permitted uses:

         (a)   Parks, playgrounds and recreational areas.

         (b)   Government administrative, public safety and judicial buildings.

         (c)   Libraries.

         (d)   Post office.

      (2)    Conditional uses:

         (a)   Government maintenance facilities.

         (b)   Hospitals.

         (c)   Churches.

         (d)   Communication towers.

   (C)   Site development standards. All GU land uses are subject to site plan approval in accordance with Chapter 156. The following standards are also hereby established to maintain the purpose of the district, to promote the functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare.

      (1)   Access requirements must comply with Chapter 155, Appendix A, Street System Requirements.

      (2)   Minimum setbacks. The minimum yard requirements in the government use (GU) district shall be subject to staff review and determination on the basis of good planning and design and published safety standards.

      (3)   Maximum building height. The maximum height of buildings and structure in the government use (GU) district shall be 35 feet.

   (D)   Off-street parking. Off-street parking shall be in accordance with Appendix B of Chapter 155.

   (E)   Additional requirements.

      (1)   All GU uses must conform to applicable setback, landscape, and buffer requirements in Chapter 157 of this code.

      (2)   Lakefront regulations are included in § 154.12.

      (3)   School location, regulations and requirements are included in § 154.68.

(Ord. 1219, passed 11-2-06)