8.6.1.

Schedule of zoning districts and overlay permitted and conditional uses. (See attachment [table] at end of chapter.)

8.6.2.

Schedule of lot and building requirements. (See attachment [table] at end of chapter.)

8.6.3.

Rural residential (RR).

A.

Intent. The RR district provides for low density residential development at densities up to one unit per 2½ acres consistent with the RL future land use designation of the comprehensive plan.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments in the RR district shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.4.

Low density residential (R-1).

A.

Intent. The R-1 district provides for low density residential development at densities up to four dwelling units per acre, consistent with the RL future land use designation of the comprehensive plan.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.5.

Medium density residential (R-2).

A.

Intent. The R-2 district provides for residential development of medium density up to eight dwelling units per acre in older areas of the city consistent with the RM future land use designation of the comprehensive plan.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments in the RR district shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.6.

High density residential (R-3).

A.

Intent. The R-3 district provides for high density residential developments near major streets and in older areas having adequate urban services with densities up to 12 dwelling units per acre consistent with the RH future land use designation of the comprehensive plan.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter. The following additional minimum requirements for townhouse projects and units shall also apply:

1.

Project size: One-half acre.

2.

Lot width: Twenty feet.

3.

Lot area: Two thousand square feet.

4.

Yard requirements:

a.

Front: Ten feet.

b.

Rear: Ten feet.

c.

Side: None.

5.

Perimeter setback: Twenty-five feet.

6.

Minimum floor area per dwelling unit: Eight hundred square feet, plus an additional 150 square feet for each additional bedroom over two.

7.

Maximum gross density: 12 units per acre.

8.

Maximum lot coverage: The total lot area covered by principal and accessory buildings shall not exceed 40 percent. Swimming pools and their screen enclosures are excluded from this requirement.

9.

Maximum building length: No principal or accessory building shall exceed 200 feet in length or width.

10.

Maximum height: No building or structure shall exceed 35 feet in height except as allowed by section 8.7 of this code.

11.

Building separation requirements: Building separation on any lot shall be 50 feet between building fronts or building fronts and building rears and 25 feet between any other combinations of building arrangements.

F.

Off-street parking and loading requirements. Standards for off-street parking, loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.7.

Mobile home park (MH-1).

A.

Intent. The MH-1 district is consistent with the RM future land use designation of the comprehensive plan and recognizes the district physical characteristics of mobile home parks in the community which are designed, developed and operated under unified ownership and control.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter. The following additional standards shall also apply:

1.

Requirements for individual mobile home spaces.

a.

Minimum mobile home space area: Five thousand square feet.

b.

Minimum mobile home space width: Fifty feet.

2.

Minimum yard requirements:

a.

Front: Fifteen feet.

b.

Side: Five feet.

c.

Rear: Fifteen feet.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

I.

General requirements for mobile home parks travel trailer parks. The following regulations shall apply:

1.

Recreation area. There shall be at least one recreation area. The recreation area shall be easily accessible to all residents of the park.

2.

Internal streets.

a.

Two way streets shall be paved to a minimum of 20 feet and one-way streets shall be paved to a minimum of 18 feet. All streets shall be paved with materials acceptable to the city.

b.

Parking shall be provided on each mobile home site or in paved common areas, not on streets.

c.

Dead-end streets or streets ending in cul-de-sacs shall be limited in length to 600 feet in length and shall be provided with a turnaround having a minimum paving width diameter of 80 feet.

3.

Entrances and exits. Entrances and exits shall be limited in number and, when combined, shall be separated with a landscaped median strip not less than five feet wide. There shall be no direct vehicle access from any space to any exterior street.

4.

Water supply, sewage disposal and garbage and refuse handling. All mobile home and recreational vehicle parks shall comply with the applicable provisions of the Florida Administrative Code, regarding water supply, sewage disposal and garbage and refuse handling.

8.6.8.

Office transitional (OT).

A.

Intent. The intent of the OT district is to preserve the character of older residential areas, which are susceptible to deterioration and encroachment due to the proximity of general commercial development. The OT district is consistent with the OT future land use designation of the comprehensive plan. Certain transitional uses, including business and professional offices, are allowed on a limited basis as a means to maintain the economic viability of buildings and properties in the district by providing for alternative uses which are compatible with existing residential character. Retail sales and service establishments are discouraged in this district.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter and the following uses are further conditioned as follows:

1.

Government buildings, community centers, libraries, places of worship and public and private schools permitted by special exception shall have a minimum lot size of one acre.

2.

Professional and business offices shall be limited to not more than 2,000 square feet of floor area or five off-street parking spaces, whichever is more restrictive.

3.

Other commercial uses shall be limited to not more than 800 square feet of floor area or five parking spaces whichever is more restrictive.

4.

The minimum lot size for office and commercial uses not otherwise located in a residential building on an existing developed lot shall be one-half acre.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this code. However, off-street parking required under this chapter for other than permitted residential uses shall be provided in side or rear yard areas, not in any required front yard area, nor closer to a street than the front building line.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.10.

Mixed use, urban (MX-1).

A.

Intent. The MX-1 district is consistent with the MX future land use designation of the comprehensive plan and recognizes the existing mix of institutional, commercial and residential uses in the old central core of the city near City Hall and is designed to preserve the general town center character of this area. Retail and service businesses are limited in both type and scale.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in the section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structure that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this code.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this code.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this code.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.11.

Mixed use, suburban (MX-2).

A.

Intent. The MX-2 district is consistent with the MX future land use designation of the comprehensive plan, applies to certain vacant or underdeveloped lands in the city and is designed to encourage well-planned residential and commercial development. Allowable residential densities are the highest of all districts to make this area a focus for contemporary multifamily development opportunities in the city because of its proximity to the I-4 interchange at Saxon boulevard and veterans memorial parkway. It is further intended that all development within the MX-2 will be processed and approved as a PUD.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.12.

General commercial, restricted (CG-1).

A.

Intent. The CG-1 district provides for general commercial development with some limitations on the types and scale of retail and service establishments permitted.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.13.

General commercial (CG-2).

A.

Intent. The CG-2 district provides for a wide range of commercial uses in locations which have adequate road capacity and minimal impacts on adjacent residential neighborhoods.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.14 Commercial recreation.

A.

Intent. The CR district is intended to provide a wide range of active recreation opportunities for Orange City residents and visitors. Such uses may consist of golf facilities, water parks, sports facilities and similar commercial recreation activities. Commercial recreation uses are distinguishable from more intense commercial uses because of the requirement that a minimum of 75 percent of the five-acre minimum be devoted to open space.

B.

Permitted principal uses. Permitted principal uses in the CR district are limited to those listed in the Schedule of Land Uses in section 8.7.1 of this chapter.

C.

Receipts must show that 51 percent of gross revenue is derived from primary principal use. The city manager or designee may inspect the necessary records to ensure compliance with this requirement.

D.

Accessory uses and structures. Accessory uses and structures shall be permitted [and] are limited to the criteria below:

a.

Are customarily accessory and clearly incidental and subordinate to principal uses and structures.

b.

Are located on the same lot as the principal use or structure.

E.

With regard to the retail operations, only retail operations, only retail sales associated with the principal recreation activity or activities are considered accessory uses.

F.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1 of this chapter.

G.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density and intensity of developments shall be specified in section 8.6.2 of this chapter.

H.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7 of this chapter.

I.

Sign regulations. Standards as to the type, size and placement of signs shall be specified be as specified in chapter 9 of this Code.

J.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this Code.

8.6.15.

Light industrial (I-1).

A.

Intent. The I-1 district provides for a variety of industrial and commercial uses which can be described as "light" industry. Light industry is nonpolluting and is generally characterized by research, production, storage and distribution activities which are carried on inside buildings. Industrial uses which have extensive outdoor storage and production operations or which generate off-site impacts in terms of noise and other ambient nuisances are not considered light industry for purposes of these zoning regulations.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.16.

Heavy industrial (I-2).

A.

Intent. The I-2 district provides for industry of a more general nature on larger parcels to help buffer their potential impacts. Uses allowed in this district are characterized generally by open storage yards, use of heavy equipment, fabrication of bulky products, and/or a much greater likelihood for environmental nuisances and adverse visual impacts affecting adjacent properties. Industries having the potential for air and water pollution, however, are not permitted.

B.

Permitted principal uses. Permitted principle uses are limited to those listed in section 8.6.1. of this chapter.

C.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1. of this chapter.

D.

Conditional uses. Conditional uses are limited to those listed in section 8.6.1. of this chapter.

E.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2. of this chapter.

F.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7. of this chapter.

G.

Sign regulations. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code.

H.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code.

8.6.17.

Planned unit development (PUD).

A.

Intent. The planned unit development (PUD) district is intended to provide a flexible approach for unique and innovative land development proposals, which would otherwise not be permitted by this code. Notwithstanding the specific criteria identified herein, PUD proposals shall be consistent with the comprehensive plan and should accomplish the following purposes, to the greatest extent possible.

1.

Promote a mixture of housing types and orderly development consisting of compatible uses;

2.

Promote innovative site and building design, including traditional neighborhood developments;

3.

Provide orderly development by limitations upon the uses and structures to be permitted in the PUD, the efficient location and utilization of infrastructure, including an integrated network of streets and pedestrian/bicycle facilities;

4.

Establish open space areas for active and passive recreation and for the preservation of natural resources, significant natural features and vistas, and listed species habitats;

5.

Create usable and suitably located civic spaces, recreational facilities, open spaces and scenic areas;

6.

Provide for a coherent and visually attractive physical environment through the coordination and consistency of architectural styles, landscaping designs, appropriate buffer areas between land uses, and other elements of the built environment; and

7.

Provide for additional requirements as deemed necessary by the city council to ensure compatibility with adjacent neighborhoods and effectively reduce potential adverse impacts.

The PUD district has been divided into four sub districts. These sub districts are residential (RPUD), business (BPUD), industrial (IPUD) and mixed use (MPUD). PUDs, which were approved prior to the adoption of this code, shall continue in the manner as approved by the city council. Any amendment to said prior approved PUDs, shall comply with the requirements of this code. Further regulations applicable to all PUDS are located in section 8.7.22. of this chapter.

B.

Permitted principal uses and structures. The permitted principal uses and structures shall be those agreed upon by the city council and are dependent upon which sub-district is requested.

1.

The permitted uses within a RPUD may be those found in any of the residential zoning districts, provided that said uses are listed in the development agreement and have been approved by the city council.

2.

The permitted uses within a BPUD may be those found in any of the business zoning districts, provided that said uses are listed in the development agreement and have been approved by the city council.

3.

The permitted uses within an IPUD may be those found in any of the industrial zoning districts, provided that said uses are listed in the development agreement and have been approved by the city council.

4.

The permitted uses within an MPUD shall consist of a combination of uses allowed from at least two of the above three PUD sub districts as approved by the city council.

5.

Other uses and structures of a similar nature to those listed may be allowed, after determination by the city council at the time of PUD zoning district approval that such uses and structures are compatible with the PUD development and the surrounding area.

C.

Dimensional requirements.

1.

Minimum PUD parcel size.

RPUD: One acre.

BPUD: Twenty thousand square feet.

IPUD: One acre.

MPUD: One acre.

2.

Minimum lot and yard requirements. Minimum lot sizes, width, and yard areas shall be described in the development agreement. In determining yard sizes, the city council shall consider whether or not the proposed PUD will have adverse effects upon adjoining properties. Factors which may be considered in determining yard sizes include, but are not limited to, existing and future land uses, lot size, and buffer requirements.

D.

Density. The total number of dwelling units per acre of land shall be calculated and described in the development agreement.

E.

Landscape buffer requirements. Landscape buffers shall comply with the requirements of chapter 10 of this code.

F.

Off-street parking and loading and unloading requirements. Off-street parking and loading/unloading areas shall comply with section 8.7.7. of this chapter. The city council may modify the off-street parking requirements for the number of the individual spaces provided that such action has been substantiated to the satisfaction of the city council by a study prepared by a professional traffic engineer. Any modifications to said requirements which may be granted by the city council shall be described in the PUD development agreement.

G.

Transportation impact analysis report. A transportation impact analysis report shall be required for any use which, according to the Institute of Transportation Engineers Trip Generation Manual, latest edition, rates published by the state department of transportation or rates documented by study and agreed to prior to use by the DSD, will generate in excess of 1,000 trips per day. The contents of the transportation impact analysis report shall meet the requirements of chapter 4.

8.6.18.

Live local overlay (LLO).

A.

Intent and purpose. The LLO provides mixed-use residential regulations and administrative review procedures for qualifying development projects in accordance with the Live Local Act ("state Act"), F.S. § 166.04151(7), as it may be amended from time to time. Notwithstanding the specific criteria identified herein, LLO proposals shall be consistent with the comprehensive plan and specifically, future land use element policy 5.1.2 and accomplish the following purposes:

1.

Promote orderly development consisting of compatible uses;

2.

Promote innovative site and building design, including traditional neighborhood developments;

3.

Provide for the efficient location and utilization of infrastructure, including an integrated network of streets and pedestrian/bicycle facilities;

4.

Establish open space areas for active and passive recreation and for the preservation of natural resources, significant natural features and vistas, and listed species habitats;

5.

Create usable and suitably located civic spaces, recreational facilities, open spaces and scenic areas;

6.

Provide for a coherent and visually attractive physical environment through the coordination and consistency of architectural styles, landscaping designs, appropriate buffer areas between land uses, and other elements of the built environment; and

7.

Provide for additional requirements as deemed necessary by the development services director to ensure compatibility with adjacent neighborhoods and effectively reduce potential adverse impacts.

B.

Applicability. This zoning overlay is applied to property containing the city's commercial (CG-1 or CG-2) and industrial (I-1 or I-2) zoning classifications for qualifying development projects seeking to take advantage of the pre-emptions identified in the Live Local Act, F.S. § 166.04151, as it may be amended from time to time.

1.

The city has less than 20 percent of the land area within its jurisdiction designated for commercial or industrial use. Therefore, the provisions of the state Act do not apply to properties with city mixed-use (MX-1 or MX-2) zoning classifications as allowed by the exception granted in F.S. § 166.04151(7)(q).

2.

The state Act does not apply to properties with planned unit development (PUD) zoning because these are existing contracts that establish particular land uses based on negotiated conditions.

3.

The state Act does not apply to properties with office transition (OT) zoning because this district is primarily a historic preservation category or with commercial recreation (CR) zoning because it is an open-space category.

C.

Permitted principal and conditional uses. Permitted principal and conditional uses are limited to those listed in section 8.6.1 of this chapter.

D.

Accessory uses and structures. Accessory uses and structures are limited to those uses and structures that meet the criteria of section 8.7.1 of this chapter.

E.

Mixed-Use residential requirement. Each individual LLO project must provide a minimum/maximum mixture of multifamily, nonresidential and institutional/civic uses to be constructed concurrently as follows:

*Multifamily or mixed-use buildings must use at least 65 percent of the building square footage for residential purposes.

F.

Lot and building requirements. Standards relating to lot and yard dimensions, size and placement of buildings on a lot, and density or intensity of developments shall be as specified in section 8.6.2 of this chapter. The following additional minimum requirements for LLO projects shall also apply:

1.

Project size: Five acres, which may be subdivided into minimum one-acre lots.

2.

Project perimeter multifamily building setbacks within industrial zoning districts:

a.

Front: 100 feet.

b.

Rear: 100 feet.

c.

Side: 100 feet.

3.

Maximum building length: No principal or accessory building shall exceed 200 feet in length or width.

4.

Building separation requirements: Building separation on any lot shall be 50 feet between building fronts or building fronts and building rears and 25 feet between any other combinations of building arrangements.

5.

Maximum lot coverage: The total lot area covered by principal and accessory buildings shall not exceed 40 percent. Swimming pools and their screen enclosures are excluded from this requirement.

6.

Open space: 15 percent of the square footage of any development shall be designated for the protection of trees in accordance with chapter 11 of this code.

G.

Off-street parking and loading requirements. Standards for off-street parking and loading and unloading shall be as specified in section 8.7.7 of this chapter. The TRC shall consider reducing minimum parking requirements consistent with F.S. § 166.04151(7)(f), as follows:

1.

Within one-quarter mile of a VOTRAN bus stop that is accessible from the LLO project and the bus stop contains at the least a VOTRAN sign, pole, and boarding and alighting area designed in accordance with VOTRAN's Transit Development Design Guidelines, as it may be amended from time to time.

2.

Reduced by at least 20 percent if located within one-half mile of a major transportation hub, which accommodates passenger transfers in areas where multiple routes converge and offer passenger amenities, including ticketing, vending and public restrooms. See major transfer centers design prototypes in VOTRAN's Transit Development Design Guidelines, as it may be amended from time to time.

3.

Has available public on-street parking, parking lot or parking garage within 600 feet of the proposed LLO project. The city may not require that the available parking compensate for the reduction in parking requirements.

4.

The city does not have any transit-oriented development or areas that would justify eliminating all parking requirements.

5.

The technical review committee (TRC) may otherwise modify the off-street parking requirements for the number of the individual spaces provided that such action has been substantiated to the satisfaction of the development services director by a study prepared by a professional traffic engineer. Any modifications to said requirements which may be granted by the TRC shall be described in the project development order.

H.

Sign regulations and building design. Standards as to the type, size and placement of signs shall be as specified in chapter 9 of this code. All buildings shall comply with the standards specified in chapter 10 of this code.

I.

Landscaping and buffers. Standards as to the type, extent and placement of landscape materials and buffers as may be applicable shall be as specified in chapter 10 of this code, and as follows:

1.

Project perimeter landscape buffer widths within industrial zoning districts shall be a minimum of 50 feet.

J.

Transportation impact analysis report. A transportation impact analysis report shall be required for any LLO project which, according to the Institute of Transportation Engineers Trip Generation Manual, latest edition, rates published by the state department of transportation or rates documented by study and agreed to prior to use by the DSD, will generate in excess of 1,000 trips per day. The contents of the transportation impact analysis report shall meet the requirements of chapter 4.

K.

Commercial uses. Commercial uses and structures shall be located and designed to serve the needs of the LLO residents. Commercial areas should normally be located in an area accessible from streets within the project. When commercial uses or structures are approved as part of an LLO project, the commercial operation shall begin concurrently with the certificates of occupancy for all dwelling units in the total project, unless otherwise provided in the development agreement.

L.

Underground utilities. Within a LLO project, all utility distribution lines, including telephone, television cable and electrical systems, shall be installed underground. However, appurtenances to said utilities requiring above ground installation may be exempted by the technical review committee.

M.

Administrative review.

1.

Preapplication stage. A preapplication meeting is required before a site plan or subdivision application can be accepted. After the preapplication meeting, a sketch plan may be submitted for review and comment prior to filing the application for final site plan or preliminary plat.

2.

Preapplication meeting. The preapplication meeting is intended to provide an opportunity for the applicant to obtain comments and recommendations from the development services department. No fee shall be charged. The applicant need not submit any plans or other information; however, the more information, such as sketch plans, proposed land uses, site information, adjacent land uses, and proposed density, that the applicant does submit, the more complete comments or recommendations may be obtained from the staff. As a minimum, the applicant will be advised of the required procedures and requirements.

3.

Sketch plan. After the preapplication meeting, a sketch plan may be submitted to the development services department. Written comments on the sketch plan shall be made by the department and any other interested departments within 30 days. The development services department shall coordinate this review with the technical review committee. The sketch plan exhibits must include:

a.

Name of project, street and email address, telephone and fax number of the developer and all professional project engineers, architects and planners.

b.

The date the plan was drawn, its scale, and a north arrow.

c.

Names and location of adjoining streets and names of abutting property owners.

d.

Legal description of property, boundary survey and the location of all existing streets, buildings, railroads, bulkhead lines, easements, and other important features in or adjoining the property.

e.

The general topography and physical conditions of the site, including natural areas of vegetation and type, wetland areas, 100-year floodplain areas, watercourses, water bodies, and natural drainage patterns.

f.

Conceptual configuration of proposed streets, which depict access into and traffic flow within the development, with particular reference to the separation of vehicular traffic from pedestrian or other types of traffic.

g.

General feasibility plans for potable water, sewage disposal, and stormwater drainage.

h.

Approximate location and area encompassed for each proposed land use within the development.

i.

Approximate location and size of common open space.

j.

A vicinity map showing the location of the proposed planned unit development, relationship to surrounding streets and thoroughfares, existing zoning on the site and surrounding areas, and existing land use on the site and surrounding areas within 500 feet.

k.

A topographic survey including floodprone delineations. The most recent USGS topographical survey and USGS floodprone mapping may be utilized.

l.

A soils survey, which may be based on the most recent Volusia County soils survey, drawn to the same scale as the preliminary plan, clearly identifying all soil types, especially those areas which are apparently not suitable for buildings or major structures due to soils limitations.

m.

A proposed utility service concept plan, including sanitary sewers, storm drainage, potable water supply, and water supplies for fire protection.

n.

A statement indicating that legal instruments will be created providing for the management of common areas and facilities.

o.

An analysis of the impact of the proposed planned unit development on roads, utilities, and other public facilities and services.

p.

Such additional material, maps, studies, or reports subsequently deemed necessary by any reviewing department or agency.

4.

Final site plan. An application for final site plan and such application fees as established by resolution of the city council shall be submitted to the development services department. The site plan shall be prepared and submitted in the manner required by this chapter. Site plan review and approval occurs as required by this code, except that the city manager shall act on behalf of the city council in all circumstances where public hearings before the city council are required.

5.

Written development agreement. The applicant shall prepare a written development agreement that follows a format supplied by the development services department at the preapplication meeting. The development agreement shall include any statements or information requested by any reviewing department or agency at the preapplication meeting, such as:

a.

Firm evidence of unified control of the entire area within the proposed LLO project, including a certificate of apparent ownership and encumbrance with the opinion of counsel representing the applicant establishing that the applicant has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations.

b.

Statement agreeing to proceed with the proposed development according to all regulations; provide appropriate performance and maintenance guarantees; and follow all other provisions of this code to the extent not expressly inconsistent with the written development agreement, and bind the applicant's successors in title to his commitments.

c.

Statement regarding the disposition of sewage and storm water, and arrangements for potable water.

d.

When the LLO project is planned for phased development, a schedule of the phases.

e.

A table showing acreage for each category of land use including roads, open space, and recreation, and a table of proposed maximum and average gross and net residential densities for residential land uses.

f.

The proposed language of any covenants, easements or other restrictions.

g.

Affordability commitment ensuring at least 40 percent of the multifamily residential units shall remain affordable, as defined in F.S. § 420.0004, for a period of at least 30 years by covenant, declaration of restriction, or other deed restriction in favor of the city ensuring compliance with this affordability requirement over time and providing for annual audits and monitoring program.

h.

Provisions for affordability commitment violations.

6.

Construction. During construction, the enforcement official shall enforce compliance with the approved development order and/or development agreements.

7.

Amendments. Minor amendments not altering the intent and purpose of the approved LLO project plan may be approved by the DSD. All other amendments shall require an application for site plan approval in accordance with these provisions.

N.

Equivalency of affordable dwelling units. Affordable dwelling units and market rate units within a qualifying development shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed, such that every qualifying development structure contains both affordable and market rate units in equal proportions; in no event shall a qualifying development structure consist entirely of market rate units.

O.

Denial. Denial of an application shall preclude the applicant from refiling the same application for 12 months from the date of denial.

(Ord. No. 210, Exh. A, 8-24-04; Ord. No. 454, § 1(Exh. A), 5-24-11; Ord. No. 683, § 3(Exh. C), 9-24-24)