This Code shall be officially entitled the "Land Development Code of the City of Maitland, Florida," and may be referred to as the "Maitland Land Development Code," the "Maitland LDC," or the "LDC."

The general purpose of this LDC is to promote the public health, safety, and general welfare, and to implement the goals, objectives, and policies of the City's adopted comprehensive development plan and other adopted plans. More specifically, this LDC is intended to do the following, consistent with the goals, objectives, and policies of the comprehensive development plan and other adopted plans:

1.3.1.

Establish comprehensive, consistent, effective, efficient, and equitable standards and procedures for the review and approval of development that implement the comprehensive development plan and other adopted plans, respect the rights of landowners, and consider the interests of the City's citizens.

1.3.2.

Ensure that land uses and development are organized and located in a rational and efficient manner that is consistent with the City's comprehensive development plan and other adopted plans.

1.3.3.

Protect the character of existing residential neighborhoods from incompatible development.

1.3.4.

Establish zone districts that support a diversity of housing opportunities for the City's citizens.

1.3.5.

Support and encourage vibrant, pedestrian-friendly, and higher density mixed-use development in Downtown Maitland.

1.3.6.

Support and encourage redevelopment in the Maitland West Side and other commercial corridors with high-quality design and a mix of uses.

1.3.7.

Support and encourage redevelopment that is compatible with its context and has a high quality of design.

1.3.8.

Support and encourage new development that is consistent with the desired character identified in the comprehensive development plan and has a high quality of design.

1.3.9.

Support and encourage new development and redevelopment that accommodates multiple forms of transportation including walking, bicycling, driving, and transit.

1.3.10.

Support and encourage sustainable development practices.

1.3.11.

Establish standards to protect the City's natural resources, including natural lands, Lake Maitland, and other smaller lakes and waterways, and the City's drinking water sources.

This LDC is intended to ensure that all development within the City is consistent with the goals, objectives, and policies of the comprehensive development plan and all other adopted plans of the City.

It is the legislative intent of the City Council in adopting this LDC that all provisions shall be construed to implement the comprehensive development plan and other adopted City plans, and guide development in accordance with the existing and future needs of the City as established in this LDC, and promote the public health, safety, and welfare of landowners and residents of the City. It is also the legislative intent of the City Council that if any section, subsection, sentence, clause, or phrase of this LDC is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of any other provision of this LDC. The City Council hereby declares that it would have adopted this LDC and any section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases of the LDC is declared invalid by a court of competent jurisdiction.

This LDC shall become effective on March 1, 2022.

The Maitland City Council is authorized to adopt this LDC in accordance with Article VII, Section 2(b) of the Florida Constitution; the charter of the City of Maitland (adopted July 17, 1885, and amended July 1, 1970, and occasionally thereafter); Ch. 166, Florida Statutes (the Municipal Home Rules Powers Act), Section 163.3202, Florida Statutes; and all other relevant laws and constitutional provisions of the State of Florida.

Whenever any provision of this LDC refers to or cites a section of the Florida Statutes (Fla. Stat.) or Florida Administrative Code (F.A.C.), and that section is later amended or superseded, this LDC shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The provisions of this LDC shall apply to the development and redevelopment of all land within the corporate limits of the City.

The provisions of this LDC shall apply to development and redevelopment by the county, Orange County Public Schools, the State of Florida and its agencies, the federal government and its agencies and departments, to the extent allowed by law. The provisions of this LDC shall not apply to the City but shall apply to all other local governments that may own land in the City.

No land in the City shall be developed without compliance with the requirements of this LDC, and all other applicable City, county, state, and federal laws and regulations, unless it is exempted.

Consistent with state law, the City Council may, by resolution and without any otherwise required prior notice or public hearing, authorize City agencies or departments to deviate from the provisions of this LDC during an emergency declared by the mayor or governor when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this LDC.

If a provision of this LDC is inconsistent with another provision of this LDC, or with a provision found in other codes or ordinances of the City, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

If a provision of this LDC is inconsistent with a provision found in the law or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

Nothing in this LDC is intended to supersede, annul, or interfere with any deed restriction, covenant, easement, or other agreement between private parties, but the terms of these agreements shall not excuse any failure to comply with the requirements of this LDC. The City shall not be responsible for monitoring or enforcing any such private agreements.

Nothing in this LDC is intended to repeal, supersede, annul, impair, or interfere with any vested rights under applicable law, provided such rights are lawfully established and remain in effect.

The Official Zone District Map is established by this LDC. It designates the location and boundaries of the base zone districts, planned development districts, and overlay districts established by this LDC.

The Official Zone District Map is incorporated into this LDC by reference and is on file in the Community Development Department office for public inspection during normal business hours. The City may maintain the Official Zone District Map as an electronic map layer in the City's Geographic Information System (GIS).

(a)

Changes to zone district boundaries on the Official Zone District Map shall be made in accordance with the appropriate provisions of this LDC, including Sec. 2.5.1(d), General Zone District Map Amendment; Sec. 2.5.1(e), Site-Specific Zone District Map Amendment; and Sec. 2.5.1(f), Planned Development.

(b)

The Community Development Director shall enter changes on the Official Zone District Map within a reasonable time period after the amendment is approved by City Council. Where the ordinance enacting a zone district boundary change contains wording explaining or clarifying the location of the new boundary, the Community Development Director may enter notations reflecting the ordinance wording on the Official Zone District Map.

On March 1, 2022, land zoned with a zone district classification under the previous LDC shall be translated to one of the zone district classifications in this LDC, in accordance with Table 1.8.1: Transition to New Zone Districts. The zone districts are established in Article 3: Zone Districts.

A violation of the previous LDC and other regulations replaced by this LDC shall continue to be a violation under this LDC, and subject to the penalties set forth in Article 9: Enforcement, unless the development complies with the express terms of this LDC.

(a)

If any use, structure, lot of record, sign, or site feature was legally established on the date of its development, but does not comply with the standards of this LDC, that use, structure, lot of record, sign, or site feature shall be considered nonconforming and subject to the provisions of Article 8: Nonconformities.

(b)

If a use, structure, lot of record, sign, or site feature that was legally nonconforming under the previous LDC becomes conforming under this LDC, it shall no longer be deemed nonconforming and subject to the provisions of Article 8: Nonconformities.

No development order shall be issued when a proposed amendment to this LDC which would render a proposed development nonconforming is pending before the Planning and Zoning Commission or City Council, unless otherwise required by state law or this LDC.

(a)

Any development application submitted and accepted as complete before March 1, 2022, but still pending final action as of that date, shall be reviewed and decided in accordance with the regulations in effect when the application was accepted.

(b)

Completed applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the applicant fails to comply with the required time frames or any terms or conditions of approval, the application shall expire, and future development shall be subject to the requirements of this LDC.

(c)

An applicant with a pending application accepted before March 1, 2022 may opt to have the proposed development reviewed and decided under the procedures and standards of this LDC by withdrawing the pending application and submitting a new application in accordance with the standards of this LDC. Any applicable application submittal fees will be waived for this new application.

(d)

To the extent an application approved under this section includes development that does not comply with this LDC, the development, although permitted, shall be nonconforming and subject to the provisions of Article 8: Nonconformities.

(a)

All development approvals or permits approved before March 1, 2022 remain valid until their expiration date, and shall be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, so long as they remain valid and have not expired or been revoked, or been substantially modified with respect to the character of the development or the intent of the approval. If the development approval or permit expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), or is substantially modified with respect to the character of the development or the intent of the approval, all subsequent development of the site shall comply with the procedures and standards of this LDC.

(b)

No provision of this LDC requires any change in the plans, construction, or designated use of any structure for which a building permit was issued prior March 1, 2022.

(c)

Except for those development approvals identified in subsection (d) below, to the extent a prior-approved application includes development that does not comply with this LDC, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 8: Nonconformities.

(d)

The following development applications that were approved before March 1, 2022 and that continue to be compliant with the approved terms and conditions of the development shall be considered to be in conformance with the terms of this LDC:

(1)

Village at Lake Lily (Phase I and II) (903/905 Lake Lily Dr)

(2)

Maitland City Center (190 Independence Ln)

(3)

Uptown Maitland (Lots I and 2) (525/425 Sybelia Pkwy)

(4)

First Presbyterian Church (341 N. Orlando Ave)

(5)

400 North (400 N. Orlando Ave)

(6)

Northbridge Centre (711 N. Orlando Ave)

(7)

Maitland Station (955 N. Orlando Ave)

(8)

Mahoney's Auto Repair (1120 N. Orlando Ave)

(9)

Park Maitland School (1450 S. Orlando Ave)

(e)

Any re-application for an expired development approval or permit shall comply with the requirements of this LDC.