The areas included in an R-1 single-family dwelling district are of the same general character as R-1-AA and R-1-A, but with smaller minimum lots and yards, and a corresponding increase in population density.

(P & Z Res., art. VI, § 1)

A use shall be permitted in the R-1 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. VI, § 2; Ord. No. 95-16, § 7, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-1 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. The site plan shall be submitted to and approved by the board of zoning adjustment 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 board of zoning adjustment.

(P & Z Res., art. VI, § 3; Ord. No. 95-16, § 7, 6-27-95)

A use shall be prohibited in the R-1 district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 10, 12-22-92; Ord. No. 95-16, § 7, 6-27-95)

See Article XI of this chapter.

(P & Z Res., art. VI, § 4; Ord. No. 92-41, § 10, 12-22-92)

See Article XII of this chapter.

(P & Z Res., art. VI, § 5; Ord. No. 92-41, § 10, 12-22-92)

The areas included within R-1-AA and R-1-A single-family dwelling districts are intended to be single-family residential areas with large lots and low population densities. Certain structures and uses required to serve educational, religious, utilities and noncommercial recreational needs of such areas are permitted within the districts as special exceptions.

(P & Z Res., art. V, § 1)

A use shall be permitted in the R-1A or R-1-AA district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. V, § 2; Ord. No. 91-15, § 6, 6-18-91; Ord. No. 95-16, § 8, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-1A or R-1-AA 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. The site plan shall be submitted to and approved by the board of zoning adjustment 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 board of zoning adjustment.

(Ord. No. 92-41, § 11, 12-22-92)

(P & Z Res., art. V, § 3; Ord. No. 91-15, § 7, 6-18-91; Ord. No. 95-16, § 8, 6-27-95)

A use shall be prohibited in the R-1A or R-1-AA district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 12, 12-22-92; Ord. No. 95-16, § 8, 6-27-95)

See Article XI of this chapter.

(P & Z Res., art. V, § 4; Ord. No. 92-41, § 12, 12-22-92)

See Article XII of this chapter.

(P & Z Res., art. V, § 5; Ord. No. 92-41, § 12, 12-22-92)

The intent and purpose of the R-1AAA residential urban district is to provide for single-family homes of a low density within the existing or planned urban service area.

(P & Z Res., art. XXXII, § 1)

A use shall be permitted in the R-1AAA district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. XXXII, § 2; Ord. No. 91-15, § 24, 6-18-91; Ord. No. 95-16, § 9, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-1AAA 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. The site plan shall be submitted to and approved by the board of zoning adjustment prior to the granting of a land use and building permit. Upon such approval, the site plan becomes a part of the land use and building permit and may be amended only by the board of zoning adjustment.

(Ord. No. 92-41, § 13, 12-22-92)

(P & Z Res., art. XXXII, § 3; Ord. No. 91-15, § 25, 6-18-91; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 93-11, § 3, 4-27-93; Ord. No. 95-16, § 9, 6-27-95)

A use shall be prohibited in the R-1AAA district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 14, 12-22-92; Ord. No. 95-16, § 9, 6-27-95)

See Article XI of this chapter.

(P & Z Res., art. XXXII, § 4; Ord. No. 92-41, § 14, 12-22-92)

See Article XII of this chapter.

(P & Z Res., art. XXXII, § 5; Ord. No. 92-41, § 14, 12-22-92; Ord. No. 2023-46, § 13, 12-12-23)

The intent and purpose of the R-1AAAA residential urban district is to provide for single-family homes in low density areas within the existing or planned urban service area.

(P & Z Res., art. XXXIII, § 1)

A use shall be permitted in the R-1AAAA district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. XXXIII, § 2; Ord. No. 91-15, § 26, 6-18-91; Ord. No. 95-16, § 10, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-1AAAA 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. The site plan shall be submitted to and approved by the board of zoning adjustment prior to the granting of a land use and building permit. Upon such approval the site plan becomes a part of the land use and building permit and may be amended only by the board of zoning adjustment.

(Ord. No. 92-41, § 15, 12-22-92)

(P & Z Res., art. XXXIII, § 3; Ord. No. 91-15, § 27, 6-18-91; Ord. No. 93-11, § 4, 4-27-93; Ord. No. 95-16, § 10, 6-27-95)

A use shall be prohibited in the R-1AAAA district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 16, 12-22-92; Ord. No. 95-16, § 10, 6-27-95)

See Article XI of this chapter.

(P & Z Res., art. XXXIII, § 4; Ord. No. 92-41, § 16, 12-22-92)

See Article XII of this chapter.

(P & Z Res., art. XXXIII, § 5; Ord. No. 92-41, § 16, 12-22-92; Ord. No. 97-03, § 2, 2-25-97)

The purpose of the country estate district is to establish areas where very low residential densities may be maintained and where investment in homes will be protected from the adverse effects sometimes found in agricultural districts. This district is primarily residential. However, certain uses found only in agricultural districts may be permitted as special exceptions.

(P & Z Res., art. XXVII, § 1)

A use shall be permitted in the R-CE district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. XXVII, § 2; Ord. No. 91-15, § 21, 6-18-91; Ord. No. 92-1, §§ 5, 13, 1-21-92; Ord. No. 95-16, § 11, 6-27-95)

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

(P & Z Res., art. XXVII, § 3; Ord. No. 92-41, § 17, 12-22-92; Ord. No. 95-16, § 11, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-CE 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. The site plan shall be submitted to and approved by the board of zoning adjustment prior to the granting of a land use and building permit. Upon such approval, the site plan becomes a part of the land use and building permit and may be amended only by the board of zoning adjustment.

(Ord. No. 92-41, § 18, 12-22-92)

(P & Z Res., art. XXVII, § 4; Ord. No. 91-15, § 22, 6-18-91; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 95-16, § 11, 6-27-95)

See Article XII of this chapter.

(P & Z Res., art. XXVII, § 5; Ord. No. 95-20, § 4, 7-25-95; Ord. No. 97-03, § 2, 2-25-97)

Same as provided in article XI of this chapter.

(P & Z Res., art. XXVII, § 6)

The intent and purpose of the R-CE-2 rural residential district is to provide for single-family ownership in a rural atmosphere to be located principally in the rural service area; and to permit limited agricultural uses which are compatible with a rural residential environment by providing protection from adverse agricultural uses.

(P & Z Res., art. XXXV, § 1)

A use shall be permitted in the R-CE-2 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. XXXV, § 2; Ord. No. 91-15, § 30, 6-18-91; Ord. No. 92-1, § 13, 1-21-92; Ord. No. 95-16, § 12, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-CE-2 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. The site plan shall be submitted to and approved by the board of zoning adjustment 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 board of zoning adjustment.

(Ord. No. 92-41, § 19, 12-22-92)

(P & Z Res., art. XXXV, § 3; Ord. No. 91-15, § 31, 6-18-91; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 95-16, § 12, 6-27-95)

A use shall be prohibited in the R-CE-2 district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 20, 12-22-92; Ord. No. 95-16, § 12, 6-27-95)

See Article XII of this chapter.

(P & Z Res., art. XXXV, § 4; Ord. No. 92-41, § 20, 12-22-92; Ord. No. 97-03, § 2, 2-25-97)

See Article XI of this chapter.

(P & Z Res., art. XXXV, § 5; Ord. No. 92-41, § 20, 12-22-92)

The intent and purpose of the R-CE-5 rural county estate residential district is to provide for single-family home ownership in a rural atmosphere, to be located within the existing or planned rural service area; and to permit limited agricultural uses which are compatible with a residential environment by providing protection from adverse agricultural uses.

(P & Z Res., art. XXXIV, § 1)

A use shall be permitted in the R-CE-5 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. XXXIV, § 2; Ord. No. 91-15, § 28, 6-18-91; Ord. No. 92-1, § 13, 1-21-92; Ord. No. 95-16, § 13, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-CE-5 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. The site plan shall be submitted to and approved by the board of zoning adjustment 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 board of zoning adjustment.

(Ord. No. 92-41, § 21, 12-22-92)

(P & Z Res., art. XXXIV, § 3; Ord. No. 91-15, § 29, 6-18-91; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 95-16, § 13, 6-27-95)

A use shall be prohibited in the R-CE-5 district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 22, 12-22-92; Ord. No. 95-16, § 13, 6-27-95)

See Article XI of this chapter.

(P & Z Res., art. XXXIV, § 4; Ord. No. 92-41, § 22, 12-22-92)

See Article XII of this chapter.

(P & Z Res., art. XXXIV, § 5; Ord. No. 92-41, § 22, 12-22-92; Ord. No. 97-03, § 2, 2-25-97)

The intent and purposes of the R-2 residential district are as follows:

(1)

To provide for the development of single-family detached and attached dwelling units containing a maximum of four (4) units per residential building within areas designated in adopted county development plans and policies for low-medium and medium density residential development.

(2)

To encourage the development of attached dwelling units in a manner compatible with the detached dwellings permitted in single-family residential districts when and where adequate access and public service are available.

(3)

To establish standards for low-medium and medium density residential development adequate to protect the public health, safety, and general welfare.

(P & Z Res., art. VII, § 1; Ord. No. 93-11, § 5, 4-27-93)

Editor's note— Ord. No. 93-11, § 5, approved Apr. 27, 1993, deleted, in effect repealed, § 38-452 which pertained to definitions and derived from P & Z Res., art. VII, § 2, as amended by Ord. No. 92-42, § 4, approved Dec. 15, 1992.

A use shall be permitted in the R-2 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. VII, § 3; Ord. No. 91-15, § 8, 6-18-91; Ord. No. 93-11, § 5, 4-27-93; Ord. No. 95-16, § 14, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-2 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 meet the standards of section 38-456. The site plan shall be submitted to and approved by the board of zoning adjustment 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 board of zoning adjustment.

(Ord. No. 92-41, § 23, 12-22-92)

(P & Z Res., art. VII, § 4; Ord. No. 91-15, § 9, 6-18-91; Ord. No. 93-11, § 5, 4-27-93; Ord. No. 95-16, § 14, 6-27-95)

A use shall be prohibited in the R-2 district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 24, 12-22-92; Ord. No. 95-16, § 14, 6-27-95)

(a)

See Article XII of this chapter.

(b)

A minimum of ten (10) feet shall be provided between any two (2) structures containing no more than two (2) dwelling units on the same lot or parcel. Structures containing three (3) or more dwelling units shall maintain a minimum twenty-foot separation between any other structure on the same lot or parcel.

(c)

Detached and attached dwellings shall be a permitted use, provided that not more than four (4) dwelling units shall be contained in any combination of attached dwellings and their customary uses.

(d)

For multi-family or any non-residential uses, refuse or solid waste areas shall comply with the following:

(1)

Shall not be located within any front yard;

(2)

Shall not be located within any landscape buffer;

(3)

Shall be located at least five (5) feet from any side or rear property line;

(4)

Shall be located at least fifteen (15) feet from any side street; and

(5)

Disposal areas shall be screened in accordance with and otherwise comply with sections 9-560 and 24-4(f), Orange County Code.

(P & Z Res., art. VII, § 5; Ord. No. 92-41, § 24, 12-22-92; Ord. No. 92-42, § 5, 12-15-92; Ord. No. 93-11, § 5, 4-27-93; Ord. No. 97-03, § 2, 2-25-97; Ord. No. 2023-46, § 14, 12-12-23)

Editor's note— Ord. No. 93-11, § 5, approved Apr. 27, 1993, deleted, in effect repealed, § 38-457, which pertained to site plan and derived from P & Z Res., art. VII, § 6 as amended by Ord. No. 92-41, § 24, approved Dec. 22, 1992.

The areas included in R-3 multiple-family dwelling districts are primarily residential in character. Residential uses are permitted at high population densities.

(P & Z Res., art. VIII, § 1)

A use shall be permitted in the R-3 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. VIII, § 2; Ord. No. 91-15, § 10, 6-18-91; Ord. No. 95-16, § 15, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-3 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. The site plan shall be submitted to and approved by the board of zoning adjustment 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 board of zoning adjustment.

(Ord. No. 92-41, § 25, 12-22-92)

(P & Z Res., art. VIII, § 3; Ord. No. 91-15, § 11, 6-18-91; Ord. No. 95-16, § 15, 6-27-95)

A use shall be prohibited in the R-3 district if the space for that use is blank in the use table set forth in section 38-77.

(Ord. No. 92-41, § 26, 12-22-92; Ord. No. 95-16, § 15, 6-27-95)

See Article XI of this chapter.

(P & Z Res., art. VIII, § 5; Ord. No. 92-41, § 26, 12-22-92)

(a)

See Article XII of this chapter.

(b)

A minimum separation of ten (10) feet shall be maintained between any two (2) structures containing no more than two (2) dwelling units on the same lot or parcel. Structures containing three (3) or more dwelling units shall maintain a twenty-foot separation between any other structure on the same lot or parcel.

(c)

Refuse or solid waste areas shall comply with the following:

(1)

Shall not be located within any front yard;

(2)

Shall not be located within any landscape buffer;

(3)

Shall be located at least five (5) feet from any side or rear property line;

(4)

Shall be located at least fifteen (15) feet from any side street; and

(5)

Disposal areas shall be screened in accordance with and otherwise comply with sections 9-560 and 24-4(f), Orange County Code.

(P & Z Res., art. VIII, § 6; Ord. No. 92-41, § 26, 12-22-92; Ord. No. 93-11, § 6, 4-27-93; Ord. No. 98-37, § 8, 12-15-98; Ord. No. 2023-46, § 15, 12-12-23)

Editor's note— Section 12 of Ord. No. 2008-06, adopted May 13, 2008 repealed § 38-482, which pertained to site plan for apartment projects, and derived from P & Z Res., art. VIII, § 7 and Ord. No. 92-41, adopted Dec. 22, 1992.

The UR-3 university residential district is intended to apply only to those areas adjacent to or in close proximity to a college, university or community college. The purpose of the UR-3 district is to provide residential housing that caters to the student population in the area adjacent to or in close proximity to a college, university or community college.

(Ord. No. 2000-08, § 6, 4-11-00)

A use shall be permitted in the UR-3 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(Ord. No. 2000-08, § 6, 4-11-00; Ord. No. 2023-46, § 16, 12-12-23)

A use shall be permitted as a special exception in the UR-3 district if the use is identified by the letter "S" in the use table set forth in section 38-77.

Each application for a special exception shall be accompanied by a site plan complying with the regulations established in this chapter. The site plan shall be drawn to scale indicating property lines, rights-of-way, and the locations of buildings, parking areas, curb cuts and driveways. The site plan shall be reviewed by the Board of Zoning Adjustment and approved by the Board of County Commissioners prior to the granting of any land use permit or building permit. Upon such approval, the site plan becomes part of the land use permit and building permit and may be amended only by the Board of County Commissioners after review by the Board of Zoning Adjustment.

(Ord. No. 2000-08, § 6, 4-11-00)

A use shall be prohibited in the UR-3 district if the space for the use is blank in the use table set forth in section 38-77.

(Ord. No. 2000-08, § 6, 4-11-00)

For a student housing development, boardinghouse, lodging house or rooming house in the UR-3 district, parking spaces shall be provided at the ratio required under section 38-1476. Parking for all other uses shall be provided at the ratios required under section 38-1476.

(Ord. No. 2000-08, § 6, 4-11-00)

See Article XII of this chapter.

(Ord. No. 2023-46, § 17, 12-12-23)

The intent and purpose of the R-CE-Cluster district is as follows:

(Ord. No. 97-03, § 4, 2-25-97)

(1)

To provide an alternative approach to residential development under specified residential zoning districts.

(2)

To enhance the living environment through the creation of permanent open space.

(3)

To provide flexibility in lot size, housing styles and building placement for variety in development design compatible with abutting development.

(4)

To provide for a more cost-effective development design and thereby providing more affordable housing.

(5)

To maintain gross densities compatible with and equal to those possible under the conventional zoning.

(6)

To ensure that adequate public facilities and services are provided based upon the net densities of the development.

(7)

To encourage the dedication of public lands which serve and benefit the community.

(P & Z Res., art. XXXVI, § 1)

(a)

A complete R-CE-Cluster development zoning application shall be required for any development coming under this article. Such application shall include the following:

(Ord. No. 97-03, § 5, 2-25-97)

(1)

The configuration and dimensions of the plan drawn to a specified scale, not to exceed one (1) inch equals two hundred (200) feet.

(2)

Existing street network and anticipated access points.

(3)

Natural features (i.e., lakes, rivers, conservation areas).

(4)

Gross density.

(5)

Proposed type of housing and location.

(6)

Location of common open space and percent of gross land area.

(7)

Names of abutting subdivisions.

(8)

Source of water and sewer service.

(9)

Proposed method of buffering cluster development from adjacent lands.

(10)

Proposed method of ownership and maintenance of all common open space areas.

(b)

Four (4) copies of the R-CE-Cluster development plan shall be submitted with the zoning application. The R-CE-Cluster zoning applications shall follow the zoning processing schedule. The R-CE-Cluster development plan shall be reviewed by the planning, zoning and engineering departments, as well as other appropriate county departments. Each department shall submit recommendations to the planning director for incorporation into a consolidated staff report which shall be available to the applicant prior to the public hearing.

(Ord. No. 97-03, § 5, 2-25-97)

(c)

After a review, the planning and zoning commission shall hold a public hearing and submit its recommendation, which may include conditions of approval, to the board of county commissioners. If the cluster district is approved by the board of county commissioners, the cluster development plan and any conditions of approval shall become a part of the cluster district and shall be the basis for review and evaluation of development plans.

(P & Z Res., art. XXXVI, § 2)

The number of units permitted under R-CE-Cluster development shall not exceed one (1) du per acre, unless a density credit is granted pursuant to Section 38-558.

(P & Z Res., art. XXXVI, § 3; Ord. No. 97-03, § 6, 2-25-97; Ord. No. 98-37, § 9, 12-15-98; Ord. No. 2004-01, § 8, 2-10-04)

A use shall be permitted in the cluster district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. XXXVI, § 4; Ord. No. 95-16, § 18, 6-27-95)

(a)

A use shall be permitted as a special exception in the cluster 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. The site plan shall be submitted to, and approved by, the board of zoning adjustment 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 board of zoning adjustment.

(P & Z Res., art. XXXVI, § 5; Ord. No. 91-15, § 32, 6-18-91; Ord. No. 95-16, § 18, 6-27-95)

(a)

Standards. Development under this article shall meet the following standards:

^* If central water service is provided, the minimum lot size is one-third (⅓) acre. Lakefront lots are one-half (½) acre. The minimum lot size for lakefront lots on the Butler Chain of Lakes is one (1) acre.

^** Lot width is measured at the building front yard setback line.

(Ord. No. 97-03, § 7, 2-25-97)

(b)

Setbacks. The following minimum setbacks shall apply:

There shall be a minimum of a fifty-foot setback from the normal high-water elevation from natural water bodies.

(Ord. No. 97-03, § 7, 2-25-97)

(c)

Maximum lot coverage. The maximum coverage of all impervious surfaces on a lot shall not exceed sixty (60) percent of the land area of the lot.

(P & Z Res., art. XXXVI, § 6)

(a)

The amount of common open space, as required by Orange County Code, chapter 24, article II, open space regulations, shall be shown on the R-CE-Cluster development plan. A method shall be provided for assuring the maintenance of all common open space areas in perpetuity, either by transferring ownership and maintenance responsibilities for the open space areas to a trustee or mandatory homeowner's association, or by some other method acceptable to the board of county commissioners. The county shall not be responsible for the maintenance of common open space areas.

(Ord. No. 92-42, § 6, 12-15-92; Ord. No. 97-03, § 8, 2-25-97)

(b)

The owner shall offer to dedicate development rights for all common open space areas to the county. The county may accept the offer of dedication. If, however, the county refuses to accept the offer, an alternative method acceptable to the county shall be provided to guarantee that common open space areas shall remain in such a state as to maintain the natural character of the area.

(P & Z Res., art. XXXVI, § 7)

(a)

The developer may offer to dedicate land within Orange County for specified public purpose, including, but not limited to, parks, schools, fire stations, utility plants, etc. Acceptance of such offers shall be discretionary with the board of county commissioners.

(b)

If the offer of dedication is accepted, the development shall transfer the density from the dedicated property to the development plus a sixty (60) percent credit from the property being dedicated. The allowable density on the property being dedicated shall be the same as the property being developed.

(c)

The applicant may opt to pay into an Orange County Parks and Recreation Department parks fund in lieu of dedication of property. The payment in lieu of dedication shall be equal to the market value of at least 5 acres of unimproved, developable land in the subdivision. The applicant shall transfer the density for payment plus a sixty (60) percent density credit for the payment in lieu of dedication. The value of the payment in lieu of dedication shall be based upon a valid appraisal of the property as approved by Orange County. Such payment in lieu of dedication is subject to approval by the parks and recreation department and the board of county commissioners.

(Ord. No. 97-03, § 9, 2-25-97)

(P & Z Res., art. XXXVI, § 8; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 98-37, § 10, 12-15-98)

(a)

A primary intent of this article is to reduce development cost through flexible design. Therefore, the development design should provide diversity and originality in street design and lot layout to achieve the optimum relationship with the natural character of the land and enhance the living environment.

(Ord. No. 97-03, § 10, 2-25-97)

(b)

Common open space shall comply with the design guidelines in Orange County Code, chapter 24, article II, open space regulations.

(Ord. No. 92-42, § 7, 12-15-92)

(c)

The keeping of poultry (SIC Group 025) and cows and horses (SIC Group 0272) for domestic purposes on individual residential lots one (1) acre in size or greater is permitted, subject to the conditions listed in subsections 38-79(38) and (44). Further, within the R-CE-Cluster tracts, common animal areas may be established, provided that the total number shall not exceed one (1) animal per acre of designated common animal area.

(Ord. No. 97-03, § 10, 2-25-97)

(d)

Lots located [adjacent] to the perimeter of the tract must be designed to be compatible with the abutting zoning district. This may be accomplished by providing lot widths equal to the minimum requirements of the conventional zoning, or the provision of an adequate buffer between a clustered unit and the property boundary. Consideration will be given to rights-of-way which separate property boundaries.

(Ord. No. 97-03, § 10, 2-25-97)

(e)

Off-street parking shall be provided in accordance with article XI of this chapter.

(Ord. No. 97-03, § 10, 2-25-97)

(P & Z Res., art. XXXVI, § 9)

Editor's note— Ord. No. 2016-19, § 11, adopted Sept. 13, 2016, repealed § 38-576, which pertained to definitions and derived from P&Z Res., art. IX, § 1 and Ord. No. 93-11, § 7, adopted April 27, 1993.

(a)

Mobile homes shall be located, occupied or used only as hereinafter provided.

(b)

Mobile homes may be located in R-T, R-T-1 and R-T-2 districts and under certain circumstances, on individual lots in other districts.

(c)

Each mobile home in any district shall have sanitary and drainage facilities in accordance with county rules and regulations.

(d)

Mobile homes built after January 11, 1968 must bear the state standards seal to be permitted anywhere in the county.

(e)

A use shall be permitted in the mobile home district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. IX, § 2; Ord. No. 95-16, § 19A, 6-27-95)

(a)

This district is composed of certain lands suitable for the development of a low-medium density residential area under single ownership consisting of rental mobile home spaces.

(b)

The following regulations shall apply to each R-T mobile home park district:

(1)

A use shall be permitted in the R-T district if the use is identified by the letter "P" in the use table set forth in section 38-77. A use shall be prohibited in the R-T district if the space for that use is blank in the use table set forth in section 38-77. A customary accessory use may include, among other things, the sale of mobile homes on the following conditions:

(Ord. No. 95-16, § 19A, 6-27-95)

a.

The mobile home must have all of the facilities and utility connections for use as a dwelling.

b.

The buyer of a new mobile home which is purchased from a mobile home park owner or operator must be offered a six (6) months' lease with an option to renew for six (6) months for the mobile home space on which the mobile home is located at the time of purchase.

c.

The seller and buyer of a new mobile home must intend that the buyer live in the mobile home on the space where it is situated at the time of the sale.

d.

The number of mobile homes for sale shall not exceed ten (10) percent of the total number of approved mobile home spaces in a mobile home park at any one (1) time.

e.

Mobile homes for sale shall be located only on mobile home spaces in the mobile home park and subject to the same setbacks and yard requirements as occupied mobile homes.

(2)

A land use permit shall be required to establish a mobile home park before building permits are issued. A land use permit application shall include a site plan drawn to scale showing property lines, rights-of-way, locations of buildings, parking areas, curb cuts, driveways, cross section of pavement, a landscape plan, streetlights, fire hydrants and fire extinguishers. In addition, the following requirements shall be incorporated:

a.

Each mobile home park shall contain at least five (5) acres, shall be limited to seven (7) mobile home spaces per gross acre, and shall have not less than ten (10) mobile home spaces completed and available at first occupancy. The park shall have unobstructed access to a publicly maintained street or road.

b.

No mobile home space shall contain less than three thousand (3,000) square feet in area.

c.

Minimum separation between mobile homes shall be fifteen (15) feet. Certain additions to mobile homes are permitted, provided minimum separation between the addition and any other mobile home, or addition thereto, shall be ten (10) feet. Such additions are limited to screened rooms, carports, accessory buildings to store personal items and gardening equipment. Any other addition shall provide a minimum of fifteen (15) feet separation.

d.

Landscaping, buffering and open space requirements shall be as provided for in Orange County Code, chapter 24.

(Ord. No. 92-42, § 13, 12-15-92)

e.

All porches, rooms and additions to a mobile home shall comply with these regulations and the county building department's codes and regulations.

f.

A recreation area shall be provided equivalent to two hundred (200) square feet of area for each mobile home space; however, in no case shall such recreation area be less than ten thousand (10,000) square feet in area. Such recreation area shall be no longer than twice its width. This area shall remain in a clean and presentable condition, and shall be adequately lighted. Such recreation area shall not be located in an area where such use will adversely affect surrounding property.

g.

Each mobile home space shall have a minimum of fifteen (15) feet of frontage on a street or lane within the boundary of the park. Such streets or lanes shall have an unobstructed right-of-way of thirty (30) feet in width and a hard surface of not less than twenty (20) feet in width for two-way drives, or twenty (20) feet in width and a hard surface of not less than twelve (12) feet in width for one-way drives. Hard surfacing shall consist of a base at least six (6) inches thick of lime rock or soil cement or an equivalent material and a top of at least one (1) inch thick made of asphaltic concrete or an equivalent material. Such streets shall be lighted by a system which consists of a one-hundred-watt mercury light for every one hundred twenty (120) linear feet of roadway or a two-hundred-watt incandescent light for every one hundred twenty (120) linear feet of roadway or shall with some other system supply two-tenths lumen per square foot of roadway.

h.

There shall be a minimum of two (2) off-street parking spaces for each mobile home space. Each mobile home space shall be equipped with at least one (1) paved parked space; the remainder of the required spaces may be located either on mobile home spaces or in common parking lots.

i.

Paved driveways shall be provided to each parking space on each individual mobile home space. Driveways shall be at least nine (9) feet wide. Common driveways may be used to serve more than one (1) mobile home space, but shall serve no more than four (4) mobile home spaces.

j.

Common walks shall be provided around recreation, management, and service areas. Common walks shall be at least four (4) feet wide except where such walks are adjacent to an arterial street, then such walks shall be at least five (5) feet wide. No walk required herein shall be used as a drainageway.

k.

Each mobile home space shall be provided with a concrete patio at least eight (8) feet wide and ten (10) feet long. Such patio shall conform to the setback provisions outlined in paragraph (2)c. above. Double-wide mobile homes need not have a patio. Each mobile home space shall be landscaped with turf, shrubs, trees, or other plantings.

l.

Each mobile home space shall be connected with a water system and sewage treatment and disposal system approved by the county and state health department.

m.

It shall be unlawful for any person to maintain or operate a mobile home park within the county without a license.

(P & Z Res., art. IX, § 3)

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

(P & Z Res., art. IX, § 3-A; Ord. No. 95-16, § 19A, 6-27-95)

This district is composed of certain lands where it is desirable to attain a low-medium density residential area consisting of mobile homes and single-family dwellings on single lots under individual ownership. The following regulations shall apply to each R-T-1 mobile home subdivision district:

(1)

Uses permitted. A use shall be permitted in the R-T-1 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(2)

Special exceptions. A use shall be permitted as a special exception in the R-T-1 district if the use is identified by the letter "S" in the use table set forth in section 38-77.

(3)

Site and building requirements. See Article XII of this chapter.

(4)

Uses prohibited. A use shall be prohibited in the R-T-1 district if the space for that use is blank in the use table set forth in section 38-77.

(P & Z Res., art. IX, § 4; Ord. No. 93-11, § 8, 4-27-93; Ord. No. 95-16, § 19A, 6-27-95; Ord. No. 2023-46, § 18, 12-12-23)

(a)

Intent and purpose of district. The intent and purposes of this district are as follows:

(1)

To provide areas for the low density development of conventional single-family dwelling units.

(2)

To provide areas for the low density development of mobile homes used as single-family dwelling units.

(3)

To provide for the combination of two (2) modes of residential living within the same zoning district.

(b)

Uses permitted. A use shall be permitted in the R-T-2 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(c)

Special exceptions. A use shall be permitted as a special exception in the R-T-2 district if the use is identified by the letter "S" in the use table set forth in section 38-77.

(d)

Site and building requirements. See Article XII of this chapter.

(e)

Prohibited uses. A use shall be prohibited in the R-T-2 district if the space for that use is blank in the use table set forth in section 38-77.

(P & Z Res., art. IX, § 5; Ord. No. 95-16, § 19A, 6-27-95; Ord. No. 2008-06, § 13, 5-13-08; Ord. No. 2023-46, § 19, 12-12-23)

Editor's note— ; Ord. No. 2023-46, § 20, adopted Dec. 12, 2023, repealed § 38-582, which pertained to mobile homes and recreational vehicles on individual lots exclusive of R-T-1 and R-T-2 districts and derived from P & Z Res., art. IX, § 6; and Ord. No. 95-20, §§ 5, 6, adopted July 25, 1995.

Editor's note— Ord. No. 95-16, § 19B, adopted June 27, 1995, repealed § 38-583, which pertained to recreational vehicle storage and derived from the P & Z Res., art. IX, § 7.

The intent and purposes of the R-L-D residential low-density district are as follows:

(1)

To provide for attached and detached residential development consistent with the low-density residential future land use designation.

(2)

To allow flexibility in site and building requirements in order to encourage innovative housing design while maintaining adequate levels of light, air, building space, lot coverage and density; and to otherwise provide for orderly site development standards in order to protect the public health, safety and general welfare.

(3)

To implement policies in the housing element of the comprehensive plan which include provisions for innovative housing designs and a mixture of dwelling types to provide the consumer with alternative housing opportunities.

(4)

To provide for compatibility with adjacent development.

(Ord. No. 93-11, § 9, 4-27-93; Ord. No. 97-03, § 11, 2-25-97; Ord. No. 2016-19, § 12, 9-13-16)

The procedure for obtaining approval of a R-L-D residential low-density district shall be as follows:

(1)

An application for rezoning shall be submitted in accordance with the requirements of Section 30-48.5, and be accompanied by an R-L-D development plan. The R-L-D development plan shall consist of a generalized land use plan, and include the following information:

(Ord. No. 97-03, § 12, 2-25-97; Ord. No. 2023-46, § 21, 12-12-23)

a.

Location map.

b.

Legal description of the subject property.

c.

Boundary sketch of the subject property.

d.

Natural features (i.e., lakes, rivers, conservation areas).

e.

Total anticipated number of dwelling units.

f.

Total acreage.

g.

Total developable acreage (less acreage of conservation areas and natural water bodies).

h.

Proposed density (anticipated number of dwelling units divided by total developable acreage).

i.

Proposed type of housing and location (land use bubbles are acceptable).

j.

Existing adjacent street network and anticipated access points.

k.

Names of abutting subdivisions.

l.

Identification of all adjacent zoning districts and future land use designations.

m.

Proposed minimum lot size, as well as lot types (consistent with those listed in Section 38-605).

(Ord. No. 97-03, § 12, 2-25-97)

n.

Proposed minimum living area.

(Ord. No. 97-03, § 12, 2-25-97)

o.

Setbacks.

(Ord. No. 97-03, § 12, 2-25-97)

p.

Open space.

(Ord. No. 97-03, § 12, 2-25-97)

(2)

Residential low-density zoning applications shall follow the rezoning processing schedule. The R-L-D development plan shall be reviewed by the planning, zoning and engineering divisions, as well as other appropriate county divisions or departments. Each division or department shall submit recommendations to the planning manager for incorporation into a consolidated staff report which shall be made available to the applicant prior to the public hearing.

(3)

The planning and zoning commission shall hold a public hearing and submit its recommendation, which may include conditions of approval, to the board of county commissioners. If the residential low-density district is approved by the board of county commissioners, the R-L-D development plan and any conditions of approval shall become a part of the residential low-density district and shall be the basis for review and evaluation of subsequent subdivision plans.

(4)

a.

Alterations to the approved R-L-D development plan shall be classified as either substantial or nonsubstantial amendments. The following criteria shall be used to identify a substantial amendment:

1.

A change which would alter the land use type adjacent to a property boundary.

2.

A change which would increase the land use intensity within the R-L-D district without a corresponding decrease in some other portion of the district.

3.

A change which would require an amendment to the board of county commissioners conditions of approval.

b.

A request for an alteration to an approved development plan shall be submitted in writing to the planning division. The determination of a substantial or nonsubstantial alteration shall be made jointly by the planning, engineering and zoning divisions. The determination of a substantial alteration may be appealed to the board of county commissioners.

c.

Alterations determined to be substantial must submit plans and support data (following the development plan requirements) for review by the development review committee and final action by the board of county commissioners.

(Ord. No. 97-03, § 12, 2-25-97)

d.

Alterations determined to be nonsubstantial will be reviewed by the zoning, planning and the engineering divisions after receipt of the initial letter. Additional plans and support data may be requested. Approval of a nonsubstantial alteration shall require confirmation by the board of county commissioners.

(Ord. No. 93-11, § 9, 4-27-93; Ord. No. 2023-46, § 21, 12-12-23)

A use shall be permitted in the R-L-D district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(Ord. No. 93-11, § 9, 4-27-93; Ord. No. 95-16, § 20A, 6-27-95)

(a)

A use shall be permitted as a special exception in the R-L-D 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. The site plan shall be submitted to and approved by the board of zoning adjustment 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 board of zoning adjustment.

(Ord. No. 93-11, § 9, 4-27-93; Ord. No. 95-16, § 20A, 6-27-95)

(a)

Site and building design in this district is encouraged to include, but not be limited to, the following concepts:

(1)

Zero lot line development. This type of development is characterized by the location of a dwelling unit in such a manner that one (1) or more of the building's sides rests directly on the side and/or rear lot line. This shall include uses with single-family detached dwellings as well as multifamily (attached) dwellings in which the zero lot line is coterminous with the common party wall and the opposite side yard is twice the normal side yard requirement. (See Figures 1A and 1B [attached to Ordinance No. 93-11].)

(2)

Interlocking lot. Here, the location of the dwelling unit is such that the side and rear walls of the garage both rest directly on the lot line. No other exterior walls of the dwelling unit shall have a zero setback. This concept can be used with a zipper lot design or on a standard lot in which the garages of the abutting lots are connected at the side and rear while the living areas of the dwelling units are set back from the property lines. (See figures 2A and 2B [attached to Ordinance No. 93-11].)

(3)

Z-lot. The lot design is modified to create a Z shape which allows such dwelling unit to have alternating side yards. This may be employed as a standard Z-lot or as an angled Z-lot. (See figure 3 [attached to Ordinance No. 93-11].)

(b)

When these or other flexible housing designs are used with any type of zero lot line concept, all of the following standards shall apply:

(1)

Applicants shall submit a detailed site plan drawn to scale indicating the location of the proposed zero lot line dwelling unit and any existing or proposed structures on any adjacent lot.

(2)

A five-foot maintenance easement shall be recorded on the adjacent lot along the length of the zero lot line, which shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance.

(3)

The wall of any dwelling unit located on a zero lot line shall be constructed without doors.

(4)

No portion of the dwelling unit shall project over, above or under any property line, except for the eaves of the roof, window sills and similar minor appurtenances, with a maximum encroachment of two (2) feet.

(5)

Gutters shall be designed so as not to flow onto the adjacent zero lot line lot or parcel.

(c)

Development under this division shall meet the following standards:

Minimum tract size: Two (2) acres.

Minimum lot size: N/A*

Minimum lot width: N/A*

Minimum living area: N/A*

Maximum building height: Two-story/thirty-five (35) feet**

(Ord. No. 97-03, § 13, 2-25-97)

(d)

Development under this article shall meet the following minimum setbacks:

(1)

Front:

Ten (10) feet for a side entry garage***

Twenty (20) feet for a front entry garage

(2)

Rear: Fifteen (15) feet

(3)

Side: Zero to ten (10) feet****

(e)

Major street setbacks as provided in article XII shall apply.

(f)

Setbacks from every natural surface water body shall be a minimum of fifty (50) feet, measured from the normal high-water elevation, or as otherwise specified in the site and building requirements of this chapter.

(g)

Central water systems, wastewater systems, utility systems, utility lines and easements shall be provided in accordance with the appropriate sections of the Orange County Subdivision Regulations, the Orange County Manual of Standards and Specifications for Wastewater and Water Main Construction, and applicable codes, ordinances, resolutions, rules and regulations.

(h)

Open space shall be provided in accordance with Orange County Code, chapter 24, article II, open space regulations.

(i)

When an R-L-D zoning district is proposed adjacent to an existing residential development, that is developed at a lesser intensity than the proposed R-L-D zoning, then one (1) of the following options must be incorporated into the proposed R-L-D development plan. On each option the P&Z and the board may place additional or more restrictive restrictions on the property to address compatibility:

(1)

Option 1:

a.

Match the lot width along the property boundary that is adjacent to the existing residential development;

b.

The minimum living area per unit for the entire R-L-D development shall be one thousand one hundred (1,100) square feet.

(2)

Option 2:

a.

Provide a lot width along the property boundary that is adjacent to the existing residential development equal to eighty-five (85) percent of the lot width of the adjacent residential development. The minimum lot width of the RLD development shall not be less than sixty (60) feet;

b.

The minimum living area per unit for the entire R-L-D development shall be one thousand one hundred (1,100) square feet;

c.

The rear yard setback for lots along the property boundary that is adjacent to the existing residential development shall be twenty-five (25) feet.

(3)

Option 3:

a.

Provide a lot width along the property boundary that is adjacent to the existing residential development equal to seventy (70) percent of the lot width of the adjacent residential development. The minimum lot width of the RLD development shall be fifty (50) feet;

b.

The minimum living area per unit for the entire R-L-D development shall be one thousand one hundred (1,100) square feet;

c.

The rear yard setback for lots along the property boundary that is adjacent to the existing residential development shall be thirty (30) feet.

(4)

Option 4:

a.

Provide a lot width along the property boundary that is adjacent to the existing residential development equal to sixty (60) percent of the lot width of the adjacent residential development. The minimum lot width of the R-L-D development shall be forty-five (45) feet;

b.

The minimum living area per unit for the entire R-L-D development shall be one thousand one hundred (1,100) square feet except for lots adjacent to the existing residential developments, in which case the minimum living area shall be one thousand three hundred (1,300) square feet (lots will be considered adjacent even if retention or buffer is provided between the proposed lots and existing residential development);

c.

The rear yard setback for lots along the property boundary that is adjacent to the existing residential development shall be thirty-five (35) feet;

d.

Provide a twenty-five-foot-wide buffer tract along the property boundary that is adjacent to the existing residential development, or a six-foot-high wall.

If retention within the R-L-D development is used as the transition between the existing adjacent residential development and the proposed R-L-D lots, then the following criteria shall be followed:

(Ord. No. 97-03, § 13, 2-25-97)

*     Minimum lot size, minimum lot width and minimum living area have not been established for this district. The developer is given the flexibility to design and arrange lots in a manner consistent with the low-density residential future land use designation.

**    The maximum height of any structure shall be two (2) stories or thirty-five (35) feet; provided, that no structure (exclusive of single-family and two-family dwellings) shall exceed one (1) story in height within one hundred (100) feet of the side or rear lot line of any existing single-family residential district.

***   A ten-foot front setback may also be permitted for the dwelling unit when a front entry garage is set back at least twenty (20) feet from the front property line.

****  Minimum side building separation is ten (10) feet. The side setback may be any combination to achieve this separation. However, if the side setback is less than five (5) feet, the standards in section 38-605(b) of this district shall apply.

(Ord. No. 93-11, § 9, 4-27-93)

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

(Ord. No. 95-16, § 20B, 6-27-95)

A density credit of one (1) unit per acre above the four (4) units per acre may be allowed once all of the following performance standards are met:

(1)

Minimum living area shall be at least one thousand three hundred (1,300) square feet.

(2)

Each lot shall be provided with two (2) shade trees as defined in section 24-2 of this Code, with a minimum D.B.H. of three and one-half (3½) inches. Existing shade trees on the site may apply toward this requirement.

(Ord. No. 2023-46, § 22, 12-12-23)

(3)

Provide within the subdivision an area equal to two (2) lots, to be used by the residents of the subdivision. The recreation tract shall be owned and maintained by the homeowners' association. Alternatively, a contribution may be paid into a county parks and recreation department parks fund. The contribution is to be equal to the value of two (2) unimproved lots in the subdivision. Contribution into the fund in lieu of providing the recreation tract is subject to approval by the parks and recreation department and the board of county commissioners.

(4)

Offer to contribute to the county school board a location on the site for the pick-up and drop-off of school children. The pick-up/drop-off site shall meet the requirements of the school board, and such contribution is subject to acceptance by the school board. Written confirmation of acceptance or denial of the contribution by the school board is required. If the contribution is accepted by the school board, the pick-up/drop-off site shall be depicted on the R-L-D development plan.

(Ord. No. 97-03, § 14, 2-25-97)