This article provides specific zoning standards to implement the future land use map designations of neighborhood center, neighborhood activity corridor, and neighborhood residential.

(1)

These zoning standards are intended to facilitate the redevelopment of historic and/or established communities in Orange County with housing types and homeownership opportunities, as well as neighbor-hood-serving commercial and other residential support services, including office uses, civic uses, parks, and recreation.

(2)

These zoning standards promote a mix of land uses using a development pattern with various densities and intensities within a parcel, block, and/or district to recognize the urban nature of these areas and to preserve and enhance their unique character and sense of place.

(3)

Orange County has made investments in public services and infrastructure that will be protected by these zoning standards. These zoning standards address public health, safety, and welfare in the districts and enhance the function and appearance of development.

(4)

These zoning standards are consistent with the Economic Element of the Orange County Comprehensive Plan, which has been adopted by the county to accommodate and promote economic growth and which specifies that zoning may be used to achieve these ends.

(5)

The Constitution and laws of the State of Florida grant authority to the board of county commissioners to adopt and enforce land development regulations within the unincorporated area of Orange County.

(6)

These neighborhood districts regulations shall be administered by the county zoning division, except that any non-zoning aspects of these regulations shall be administered by the appropriate department or division.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 44, 9-13-16)

Editor's note— Ord. No. 2016-19, § 44, adopted Sept. 13, 2016, amended § 38-1725 and in so doing changed the title of said section from "Intent and purpose" to "Intent and purpose of districts," as set out herein.

The provisions of this article shall apply to all lands that have a future land use map designation of neighborhood center, neighborhood activity corridor or neighborhood residential, and a corresponding zoning district designation, unless otherwise exempt.

(1)

The redevelopment, reconfiguration, expansion or change of use of a site developed prior to the approval of a zoning district designation of NC, NAC or NR shall comply with the provision of this article, unless one of the following exemptions apply:

a.

The provisions of this article shall not apply to any property, structure or building for which a building permit has been issued by the county building official, a complete application for a building permit has been submitted to the county building division, or a complete application for a development plan or preliminary subdivision plan has been submitted to the county prior to December 2, 2003.

b.

The provisions of this article shall not apply to any site developed prior to the approval of a zoning district designation of NC, NAC or NR that conforms to the provisions of this article, but that does not meet the site and building standards specified in section 38-1501 or the applicable zoning district.

c.

The expansion of any building or structure existing prior to the approval of a zoning district designation of NC, NAC or NR shall not require retrofitting to meet the requirements of this article, (1) if the building has a gross floor area of five thousand (5,000) square feet or less and the expansion is less than twenty (20) percent of the gross floor area of the building, or (2) if the building has a gross floor area greater than five thousand (5,000) square feet and the expansion is less than twenty (20) percent of the existing gross floor area of the building and not in excess of five thousand (5,000) square feet of new gross floor area.

d.

The provisions of the article shall not apply to a vested established use designated as such pursuant to section 38-75. However, the provisions of this article shall apply to an established use that has lost its vested status in accordance with section 38-75(a)(3).

(2)

Any redevelopment, reconfiguration, expansion or change of use of a site developed prior to the approval of a zoning district designation of NC, NAC or NR which is exempt from the provisions of this article is not eligible to benefit from any development standards or incentives of this article.

Any unincorporated area having the future land use designation of neighborhood center, neighborhood activity corridor or neighborhood residential as of December 2, 2003 shall be the subject of a public hearing before the board of county commissioners on or before June 1, 2004, to consider whether to administratively rezone such area to the corresponding zoning district. No development permit shall be applied for or issued on lands having a future land use map designation of neighborhood center, neighborhood activity corridor or neighborhood residential until such land has been rezoned to the corresponding zoning district, unless otherwise exempt.

(Ord. No. 2003-18, § 2, 12-2-03)

Except as provided in this section, uses and structures made nonconforming as a result of a rezoning of property to NC, NAC or NR are subject to the provisions of article III of Chapter 38.

Destruction of nonconforming signs and the ability to rebuild such signs shall be subject to the nonconforming use provisions of section 38-53 (b). Nonconforming signage, excluding billboards, on properties that are vacant for one hundred eighty (180) days or more, as determined by a vacant structure on the property and sign face copy that is blank or does not advertise current business activity for that period, shall lose its nonconforming status. A vacant building shall be the primary factor for determining the expiration of nonconforming status of a sign. This subsection shall apply to single tenant structures and to multi-tenant structures where the entire multi-tenant structure is vacant. Upon occupancy of the structure by a business, signage that has lost its nonconforming status must come into compliance with this article. Any new signage on the property must be consistent with the signage requirements of this article.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 44, 9-13-16)

The NC neighborhood center district is intended to provide a neighborhood-serving, mixed-use, and pedestrian-scale environment where residents of urban communities in need of redevelopment can comfortably shop for their daily needs. A mixture of retail shops, restaurants, offices, civic uses, and residential units will characterize the NC district, complemented by an active and pleasant streetscape, tree-shaded sidewalks, and other pedestrian amenities. This intent and purpose are consistent with Future Land Use Element Policy FLU8.3.1 of the Orange County 2010-2030 Comprehensive Policy Plan. These NC neighborhood district regulations shall be administered by the county zoning division, except that any non-zoning aspects of these regulations shall be administered by the appropriate department or division.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 45, 9-13-16)

A use shall be permitted in the NC district if the use is identified by the letter "P" in the use table set forth in section 38-77. For master-planned redevelopment areas, defined as areas where lot assembly has taken place and a single site plan has been submitted for an area no less than five (5) acres, in the NC district, permitted uses shall be consistent with Future Land Use Element Policy FLU 1.1.4C of the Orange County Comprehensive Plan.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 45, 9-13-16)

(a)

A use shall be permitted as a special exception in the NC district if the use is identified by the letter "S" in the use table set forth in section 38-77.

(b)

Each application for a special exception shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts and driveways and shall be consistent with the criteria specified in the special exception application. The zoning manager may require additional information as deemed necessary. The site plan shall be submitted to and approved by the board of zoning adjustment (BZA) prior to the granting of a land use and building permit. Upon such approval, the site plan becomes part of the land use and building permit and may be amended only by the BZA.

(Ord. No. 2003-18, § 2, 12-2-03)

A use shall be prohibited in the NC district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 2003-18, § 2, 12-2-03)

Except as otherwise provided in this section, the site and building requirements shown in article XII of this chapter shall apply to all development within the NC district.

(1)

Architectural design requirements. Development shall conform to the architectural standards and guidelines for commercial buildings and projects, chapter 9, article XIII; of this Code.

(2)

Density and intensity standards. The following density and intensity standards shall apply to all development within the NC district.

a.

Floor area ratio shall not exceed 2.0.

b.

The maximum residential density shall not exceed forty (40) units per acre.

(3)

Circulation, access, and parking.

a.

Pedestrian and bicycle circulation. Pedestrian and bicycle circulation within the NC district shall be designed to accommodate pedestrians and bicyclists in a safe and convenient manner on development and redevelopment sites. Pedestrian accommodations shall meet all requirements of section 30-250.

1.

Notwithstanding the land use or uses on a development or redevelopment site, the pedestrian circulation requirements of section 38-833 shall apply to all uses and buildings except single-family detached residential uses.

2.

Nonresidential development sites with multiple buildings shall provide pedestrian walkways that connect all buildings at their primary entrances.

3.

The land between a building and the street must be landscaped and contain appropriate pedestrian amenities at a ratio of one pedestrian amenity per fifty lineal feet of lot width. Pedestrian amenities shall be weather-protected by roofing, shading or landscaping, shall be of endurable materials suitable for outdoor locations, and shall be free of commercially-oriented language and graphics. Appropriate pedestrian amenities shall be defined as drinking fountains, public benches or planters that provide permanent seating areas, covered trash receptacles that are not dumpsters, cabinet-style display areas for community bulletins, decorative patterned and textured paving in pedestrian circulation areas, outside seating areas for restaurants consistent with the requirements of section 38-79, and public art in the form of murals or sculpture reflecting community themes and completed by community-based organizations or professional artists. Exclusively residential developments are exempt from this requirement.

b.

Access management. Cross-access and access management consistent with section 30-248 shall be required during the development review process to maintain an effective and efficient roadway system and a safe environment for pedestrians and bicyclists.

1.

Commercial site plans shall depict stub-outs to adjacent parcels to accommodate future development or redevelopment activity and shall be reviewed by the county engineer. Where stub-outs are adjacent to parcels for which commercial site plans are under review, these plans shall depict connections to existing stub-outs. With these connections, commercial site plans are exempt from the landscaping requirements of section 24-4(a)(2).

2.

Developments that use shared driveways between adjacent parcels may be permitted to reduce fifteen (15) percent of the total off-street parking required on both parcels as specified in section 38-1476. This incentive may not be combined with any other off-street parking reduction specified in this section.

3.

Consistent with the intent of this section, access management shall not be pursued using street closures or cul-de-sacs.

4.

Waivers from these regulations shall be addressed by the development review committee (DRC).

c.

Parking. Parking facilities and ratios within the NC district shall be designed to avoid disruption of the urban development pattern with parking areas and to promote safe and convenient pedestrian access and circulation. Parking shall be consistent with the requirements of article XI of this chapter and the landscaping requirements of chapter 24, with the following exceptions:

1.

A fifteen (15) percent increase to the criteria established for the calculation of the minimum parking requirements specified in section 38-1476 shall be considered the maximum parking allowable on a development site.

2.

Parking areas in front of buildings shall be limited to one aisle of parking spaces, with additional required parking to be provided on the side or rear of buildings or in shared parking areas.

3.

Sharing of off-street parking between land uses shall be encouraged by reducing the total number of parking spaces required for all land uses by fifteen (15) percent. This incentive may not be combined with any other off-street parking reduction specified in this section. Notwithstanding the total number of spaces required, other provisions for shared parking specified section 38-1478 shall apply to shared parking. Additional parking reductions may be available upon submittal of a parking study by a qualified transportation engineer to the zoning manager demonstrating no adverse impacts to the surrounding area from parking reductions and demonstrating consistency with shared parking methodologies available from the Urban Land Institute. The zoning manager must approve any additional proposed reductions in parking.

4.

To encourage the development of mixed uses within buildings, the parking requirements of section 38-1476 shall be reduced by twenty (20) percent for buildings containing a mix of commercial, office, and residential uses, provided the building has at least twenty (20) percent of each use represented as a principal use and that the commercial use does not occupy more than sixty-five (65) percent of the gross floor area of the building. This incentive may not be combined with any other off-street parking reduction specified in this section.

5.

To promote the use of non-motorized transportation in a manner compatible with an urban development pattern, bicycle parking shall be provided consistent with sections 38-1484 and 38-1485.

(4)

Stormwater management.

a.

The design and construction of stormwater management systems within the NC district shall be in accordance with the chapter 34 of this Code and shall be reviewed by the county engineer. The stormwater management system shall be consistent with applicable master plans or special area studies and designed as an amenity where feasible.

b.

The county shall encourage property owners to prepare stormwater master plans for multiple properties containing at least one acre and/or provide shared retention. In addition, individual property owners shall be encouraged to aggregate multiple properties into building sites containing a minimum of one acre for the purpose of providing stormwater management for the entire site. Such properties may be resubdivided into individual lots with a common stormwater management system subject to meeting all other applicable requirements.

c.

A minimum of one (1) tree and five (5) shrubs shall be required for each one hundred (100) linear feet of stormwater management area edge. The plantings shall be chosen and located along the edge of the stormwater management area in accordance with approved planting species and requirements of chapter 24 of this Code. Waivers from this section shall be in accordance with chapter 24 of this Code.

d.

A stormwater management system shall count towards the overall amount of required open space if it is designed as an amenity with approved additional plantings over the minimum requirements specified in (3) above.

e.

Waivers from these regulations shall be addressed by the DRC.

(5)

Open space.

a.

Open space shall be provided as follows in the NC district:

1.

Residential: Twenty-five (25) percent of the total lot coverage.

2.

Nonresidential: Twenty (20) percent of the total lot coverage.

3.

To encourage the development of mixed uses within buildings, the open space requirements of shall be reduced to fifteen (15) percent for buildings containing a mix of commercial, office, and residential uses, provided the building has at least twenty (20) percent of each use represented as a principal use and that the commercial use does not occupy more than sixty-five (65) percent of the gross floor area of the building.

b.

Open space areas shall have a minimum dimension of five (5) feet in any direction and a minimum area of fifty (50) square feet. Open space shall have a minimum dimension of ten (10) feet in any direction and a minimum area of one hundred (100) square feet for lots over three (3) acres in size.

c.

Waivers from these regulations shall be addressed by the DRC.

(6)

Landscaping and streetscaping.

a.

Landscaping within the NC district shall be consistent with the requirements of chapter 24 of this Code, except as otherwise provided in this section.

b.

Planters at seat height or approximately two (2) feet in height shall be required along front and side yards every 30 linear feet.

c.

Buffers shall be required between NC uses and NR and all other residential uses. The buffer classification shall be a Type B, opaque buffer as defined in section 24-5(a)(2), except it shall be a minimum of seven (7) feet wide.

d.

Streetscaping. Reserved.

e.

Waivers from these regulations shall be addressed by the DRC.

(7)

Fencing. Fencing and walls shall meet current standards in accordance with section 38-1408.

a.

Temporary or permanent signage on fencing shall be prohibited.

b.

Notwithstanding the landscape and buffer requirements of chapter 24 of this Code, chain link fencing along front and side property lines shall be vinyl coated and screened by a landscape buffer. The landscape buffer shall be a minimum of five (5) feet in width and shall include a continuous hedge, a minimum of thirty-six (36) inches in height, and canopy trees planted an average of forty (40) feet on center. Canopy trees shall be in accordance with chapter 24 of this Code.

c.

Barbed wire and razor wire are prohibited on fencing or other structures.

d.

Fence or wall material shall not extend for a length of twenty-five (25) feet without a two (2) foot wide column break and/or a two (2) foot depth or height change(s). This standard does not apply to chain link fencing.

c.

Waivers from these regulations shall be addressed by the DRC.

(8)

Site plan. Each application for a land use and building permit shall be accompanied by a site plan that complies with the regulations established herein. The site plan shall be drawn to scale indicating the acreage of the property under review, the property's parcel tax ID number, property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landscaping. The site plan shall be submitted to and approved by authority and directive of the planning and zoning commission prior to the granting of a land use and building permit. Upon such approval, the site plan becomes part of the land use and building permit and may be amended only by authority and directive of the planning and zoning commission.

(9)

Variances and appeals. A person may seek a variance or appeal from the provisions of the NC district or from a decision or determination of the zoning manager pursuant to the variance and appeal procedures and standards of chapter 30 of this Code, unless otherwise provided for elsewhere in this Code. Variances and appeals from the signage standards of the NC district shall be reviewed based on the additional criteria specified in section 31.5-8.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2015-17, § 30(d), 9-22-15; Ord. No. 2016-19, § 45, 9-13-16; Ord. No. 2020-30, § 7SS, 10-13-20)

The intent of the NAC neighborhood activity corridor district is to provide a mixture of land uses along the main roadways serving an urban community in need of redevelopment. The NAC district is intended as a vital, pedestrian-oriented district that can support a variety of residential and support uses at an intensity greater than the surrounding neighborhoods, but less intense than the NC district. The NAC district should contain a variety of multi-family units, including townhouses, apartments above offices and retail, and loft options, complemented by offices, commercial and residential support services, residential, and limited retail space. This intent and purpose are consistent with Future Land Use Element Policy FLU8.3.1 of the Orange County 2010-2030 Comprehensive Plan. These NAC neighborhood activity corridor district regulations shall be administered by the county zoning division, except that any non-zoning aspects of these regulations shall be administered by the appropriate department or division.

(Ord. No. 2016-19, § 46, 9-13-16)

A use shall be permitted in the NAC district if the use is identified by the letter "P" in the use table set forth in section 38-77. For master-planned redevelopment areas, defined as areas where lot assembly has taken place and a single site plan has been submitted for an area no less than five (5) acres, in the NAC district, permitted uses shall be consistent with Future Land Use Element Policy FLU 1.1.4C of the Orange County Comprehensive Plan.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 46, 9-13-16)

(a)

A use shall be permitted as a special exception in the NAC district if the use is identified by the letter "S" in the use table set forth in section 38-77.

(b)

Each application for a special exception shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts and driveways and shall be consistent with the criteria specified in the special exception application. The zoning manager may require additional information as deemed necessary. The site plan shall be submitted to and approved by the board of zoning adjustment (BZA) prior to the granting of a land use and building permit. Upon such approval, the site plan becomes part of the land use and building permit and may be amended only by the BZA.

(Ord. No. 2003-18, § 2, 12-2-03)

A use shall be prohibited in the NAC district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 2003-18, § 2, 12-2-03)

Except as otherwise provided in this section, the site and building requirements shown in article XII of this chapter shall apply to all development within the NAC district.

(1)

Architectural design requirements. Development within the NAC district shall conform to architectural standards and guidelines for commercial buildings and projects, chapter 9, article XIII, of this Code.

(2)

Density and intensity standards. The following density and intensity standards shall apply to all development within the NAC district.

a.

Floor area ratio shall not exceed 1.0.

b.

The maximum residential density shall not exceed twenty-five (25) units per acre.

(3)

Circulation, access, and parking.

a.

Pedestrian and bicycle circulation. Pedestrian and bicycle circulation within the NAC district shall be designed to accommodate pedestrians and bicyclists in a safe and convenient manner on development and redevelopment sites. Pedestrian accommodations shall meet all requirements of section 30-250.

1.

Notwithstanding the land use or uses on a development or redevelopment site, the pedestrian circulation requirements of section 38-833 shall apply to all uses and buildings except single-family detached residential uses.

2.

Nonresidential development sites with multiple buildings shall provide pedestrian walkways that connect all buildings at their primary entrances.

b.

Access management. Cross-access and access management consistent with section 30-248 shall be required during the development review process to maintain an effective and efficient roadway system and a safe environment for pedestrians and bicyclists.

1.

Commercial site plans shall depict stub-outs to adjacent parcels to accommodate future development or redevelopment activity and shall be reviewed by the county engineer. Where stub-outs are adjacent to parcels for which commercial site plans are under review, these plans shall depict connections to existing stub-outs. With these connections, commercial site plans are exempt from the landscaping requirements of section 24-4(a)(2).

2.

Developments that use shared driveways between adjacent parcels may be permitted to reduce fifteen (15) percent of the total off-street parking required on both parcels as specified in section 38-1476. This incentive may not be combined with any other off-street parking reduction specified in this section.

3.

Consistent with the intent of this section, access management shall not be pursued using street closures or cul-de-sacs.

4.

Waivers from these regulations shall be addressed by the development review committee (DRC).

c.

Parking. Parking facilities and ratios within the NAC district shall be designed to avoid disruption of the urban development pattern with parking areas and to promote safe and convenient pedestrian access and circulation. Parking shall be consistent with the requirements of article XI of this chapter and the landscaping requirements of chapter 24, with the following exceptions:

1.

A fifteen (15) percent increase to the criteria established for the calculation of the minimum parking requirements specified in Section 38-1476 shall be considered the maximum parking allowable on a development site.

2.

Parking areas in front of buildings shall be limited to one aisle of parking spaces, with additional required parking to be provided on the side or rear of buildings or in shared parking areas.

3.

Sharing of off-street parking between land uses shall be encouraged by reducing the total number of parking spaces required for all land uses by fifteen (15) percent. This incentive may not be combined with any other off-street parking reduction specified in this section. Notwithstanding the total number of spaces required, other provisions for shared parking specified section 38-1478 shall apply to shared parking. Additional parking reductions may be available upon submittal of a parking study by a qualified transportation engineer to the zoning manager demonstrating no adverse impacts to the surrounding area from parking reductions and demonstrating consistency with shared parking methodologies available from the Urban Land Institute. The zoning manager must approve any additional proposed reductions in parking.

4.

To encourage the development of mixed uses within buildings, the parking requirements of section 38-1476 shall be reduced by twenty (20) percent for buildings containing a mix of commercial, office, and residential uses, provided the building has at least twenty (20) percent of each use represented as a principal use and that the commercial use does not occupy more than sixty-five (65) percent of the gross floor area of the building. This incentive may not be combined with any other off-street parking reduction specified in this section.

5.

To promote the use of nonmotorized transportation in a manner compatible with an urban development pattern, bicycle parking shall be provided consistent with sections 38-1484 and 38-1485.

(4)

Stormwater management.

a.

The design and construction of stormwater management systems within the NAC district shall be in accordance with chapter 34 of this Code and shall be reviewed by the county engineer. The stormwater management system shall be consistent with applicable master plans or special area studies and designed as an amenity where feasible.

b.

The county shall encourage property owners to prepare stormwater master plans for multiple properties containing at least one acre and/or provide shared retention. In addition, individual property owners shall be encouraged to aggregate multiple properties into building sites containing a minimum of one acre for the purpose of providing stormwater management for the entire site. Such properties may be resubdivided into individual lots with a common stormwater management system subject to meeting all other applicable requirements.

c.

A minimum of one (1) tree and five (5) shrubs shall be required for each one hundred (100) linear feet of stormwater management area edge. The plantings shall be chosen and located along the edge of the stormwater management area in accordance with approved planting species and requirements of chapter 24 of this Code. Waivers from this subsection shall be in accordance with chapter 24 of this Code.

d.

A stormwater management system shall count towards the overall amount of required open space if it is designed as an amenity with approved additional plantings over the minimum requirements specified in (3) above.

e.

Waivers from these regulations shall be addressed by the DRC.

(5)

Open space.

a.

Open space shall be provided as follows in the NAC district:

1.

Residential: Twenty-five (25) percent of the total lot coverage.

2.

Nonresidential: Twenty (20) percent of the total lot coverage.

3.

To encourage the development of mixed uses within buildings, the open space requirements of shall be reduced to fifteen (15) percent for buildings containing a mix of commercial, office, and residential uses, provided the building has at least twenty (20) percent of each use represented as a principal use and that the commercial use does not occupy more than sixty-five (65) percent of the gross floor area of the building.

b.

Open space areas shall have a minimum dimension of five (5) feet in any direction and a minimum area of fifty (50) square feet. Open space shall have a minimum dimension of ten (10) feet in any direction and a minimum area of one hundred (100) square feet for lots over three (3) acres in size.

c.

Waivers from these regulations shall be addressed by the DRC.

(6)

Landscaping and streetscaping.

a.

Landscaping within the NAC district shall be consistent with the requirements of chapter 24 of this Code, except as otherwise provided in this section.

b.

Planters at seat height or approximately two (2) feet in height shall be required along front and side yards every thirty (30) linear feet.

c.

Buffers shall be required between NAC uses and NR and all other residential uses. The buffer classification shall be a Type C, opaque buffer, as defined in section 24-5(a)(3), except it shall be a minimum of five (5) feet wide.

d.

Streetscaping. Reserved.

e.

Waivers from these regulations shall be addressed by the DRC.

(7)

Fencing. Fencing and walls shall meet current standards in accordance with section 38-1408.

a.

Temporary or permanent signage on fencing shall be prohibited.

b.

Notwithstanding the landscape and buffer requirements of chapter 24 of this Code, chain link fencing along front and side property lines shall be vinyl coated and screened by a landscape buffer. The landscape buffer shall be a minimum of five (5) feet in width and shall include a continuous hedge a minimum of thirty-six (36) inches in height and canopy trees planted an average of forty (40) feet on center. Canopy trees shall be in accordance with chapter 24 of this Code.

c.

Barbed wire and razor wire are prohibited on fencing or other structures.

d.

Fence or wall material shall not extend for a length of twenty-five (25) feet without a two (2) foot wide column break and/or a two (2) foot depth or height change(s). This standard does not apply to chain link fencing.

c.

Waivers from these regulations shall be addressed by the DRC.

(8)

Signage. Except as provided below, signage in the NAC district shall comply with the requirements established in chapter 31.5 of this Code, with a maximum of two (2) signs per site or parcel. Nonconforming signs shall be subject to the provisions of section 31-5.7 and to section 38-1727(c). If a conflict is present between the regulations in this article and chapter 31.5 of this Code, then the provisions of this article shall apply.

a.

Prohibited signs. In addition to the signs prohibited by section 31.5-14, the following signs, as defined by section 31-5.5, shall be prohibited:

1.

Animated signs;

2.

Billboards;

3.

Rotating, flashing, or blinking signs;

4.

Neon signs, except those used as window signs to indicate whether a business is open or closed;

5.

Roof signs;

6.

Pole or pylon signs; and

7.

Portable trailer signs.

b.

Permanent on-site signs. Notwithstanding the specific development standards for individual signs, and except as may be prohibited by this division, permanent on-site signage within the NAC district shall be permitted in accordance with article II, division 2 of chapter 31.5 and the following standards:

1.

Ground signs. Except as provided in this section, ground signs may be permitted in accordance with section 31.5-67.

a.

One (1) ground sign shall be allowed on a site or parcel.

b.

The maximum allowable copy area for a ground sign for a single tenant on a site shall be sixty (60) square feet. Multi-tenant sites shall be allowed a total of eighty (80) square feet of signage for all tenants or establishments on the site, and the distribution of signage must be consistent with chapter 31.5 of this Code.

c.

The maximum height of a ground sign, including frame, shall be six (6) feet. The sign frame shall not extent more than one (1) foot outside the copy area of the sign.

2.

Wall signs. Except as provided in this section, wall signs or facie signs may be permitted in accordance with section 31.5-72.

a.

One (1) wall sign shall be permitted per building face for a single tenant or per store front for a multi-tenant site.

b.

The maximum allowable copy area for a wall or facia sign shall be eighty (80) square feet. Multi-tenant sites shall be allowed a total of one hundred (100) square feet of signage for all tenants or establishments on the site.

c.

Where canopies are used in conjunction with gasoline islands and pumps, an additional ten (10) feet of copy area shall be permitted on the canopy only. No portion of the canopy other than the sign area shall be backlit.

d.

A wall sign shall not extend more than twelve (12) inches from the wall on which it is erected and shall not extend past the storefront or the roof of the building.

e.

A wall sign shall only advertise or identify the establishment on the parcel and shall not include changeable copy.

3.

Marquee and awning signs. Except as provided in this section, marquee signs and awning signs may be permitted in accordance with section 31.5-69.

a.

The maximum copy area of any marquee or awning sign shall be twelve (12) square feet.

b.

The minimum clearance of any marquee sign or awning sign shall be nine (9) feet, except that if the sign extends over a vehicular accessway on a parcel, the minimum clearance shall be thirteen and one-half (13.5) feet.

c.

A marquee sign or an awning sign only shall advertise or identify the establishment on the parcel and shall not include changeable copy.

4.

Window signs. The maximum copy area of any window sign shall be twenty-five (25) percent of the total window area. The maximum letter size, excluding business logos, on any window sign shall be six (6) inches.

5.

Signs identifying a subdivision, mobile home park, or multi-family development. Signs identifying a subdivision, mobile home park, or multi-family development in the NAC district may be permitted in accordance with section 31.5-73 and the following standards:

a.

The maximum allowable copy area of the primary identification sign for a commercial, office, or residential subdivision, a mobile home park, or a multi-family development shall be sixty (60) square feet, and the maximum allowable copy area of any secondary sign shall be thirty (30) square feet.

b.

Identification signs that are ground signs shall be a maximum of eight (8) feet in height and shall otherwise be subject to the height requirements of section 31.5-67.

c.

Identification signs that are wall or facia signs shall not extend more than twelve (12) inches from the surface on which it is erected and shall otherwise be subject to the extension requirements of section 31.5-72.

(c)

Sign incentives. In addition to the copy area incentives related to building height contained in section 31.5-15(a)(3), the following sign incentives are available in the NAC district:

1.

A ten (10) percent increase in ground sign copy area and a two (2) foot increase in ground sign height will be permitted where adjacent parcels mount signs on one shared ground or monument base.

2.

A ten (10) percent increase in ground sign copy area will be permitted for signs that are not internally lighted and use ground-mounted spot lighting.

3.

On parcels where a nonconforming sign, excluding pole signs, is permanently removed and a new sign installed consistent with the standards of the NAC district, the new sign shall be permitted at seventy (70) percent of the maximum allowable copy area and height of the nonconforming sign.

(9)

Site plan. Each application for a land use and building permit shall be accompanied by a site plan that complies with the regulations established herein. The site plan shall be drawn to scale indicating the acreage of the property under review, the property's parcel tax ID number, property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landscaping. The site plan shall be submitted to and approved by authority and directive of the planning and zoning commission prior to the granting of a land use and building permit. Upon such approval, the site plan becomes part of the land use and building permit and may be amended only by authority and directive of the planning and zoning commission.

(10)

Variances and appeals. A person may seek a variance or appeal from the provisions of the NAC district or from a decision or determination of the zoning manager pursuant to the variance and appeal procedures and standards of Chapter 30 of this Code, unless otherwise provided for elsewhere in this Code. Variances and appeals from the signage standards of the NAC district shall be reviewed based on the additional criteria specified in section 31.5-8.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 46, 9-13-16; Ord. No. 2020-30, § 7TT, 10-13-20)

The purpose of the NR neighborhood residential district is to provide a transition from mixed-use areas to lower-density residential areas to promote the redevelopment of urban communities. The NR district will provide a diversity of housing types at densities higher than surrounding neighborhoods, complemented by parks, recreation areas and civic uses essential to community gathering. The district will be pedestrian in nature, with sidewalk-lined, tree-shaded streets naturally clamed by on-street parking and an active environment. This intent and purpose are consistent with Future Land Use Element Policy FLU8.3.1 of the Orange County Comprehensive Plan. These NR neighborhood residential district regulations shall be administered by the county zoning division, except that any non-zoning aspects of these regulations shall be administered by the appropriate department or division.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 47, 9-13-16)

A use shall be permitted in the NR district if the use is identified by the letter "P" in the use table set forth in section 38-77. For master-planned redevelopment areas, defined as areas where lot assembly has taken place and a single site plan has been submitted for an area no less than five (5) acres, in the NR district, permitted uses shall be consistent with Future Land Use Element Policy FLU 1.1.4C of the Orange County Comprehensive Plan.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2016-19, § 47, 9-13-16)

(a)

A use shall be permitted as a special exception in the NR district if the use is identified by the letter "S" in the use table set forth in section 38-77.

(b)

Each application for a special exception shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts and driveways and shall be consistent with the criteria specified in the special exception application. The zoning manager may require additional information as deemed necessary. The site plan shall be submitted to and approved by the board of zoning adjustment (BZA) prior to the granting of a land use and building permit. Upon such approval, the site plan becomes part of the land use and building permit and may be amended only by the BZA.

(Ord. No. 2003-18, § 2, 12-2-03)

A use shall be prohibited in the NC district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 2003-18, § 2, 12-2-03)

Except as otherwise provided in this section, the site and building requirements shown in article XII of this chapter shall apply to all development within the NR district.

(1)

Architectural design requirements. Nonresidential development with the NR district shall conform to the architectural standards and guidelines for commercial buildings and projects, chapter 9, article XIII, of this Code.

(2)

Density and intensity standards. The following density and intensity standards shall apply to all development within the NR district.

a.

Floor area ratio shall not exceed .40.

b.

The maximum residential density shall not exceed twenty (20) units per acre.

(3)

Townhouse performance standards. The townhouse performance standards are intended to offer high-quality design in development as a fee simple alternative to conventional single family development. Design flexibility for site planning is intended to allow townhouse development that has vehicular access and parking at the rear of the lot, reduced front yard setbacks, and elevated first floors. The following development standards shall apply to development of attached units on individual lots within the NR district.

a.

Maximum number of units per building: Six (6).

b.

Minimum building setback requirements: See section 38-1501.

c.

Townhouses and apartments shall have a first floor front elevation a minimum of eighteen (18) inches above finished sidewalk grade.

d.

In order to support pedestrian-scale development, apartments should incorporate certain design elements, such as porches, bays, balconies and entryways, which are visible from the street.

(4)

Circulation, access, and parking.

a.

Pedestrian and bicycle circulation. Pedestrian and bicycle circulation within the NR district shall be designed to accommodate pedestrians and bicyclists in a safe and convenient manner on development and redevelopment sites.

1.

Notwithstanding the land use or uses on a development or redevelopment site, the pedestrian circulation requirements of section 38-833 shall apply to all uses and buildings except single-family detached residential uses.

2.

Nonresidential development sites with multiple buildings shall provide pedestrian walkways that connect all buildings at their principal entrances.

b.

Access management. Cross-access and access management shall be required during the development review process to maintain an effective and efficient roadway system and a safe environment for pedestrians and bicyclists.

1.

Commercial site plans shall depict stub-outs to adjacent parcels to accommodate future development or redevelopment activity and shall be reviewed by the county engineer. Where stub-outs are adjacent to parcels for which commercial site plans are under review, these plans shall depict connections to existing stub-outs. With these connections, commercial site plans are exempt from the landscaping requirements of section 24-4(a)(2).

2.

Developments that use shared driveways between adjacent parcels may be permitted to reduce fifteen (15) percent of the total off-street parking required on both parcels as specified in section 38-1476. This incentive may not be combined with any other off-street parking reduction specified in this section.

3.

Consistent with the intent of this section, access management shall not be pursued using street closures or cul-de-sacs.

4.

Waivers from these regulations shall be addressed by the development review committee (DRC).

c.

Parking. Parking facilities and ratios shall be designed to avoid disruption of the urban development pattern with parking areas and to promote safe and convenient pedestrian access and circulation. Parking shall be consistent with the requirements of article XI of this chapter and the landscaping requirements of chapter 24, with the following exceptions:

1.

A fifteen (15) percent increase to the criteria established for the calculation of the minimum parking requirements specified in section 38-1476 shall be considered the maximum parking allowable on a development site.

2.

Parking areas in front of buildings shall be limited to one aisle of parking spaces, with additional required parking to be provided on the side or rear of buildings or in shared parking areas.

3.

Sharing of off-street parking between land uses shall be encouraged by reducing the total number of parking spaces required for all land uses by fifteen (15) percent. This incentive may not be combined with any other off-street parking reduction specified in this section. Notwithstanding the total number of spaces required, other provisions for shared parking specified section 38-1478 shall apply to shared parking. Additional parking reductions may be available upon submittal of a parking study by a qualified transportation engineer to the zoning manager demonstrating no adverse impacts to the surrounding area from parking reductions and demonstrating consistency with shared parking methodologies available from the Urban Land Institute. The zoning manager must approve any additional proposed reductions in parking.

4.

To promote the use of alternative modes of transportation in a manner compatible with an urban development pattern, a minimum of two bicycle parking spaces shall be provided where ten (10) or more vehicular parking spaces are required, with additional bicycle parking spaces required at a ratio of one bicycle parking space for every ten (10) vehicular parking spaces. No more than fifteen (15) bicycle spaces are required in any case.

(5)

Stormwater management.

a.

The design and construction of stormwater management systems within the NR district shall be in accordance with chapter 34 of this Code, and shall be reviewed by the county engineer. The stormwater management system shall be consistent with applicable master plans or special area studies and designed as an amenity where feasible.

b.

The county shall encourage property owners to prepare stormwater master plans for multiple properties containing at least one acre and/or provide shared retention. In addition, individual property owners shall be encouraged to aggregate multiple properties into building sites containing a minimum of one acre for the purpose of providing stormwater management for the entire site. Such properties may be resubdivided into individual lots with a common stormwater management system subject to meeting all other applicable requirements.

c.

A minimum of one (1) tree and five (5) shrubs shall be required for each one hundred (100) linear feet of stormwater management area edge. The plantings shall be chosen and located along the edge of the stormwater management area in accordance with approved planting species and requirements of chapter 24 of this Code. Waivers from this section shall be in accordance with chapter 24 of this Code.

d.

A stormwater management system shall count towards the overall amount of required open space if it is designed as an amenity with approved additional plantings over the minimum requirements specified in (3) above.

e.

Waivers from these regulations shall be addressed by the DRC.

(6)

Open space.

a.

In the NR district, residential private open space shall be twenty-five (25) percent of the total lot coverage.

b.

Open space areas shall have a minimum dimension of five (5) feet in any direction and a minimum area of fifty (50) square feet. Open space shall have a minimum dimension of ten (10) feet in any direction and a minimum area of one hundred (100) square feet for lots over three (3) acres in size.

c.

Waivers from these regulations shall be addressed by the DRC.

(7)

Landscaping and streetscaping.

a.

Landscaping within the NR district shall be consistent with the requirements of chapter 24 of this Code, except as otherwise provided in this section.

b.

Buffers. NR uses shall be considered residential uses for the purpose of determining buffers required of industrial, commercial, and office uses in zoning districts other than NAC and NC. These buffers shall be consistent with the requirements of section 24-5.

c.

Streetscaping. Reserved.

d.

Waivers from these regulations shall be addressed by the DRC.

(8)

Fencing. Fencing and walls shall meet current standards in accordance with section 38-1408.

a.

Temporary or permanent signage on fencing shall be prohibited.

b.

Notwithstanding the landscape and buffer requirements of chapter 24 of this Code, chain link fencing along front and side property lines shall be vinyl coated and screened by a landscape buffer. The landscape buffer shall be a minimum of five (5) feet in width and shall include a continuous hedge a minimum of thirty-six (36) inches in height and canopy trees planted an average of forty (40) feet on center. Canopy trees shall be provided in accordance with chapter 24 of this Code.

c.

Barbed wire and razor wire are prohibited on fencing or other structures.

d.

Fence or wall material shall not extend for a length of twenty-five (25) feet without a two (2) foot wide column break and/or a two (2) foot depth or height change (s). This standard does not apply to chain link fencing.

e.

Waivers from these regulations shall be addressed by the DRC.

(9)

Site plan. Each application for a land use and building permit for development other than single-family residential of fewer than four units shall be accompanied by a site plan that complies with the regulations established herein. The site plan shall be drawn to scale indicating the acreage of the property under review, the property's parcel tax ID number, property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landscaping. The site plan shall be submitted to and approved by authority and directive of the planning and zoning commission prior to the granting of a land use and building permit. Upon such approval, the site plan becomes part of the land use and building permit and may be amended only by authority and directive of the planning and zoning commission.

(10)

Variances and appeals. A person may seek a variance or appeal from the provisions of the NR district or from a decision or determination of the zoning manager pursuant to the variance and appeal procedures and standards of chapter 30 of this Code, unless otherwise provided for elsewhere in this Code. Variances and appeals from the signage standards of the NR district shall be reviewed based on the additional criteria specified in section 31.5-8.

(Ord. No. 2003-18, § 2, 12-2-03; Ord. No. 2015-17, § 30(d), 9-22-15; Ord. No. 2016-19, § 47, 9-13-16)