Editor's note— Ord. No. 2017-03, § 2(exh. A), adopted February 7, 2017, repealed the former division 4.5, §§ 38-860—38-867, and enacted a new division 4.5, §§ 38-860—38-375, which can be found here. The former division 4.5 pertained to the convention plaza district overlay zone and derived from Ord. No. 95-23, § 1, adopted August 29, 1995; Ord. No. 96-17, § 1, adopted July 9, 1996; and Ord. No. 2001-14, § 7, adopted June 19, 2001.

Editor's note— Ord. No. 95-16, § 21, adopted June 27, 1995, repealed § 38-801, which pertained to definitions and derived from the Planning & Zoning Resolution, art. XXXI, § 2, and Ord. No. 92-42, § 8, adopted Dec. 15, 1992.

The intent and purposes of the P-O professional office district are:

(1)

To provide for and encourage development of a wide variety of high quality functional and attractive professional office centers in accordance with adopted county development plans and policies.

(2)

To establish standards which will promote high quality site development of individual office structures and larger office centers, both of which are properly oriented towards arterial roads and compatible with adjoining properties.

(3)

To encourage the provision of professional services at the neighborhood and community levels, and to provide sites large enough to permit landscaped open spaces and off-street parking facilities.

(4)

To recognize the growing importance of the county as a regional service center and the need to accommodate the increasing service demands of the resident and tourist populations.

(P & Z Res., art. XXXI, § 1)

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

(P & Z Res., art. XXXI, § 3; Ord. No. 95-16, § 21, 6-27-95)

Editor's note— At a public hearing on Mar. 21, 1991, the planning and zoning commission/local planning agency determined that a birthing facility, which provides outpatient service only, was a similar and compatible use in the P-O, professional office district.

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

(P & Z Res., art. XXXI, § 4; Ord. No. 95-16, § 21, 6-27-95)

(a)

A use shall be permitted as a special exception in the P-O 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 shall become part of the land use and building permit and may be amended only by the board of zoning adjustment. (Number of site plans may vary and additional information may be needed depending on the specifics of the site and the request being made.)

(P & Z Res., art. XXXI, § 5; Ord. No. 95-16, § 21, 6-27-95)

Site and building requirements are hereby established in order to ensure adequate levels of light, air, coverage and density; to maintain and enhance locally recognized values of community appearance and design particularly through the combination of smaller parcels into functional sites; to promote functional compatibility of uses; to promote the safe and efficient circulation of pedestrian and vehicular traffic; and to otherwise provide for orderly site development and protect the public health, safety, and general welfare:

(Ord. No. 92-42, § 9, 12-15-92)

(1)

Lighting devices for the illumination of the ground, driveways, walkways, signs, parking areas, and building exteriors or interiors shall be installed and maintained in such a manner as to confine direct rays to the premises and prevent direct rays and glare onto neighboring properties and highways. Flashing lights are prohibited.

(2)

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

(3)

Refuse or solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(4)

See Article XII of this chapter for additional site and building requirements.

(P & Z Res., art. XXXI, § 6; Ord. No. 92-42, § 13, 12-15-92; Ord. No. 95-16, § 21, 6-27-95; Ord. No. 2016-19, § 13, 9-13-16; Ord. No. 2023-46, § 23, 12-12-23)

(a)

Land use and building permit applications shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale indicating:

(1)

Lot size.

(2)

Location of public rights-of-way.

(3)

Property lines.

(4)

Setbacks from property lines.

(5)

Location and height of buildings, structures and signs.

(6)

Total floor area and gross floor area used for office.

(7)

Circulation plan, including the location and square footage of drives and parking areas.

(8)

Location and type of exterior lighting facilities.

(9)

Percentage of the lot in open space.

(10)

Location and screening of refuse storage areas.

(11)

Landscaping plan and irrigation system.

(12)

Location, height, and type of signs.

(13)

Location and type of water control and water quality management devices.

(b)

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.

(P & Z Res., art. XXXI, § 7)

Pedestrian accommodations shall meet all requirements of section 30-250.

(Ord. No. 2013-08, § 2, 3-26-13; Ord. No. 2020-30, § 7C, 10-13-20)

All requirements in article XI of this chapter for vehicle and bicycle parking shall be met.

(Ord. No. 2013-08, § 3, 3-26-13)

The intent and purpose of this C-1 retail commercial district are as follows: this district is composed of lands and structures used primarily for the furnishing of selected commodities and services at retail. This district will be encouraged:

(1)

At intersections of collectors and/or arterials;

(2)

Where it will not direct commercial traffic through residential districts;

(3)

Where adequate public facilities and services are available, as defined in the comprehensive plan;

(4)

Where compatible with adjacent areas or where buffers can be provided to ensure compatibility; and

(5)

To a limited extent in rural settlements throughout the county to meet the needs of an identified community, or in growth centers as defined in the comprehensive plan.

(P & Z Res., art. X, § 1; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 95-16, § 22, 6-27-95; Ord. No. 2016-19, § 14, 9-13-16)

A use shall be permitted in the C-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. X, § 2; Ord. No. 91-15, § 18, 6-18-91; Ord. No. 92-41, § 31, 12-22-92; Ord. No. 95-16, § 22, 6-27-95)

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

(P & Z Res., art. X, § 3: Ord. No. 91-14, § 1, 6-18-91; Ord. No. 92-41, § 32, 12-22-92; Ord. No. 95-16, § 22, 6-27-95)

(a)

A use shall be permitted as a special exception in the C-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 shall become part of the land use and building permit and may be amended only by the board of zoning adjustment.

(Ord. No. 92-41, § 33, 12-22-92)

(P & Z Res., art. X, § 4; Ord. No. 95-16, § 22, 6-27-95)

Site and building requirements are hereby established in order to assure adequate levels of light, air, building space, lot coverage, and density; to maintain and enhance locally recognized values of community appearance and design; to encourage the combination of smaller parcels into functional sites; to accommodate multiple ownership of land and improvements within the development; to provide for collective ownership of common areas; to promote functional compatibility of uses; to promote the safe and efficient circulation of pedestrian and vehicular traffic; and to otherwise provide for orderly site development standards in order to protect the public health, safety and general welfare:

(Ord. No. 92-42, § 10, 12-15-92)

(1)

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

(2)

Refuse or solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(Ord. No. 97-05, § 6, 4-29-97)

(3)

No entrances or exits shall direct traffic into adjacent residential districts, unless the property is not accessible from a non-residential street, as determined by the zoning manager.

(4)

See Article XII of this chapter for additional site and building requirements.

(P & Z Res., art. X, § 5; Ord. No. 92-42, ? 10, 12-15-92; Ord. No. 95-16, § 22, 6-27-95; Ord. No. 98-37, § 11, 12-15-98; Ord. No. 2016-19, § 15, 9-13-16; Ord. No. 2023-46, § 24, 12-12-23)

Each application for a land use and building permit shall be accompanied with a site plan which complies with 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, 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.

(P & Z Res., art. X, § 6)

All requirements in article XI of this chapter for vehicle and bicycle parking shall be met, provided that a minimum of four (4) vehicle spaces will be provided regardless of building site or use.

(P & Z Res., art. X, § 7; Ord. No. 2013-08, § 4, 3-26-13)

Pedestrian accommodations shall meet all requirements of section 30-250.

(Ord. No. 98-29, § 5, 10-20-98; Ord. No. 2001-14, § 6, 6-19-01; Ord. No. 2013-08, § 5, 3-26-13; Ord. No. 2020-30, § 7D, 10-13-20)

The C-2 general commercial district is composed of certain lands and structures used to provide for the retailing of commodities and the furnishing of several major services, selected trade shops and automotive repairs. This district will be encouraged at locations along minor arterial and major arterial roads where general commercial uses would be compatible with the surrounding neighborhood. Characteristically, this district occupies an area larger than that of the retail commercial district, serves a considerably greater population, and offers a wider range of services. This district will be promoted within the urban service area or in rural settlements where uses of this intensity are already established. The general commercial district should not be located adjacent to single-family residential zoning districts.

(P & Z Res., art. XI, § 1; Ord. No. 95-16, § 23, 6-27-95)

A use shall be permitted in the C-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. XI, § 2; Ord. No. 92-41, § 34, 12-22-92; Ord. No. 95-16, § 23, 6-27-95)

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

(P & Z Res., art. XI, § 3; Ord. No. 92-41, § 35, 12-22-92; Ord. No. 95-16, § 23, 6-27-95)

(a)

A use shall be permitted as a special exception in the C-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. As part of the application, the site plan shall include a simple plan drawn to an appropriate scale, including legal description, lot area, site dimensions, right-of-way location and width, parking areas and number of parking spaces, proposed building location and setbacks from lot lines, total floor area proposed for any building, proposed points of access, location of signs, locations of existing easements, and a general plan of proposed landscaping. 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. Only substantial changes will require amendment by the board of zoning adjustment. Development under the special exception shall comply with all applicable county codes and ordinances.

(Ord. No. 92-41, § 36, 12-22-92)

(P & Z Res., art. XI, § 4; Ord. No. 95-16, § 23, 6-27-95)

Site and building requirements are hereby established in order to assure adequate levels of light, air, building space, lot coverage and density; to maintain and enhance locally recognized values of community appearance and design; to encourage the combination of smaller parcels into functional sites; to accommodate multiple ownership of land and improvements within the development; to provide for collective ownership of common areas; to promote functional compatibility of uses; to promote the safe and efficient circulation of pedestrian and vehicular traffic; and to otherwise provide for orderly site development standards in order to protect the public health, safety and general welfare:

(Ord. No. 92-42, § 11, 12-15-92; Ord. No. 2004-01, § 9, 2-10-04)

(1)

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

(2)

Refuse or solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(3)

Open storage areas shall have a minimum fifteen (15) foot setback from all property lines.

(4)

No entrances or exits shall direct traffic into adjacent residential districts, unless the property is not accessible from a non-residential street, as determined by the zoning manager.

(5)

See Article XII of this chapter for additional site and building requirements.

(P & Z Res., art. XI, § 5; Ord. No. 92-42, § 13, 12-15-92; Ord. No. 95-16, § 23, 6-27-95; Ord. No. 2004-01, § 9, 2-10-04; Ord. No. 2016-19, § 16, 9-13-16; Ord. No. 2023-46, § 25, 12-12-23)

Developers of existing parcels evaluated for rezoning or variances that are less than the minimum frontage or area requirements shall submit a sketch plan indicating how the lot will function in meeting other criteria established in this district.

(P & Z Res., art. XI, § 6)

All requirements in article XI of this chapter for vehicle and bicycle parking shall be met, provided that a minimum of four (4) vehicle spaces will be provided regardless of building site or use.

(P & Z Res., art. XI, § 7; Ord. No. 2013-08, § 6, 3-26-13)

Pedestrian accommodations shall meet all requirements of section 30-250.

(Ord. No. 98-29, § 6, 10-20-98; Ord. No. 2001-14, § 7, 6-19-01; Ord. No. 2013-08, § 7, 3-26-13; Ord. No. 2020-30, § 7E, 10-13-20)

The intent and purpose of the C-3 district is to implement and be consistent with the commercial land use designation of the future land use map. The C-3 district is composed of land and structures where more intense commercial activity is located. This district must be located away from residential districts because it allows uses that are not compatible with residential districts.

(P & Z Res., art. XII, § 1; Ord. No. 95-16, § 24, 6-27-95)

A use shall be permitted in the C-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. XII, § 2; Ord. No. 92-41, § 37, 12-22-92; Ord. No. 95-16, § 24, 6-27-95)

Editor's note— At a public hearing on Mar. 21, 1991, the planning and zoning commission/local planning agency determined that a metal can recycling operation was a similar and compatible use in the C-3, wholesale commercial district. The operation involved the need to collect cans to be compacted into block formation. The equipment used for compacting purposes would be retained on site. Each block would then be stored on a flatbed truck, also located on site, until delivery was made to a larger recycling facility.

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

(P & Z Res., art. XII, § 3; Ord. No. 92-41, § 38, 12-22-92; Ord. No. 95-16, § 24, 6-27-95)

(a)

A use shall be permitted as a special exception in the C-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. As part of the application, the site plan shall include a simple plan drawn to an appropriate scale, including legal description, lot area, site dimensions, right-of-way location and width, parking areas and number of parking spaces, proposed building location and setbacks from lot lines, total floor area proposed for any building, proposed points of access, location of signs, locations of existing easements, and a general plan of proposed landscaping. 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. Only substantial changes shall require amendment by the board of zoning adjustment. Development under the special exception shall comply with all applicable county codes and ordinances.

(P & Z Res., art. XII, § 4; Ord. No. 92-41, § 39, 12-22-92; Ord. No. 95-16, § 24, 6-27-95)

Site and building requirements are hereby established in order to assure adequate levels of light, air, building space, lot coverage, and density; to maintain and enhance locally recognized values of community appearances and design; to encourage the combination of smaller parcels into functional sites; to accommodate multiple ownership of land and improvements within the development; to provide for collective ownership of common areas; to promote functional compatibility of uses; to promote the safe and efficient circulation of pedestrian and vehicular traffic:

(1)

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

(2)

Refuse and solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(3)

No entrances or exits shall direct traffic into adjacent residential districts, unless the property is not accessible from a non-residential street, as determined by the zoning manager.

(4)

The outdoor storage of equipment or commodities shall have a minimum fifteen (15) feet setback from the side and rear property line and meet the minimum front setback for the district. Outdoor storage areas shall be screened from adjacent residential areas as specified in the landscape regulations.

(5)

Parking shall be as provided in chapter 38, article XI, Orange County Code.

(6)

See Article XII of this chapter for additional site and building requirements.

(7)

See Article X of this chapter for additional environmental performance standards.

(P & Z Res., art. XII, § 5; Ord. No. 92-42, § 13, 12-15-92 ; Ord. No. 95-16, § 24, 6-27-95; Ord. No. 97-05, § 7, 4-29-97; Ord. No. 2016-19, § 17, 9-13-16; Ord. No. 2023-46, § 26, 12-12-23)

Developers of existing parcels evaluated for rezoning or variances, that are less than the minimum frontage or area requirements, shall submit a sketch plan indicating how the lot will function in meeting other criteria established in this district.

All requirements in article XI of this chapter for vehicle and bicycle parking shall be met, provided that a minimum of four (4) vehicle spaces will be provided regardless of building site or use.

(P & Z Res., art. XII, § 6; Ord. No. 2013-08, § 8, 3-26-13)

Pedestrian accommodations shall meet all requirements of section 30-250.

(Ord. No. 98-29, § 7, 10-20-98; Ord. No. 2001-14, § 8, 6-19-01; Ord. No. 2013-08, § 9, 3-26-13; Ord. No. 2020-30, § 7F, 10-13-20)

The intent and purposes of the I-1A industrial district are as follows:

(1)

To encourage high technology and research oriented industry of such a nature that objectionable by-products of the activity (such as smoke, odors, dust, refuse, vibration, intense light, glare, and heat) are not a nuisance beyond the property on which the activity is located.

(2)

To encourage industry-related uses which do not require open storage of products and materials.

(3)

To provide space for those industries which require locations accessible to major transportation facilities.

(4)

To establish and maintain standards that will promote the development of those industries and related activities which desire an attractive, pleasant environment and compatible surroundings.

(5)

To establish and maintain standards which will protect adjacent residential and commercial developments.

(P & Z Res., art. XXVIII, § 1; Ord. No. 95-16, § 25, 6-27-95)

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

(P & Z Res., art. XXVIII, § 2; Ord. No. 95-16, § 25, 6-27-95)

A use shall be prohibited in the I-1A 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. 95-16, § 25, 6-27-95)

Editor's note— Ord. No. 2016-19, § 18, adopted Sept. 13, 2016, repealed § 38-904, which pertained to support free standing retail uses and derived from Ord. No. 95-16, § 25, adopted June 27, 1995.

(a)

Accessory uses are uses subordinate or secondary to the permitted industrial uses and support the permitted industrial uses in the building or structure in which they are located.

(b)

Accessory uses contribute to the comfort, convenience, or necessity of the occupants, employees, and customers of the permitted use.

(c)

Accessory uses are secondary and incidental to the permitted industrial use and occupy a small percentage of the building in which they are located.

(d)

Accessory uses are not allowed to be located in a free-standing building, unless otherwise provided for in section 38-903.

(Ord. No. 95-16, § 25, 6-27-95)

Editor's note— Ord. No. 95-16, § 25, adopted June 27, 1995, in effect repealed and re-enacted § 38-905, which previously pertained to performance standards and derived from the Planning & Zoning Resolution, art. XXVIII, § 5.

Any retail use listed as a permitted use in the C-1, C-2, or C-3 zoning districts may be permitted as an accessory retail use, provided the following standards are met:

(1)

The accessory use shall be located inside the building occupied by the principal use.

(2)

There shall be at least one (1) means of access from the interior of the principal use building.

(3)

The total floor area of all accessory uses shall not exceed twenty (20) percent of the total square footage of the building in which it is located.

(Ord. No. 97-05, § 8, 4-29-97)

(4)

Outdoor display or storage of merchandise is not permitted in conjunction with any accessory use. However, outdoor seating is permitted.

(5)

Hours of operation for any accessory use shall commence within one (1) hour before and cease within one (1) hour after the hours of the principal use.

(Ord. No. 95-16, § 25, 6-27-95)

Editor's note— Ord. No. 95-16, § 25, adopted June 27, 1995, in effect repealed and re-enacted § 38-906, which previously pertained to yard requirements and derived from the Planning & Zoning Resolution, art. XXVIII, § 6, and Ord. No. 92-42, § 13, adopted Dec. 15, 1992.

Within the I-1A industrial district, the site and building requirements for each lot/parcel are established in article XII of this chapter, and as follows:

(1)

Where the I-1A lot abuts a residential zoning district that portion of the setback area that is not required to be landscaped shall not be used for processing activities, buildings or structures other than fences, walls, or off-street parking.

(2)

Open storage of equipment, materials or commodities shall be prohibited.

(3)

The parking of passengers and commercial vehicles shall not be located in any buffer yard as required by chapter 24 of this Code.

(4)

Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential areas, unless the property is not accessible from a non-residential street, as determined by the zoning manager.

(5)

The parking of commercial and passenger vehicles may be permitted in any required yard, except the front fifty (50) percent of required yard.

(6)

Refuse and solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(7)

See Article X of this chapter for additional environmental performance standards.

(Ord. No. 95-16, § 25, 6-27-95; Ord. No. 98-37, § 12, 12-15-98; Ord. No. 2016-19, § 19, 9-13-16; Ord. No. 2023-46, § 27, 12-12-23)

Editor's note— Ord. No. 95-16, § 25, adopted June 27, 1995, in effect repealed and re-enacted § 38-907, which previously pertained to parking and loading and derived from the Planning & Zoning Resolution, art. XXVIII, § 7.

Other requirements for the I-1A district are as follows:

(1)

Landscaping/buffer yards. Refer to Orange County Code, chapter 24 (Landscape and Buffer Regulations).

(2)

Open space. Refer to Orange County Code, chapter 24 (Open Space Regulations).

(3)

Parking. Refer to Orange County Code, chapter 38, article XI (Parking Standards).

(4)

Signage. Refer to Orange County Code, chapter 31.5 (Sign Ordinance).

(5)

Development permits. Refer to Orange County Code, chapter 30 (Site Development Plan Regulations).

(P & Z Res., art. XXVIII, § 8; Ord. No. 95-16, § 25, 6-27-95)

Each application for a land use and building permit shall be accompanied with a site plan, incorporating the regulations established herein. The site plan shall be drawn to scale, indicating property line, 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 a part of the land use and building permit and may be amended only by authority and directive of the planning and zoning commission.

(P & Z Res., art. XXVIII, § 9)

The intent and purposes of the I-1/I-5 industrial district are as follows:

(1)

To provide areas for light manufacturing and industry. It is intended that this district will provide low intensity industrial development which will have minimal impact on the surrounding areas.

(2)

To provide space for those industries which required locations accessible to major transportation facilities.

(3)

To establish and maintain standards which will protect adjacent residential and commercial developments.

(4)

To provide space for those industries and other uses of land which require a location in close proximity to airports.

(5)

To provide locations for those industries which employ the processing of bulk material and which require space for open storage of materials.

(6)

To allow industrial uses where proximity to residential or commercial districts makes it desirable to limit the manner and extent of industrial operations.

(7)

To establish and maintain standards which promote development of a wide variety of industrial and related activities.

(P & Z Res., art. XIII, § 1; Ord. No. 95-16, § 26A, 6-27-95)

A use shall be permitted in the I-1/I-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. XIII, § 2; Ord. No. 95-16, § 26A, 6-27-95)

Editor's note— At a public hearing on Mar. 21, 1991, the planning and zoning commission/local planning agency determined that a wholesale landscaping materials supply business was a similar and compatible use in the I-1, industrial park district.

 At a public hearing on Oct. 17, 1991, the planning and zoning commission/local planning agency determined that a church was a similar and compatible use in the I-1 restricted zoning district.

 At a public hearing on Dec. 19, 1991, the planning and zoning commission/local planning agency determined that boat service and repair, including paint and body work, was a similar and compatible use in the I-1 restricted zoning district, provided all activities of such type are conducted and totally confined within an enclosed strucure.

 At a public hearing on Oct. 15, 1992, the planning and zoning commission/local planning agency determined that a car rental agency was a similar and compatible use in the I-1 restricted industrial district.

A use shall be prohibited in the I-1/I-5 district if the space for that use is blank in the use table set forth in section 38-77.

(P & Z Res., art. XIII, § 3; Ord. No. 95-16, § 26A, 6-27-95)

Editor's note— Ord. No. 2016-19, § 18, adopted Sept. 13, 2016, repealed § 38-929, which pertained to support free standing retail use and derived from 95-16, § 26A, adopted June 27, 1995.

(a)

Accessory uses are uses subordinate or secondary to the permitted industrial uses and support the permitted industrial uses in the building or structure in which they are located.

(b)

Accessory uses contribute to the comfort, convenience, or necessity of the occupants, employees, and customers of the permitted use.

(c)

Accessory uses are secondary and incidental to the permitted industrial use and occupy a small percentage of the building in which they are located.

(d)

Accessory uses are not allowed to be located in a free-standing building, unless otherwise provided for in section 38-928.

(Ord. No. 95-16, § 26A, 6-27-95)

Editor's note— Ord. No. 95-16, § 26A, adopted June 27, 1995, in effect repealed and re-enacted § 38-930, which previously pertained to performance standards and derived from the Planning & Zoning Resolution, art. XIII, § 5.

Any retail use listed as a permitted use in the C-1, C-2, or C-3 zoning districts may be permitted as an accessory retail use, provided the following standards are met:

(1)

The accessory use shall be located inside the building occupied by the principal use.

(2)

Access shall be from the interior of the principal use building.

(3)

The floor area of any accessory use shall not exceed twenty (20) percent of the total square footage of the building in which it is located.

(4)

Hours of operation for any accessory use shall be within one (1) hour before and one (1) hour after the normal hours of the principal use.

(Ord. No. 95-16, § 26A, 6-27-95)

Editor's note— Ord. No. 95-16, § 26A, adopted June 27, 1995, in effect repealed and re-enacted § 38-931, which previously pertained to yard requirements and derived from the Planning & Zoning Resolution, art. XIII, § 6, and Ord. No. 92-42, § 13, adopted Dec. 15, 1992.

Within the I-1/I-5 industrial district, the site and building requirements for each lot/parcel are established in article XII of this chapter, and as follows:

(1)

Specific landscaping within the setback area shall be in accordance with chapter 24 of the Orange County Code. That portion of the setback area that is not required to be landscaped shall not be used for processing activities, buildings or structures other than fences, walls, or off-street parking.

(2)

Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential areas, unless the property is not accessible from a non-residential street, as determined by the zoning manager.

(3)

The open storage of equipment or commodities may be permitted, provided such storage shall not be located within any required front buffer yard, as required by chapter 24 of this Code.

(4)

The parking of commercial and passenger vehicles may be permitted in any required yard, except the front fifty (50) percent of required yard.

(5)

Refuse and solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(6)

See Article X of this chapter for additional environmental performance standards.

(Ord. No. 95-16, § 26A, 6-27-95; Ord. No. 98-37, § 13, 12-15-98; Ord. No. 2008-06, § 14, 5-13-08; Ord. No. 2016-19, § 19, 9-13-16; Ord. No. 2023-46, § 28, 12-12-23)

Editor's note— Ord. No. 95-16, § 26A, adopted June 27, 1995, in effect repealed and re-enacted § 38-932, which previously pertained to parking and loading and derived from the Planning & Zoning Resolution, art. XIII, § 7.

Other requirements for the I-1/I-5 industrial district are as follows:

(1)

Landscaping/buffer yards. Refer to Orange County Code, Chapter 24 (Landscape and Buffer Regulations).

(2)

Open space. Refer to Orange County Code, Chapter 24 (Open Space Regulations).

(3)

Parking. Refer to Orange County Code, Chapter 38, Article XI (Parking Standards).

(4)

Signage. Refer to Orange County Code, Chapter 31.5 (Sign Ordinance).

(5)

Development permits. Refer to Orange County Code, chapter 30 (Site Development Plan Regulations).

(P & Z Res., art. XIII, § 8; Ord. No. 95-16, § 26A, 6-27-95)

Each application for a land use and building permit shall be accompanied with 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, 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 a part of the land use and building permit and may be amended only by authority and directive of the planning and zoning commission.

(P & Z Res., art. XIII, § 9)

The intent and purpose of the I-2/I-3 industrial district are as follows:

(1)

To provide space for those industries which require locations near compatible neighbors, good transportation facilities and utilities.

(2)

To establish and maintain regulations which will allow the continued development of certain existing industrially zoned property and certain lands adjacent thereto where there exist lots, structures and uses of land which were lawful before the adoption of this article but which may be prohibited by the requirements of the I-1A and I-1/I-5 industrial districts.

(3)

To establish and maintain standards that will promote the development of a wide variety of general industrial and related activities which require a pleasant environment, compatible surroundings, and intensive use of land.

(4)

To establish and maintain standards which will protect adjacent residential and commercial developments.

(P & Z Res., art. XV, § 1; Ord. No. 95-16, § 27B, 6-27-95)

A use shall be permitted in the I-2/I-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. XV, § 2; Ord. No. 92-13, § 11, 4-7-92; Ord. No. 95-16, § 27B, 6-27-95)

Editor's note— At a public hearing on Mar. 21, 1991, the planning and zoning commission/local planning agency determined that used car sales were similar and compatible use in the I-3 industrial park district.

 At a public hearing on Oct. 17, 1991, the planning and zoning commission/local planning agency determined that a church use was a similar and compatible use in the I-3 indstrial park district.

 At a public hearing on Jan. 21, 1993, the planning and zoning commission/local planning agency determined that sales and service of cellular telephones was a similar and compatible use in the I-3 industrial park district.

A use shall be prohibited in the I-2/I-3 district if the space for that use is blank in the use table set forth in section 38-77.

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

Editor's note— Ord. No. 2016-19, § 18, adopted Sept. 13, 2016, repealed § 38-979, which pertained to support free standing retail uses and derived from Ord. No. 95-16, § 27B, adopted June 27, 1995.

Any retail use listed as a permitted use in the C-1, C-2, or C-3 zoning districts may be permitted as an ancillary retail use, provided the following standards are met:

(1)

Accessory uses shall be located inside the building occupied by the principal use.

(2)

Access shall be from the interior of the principal use building.

(3)

The floor area of the accessory use shall not exceed twenty (20) percent of the total square footage of the building in which it is located.

(4)

Hours of operation for any accessory use shall be within one (1) hour before and one (1) hour after the normal hours of the principal use.

(Ord. No. 95-16, § 27B, 6-27-95)

Editor's note— Ord. No. 95-16, § 27B, adopted June 27, 1995, in effect repealed and re-enacted § 38-980, which previously pertained to general requirements and derived from the Planning & Zoning Resolution, art. XV, § 4, and Ord. No. 92-41, § 43, adopted Dec. 22, 1992.

Within the I-2/I-3 industrial district, the site and building requirements for each lot/parcel are established in article XII of this chapter, and as follows:

(1)

Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential districts, unless the property is not accessible from a non-residential street, as determined by the zoning manager.

(2)

The open storage of equipment, materials or commodities may be permitted, provided such storage shall not be located within any required front or buffer yard; shall be screened from all public streets; and, when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screens may be in the form of walls, fences or landscaping; shall be at least six (6) feet in height; and shall be at least fifty (50) percent opaque as viewed from any point along the public street, right-of-way, or the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after open storage uses are established.

(3)

The parking of commercial vehicles, such as trucks, cargo trailers and tractors may be permitted on hard surface lots, provided such lots shall not be located in any required buffer yard or within the front fifty (50) percent of any required front yard. Furthermore, such commercial vehicles, when located on a lot abutting a residential district, shall be screened from the residential district. Such screen may be in the form of walls, fences or landscaping; shall be at least six (6) feet in height; and shall be at least fifty (50) percent opaque as viewed from any point along the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after commercial parking lots are established.

(4)

The parking of passenger vehicles shall be permitted in any required yard except the front fifty (50) percent of required front yards and portions of the buffer yards as otherwise established in this article.

(5)

Specific landscaping within the setback area shall be in accordance with section 24-5 of this Code. That portion of the setback area that is not required to be landscaped shall not be used for processing activities, buildings or structures other than fences, walls or off-street parking.

(6)

Refuse and solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(7)

See Article X of this chapter for additional environmental performance standards.

(P & Z Res., art. XV, §§ 5, 6; Ord. No. 92-41, § 43, 12-22-92; Ord. No. 92-42, § 13, 12-15-92; Ord. No. 95-16, § 27B, 6-27-95; Ord. No. 97-05, § 9, 4-29-97; Ord. No. 98-37, § 14, 12-15-98; Ord. No. 2016-19, § 19, 9-13-16; Ord. No. 2023-46, § 29, 12-12-23)

Other requirements for the I-2/I-3 industrial district are as follows:

(1)

Landscaping/buffer yards. Refer to Orange County Code, chapter 24 (Landscape and Buffer Regulations).

(2)

Open space. Refer to Orange County Code, chapter 24 (Open Space Regulations).

(3)

Parking. Refer to Orange County Code, chapter 38, article XI (Parking Standards).

(4)

Signage. Refer to Orange County Code, chapter 31.5 (Sign Ordinance).

(5)

Development permits. Refer to Orange County Code, chapter 30 (Site Development Plan Regulations).

(Ord. No. 95-16, § 27B, 6-27-95)

The minimum parking and loading requirements are established in article XI of this chapter.

(P & Z Res., art. XV, § 7; Ord. No. 92-41, § 43, 12-22-92)

Editor's note— Ord. No. 95-16, § 27B, adopted June 27, 1995, repealed § 38-984, which pertained to other requirements and derived from Planning & Zoning Resolution, art. XV, § 8, and Ord. No. 92-41, § 43, adopted Dec. 22, 1992.

Each application for a land use and building permit shall be accompanied with 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, 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.

(P & Z Res., art. XV, § 9; Ord. No. 92-41, § 43, 12-22-92)

The intent and purpose of the I-4 industrial district are as follows:

(1)

To provide for industrial operations of all types, which may produce such by-products as odor, smoke, dust, and noise.

(2)

To provide space for industries which employ the processing of bulk materials and which require space for open storage of materials.

(3)

To establish and maintain standards which will permit a wide variety of processing activities.

(4)

To establish and maintain standards which will protect adjacent residential and commercial developments.

(P & Z Res., art. XVI, § 1; Ord. No. 95-16, § 28, 6-27-95)

A use shall be permitted in the I-4 district if the use is identified by the letter "P" in the use table set forth in section 38-77.

(P & Z Res., art. XVI, § 2; Ord. No. 92-13, § 11, 4-7-92; Ord. No. 92-41, § 44, 12-22-92; Ord. No. 94-26, §§ 3, 4, 12-13-94; Ord. No. 95-16, § 28, 6-27-95)

Editor's note— At a public hearing on Feb. 21, 1991, the planning and zoning commission/local planning agency determined that assembly and sales of motorcycles on a wholesale and/or bulk rate basis was a similar and compatible use in the I-4 general industrial district, and further, that retail sales of motorcycles, as well as the sale and service of parts, and service of motorcycles, be permitted as ancillary uses.

 At a public hearing on Oct. 17, 1991, the planning and zoning commission/local planning agency determined that a church use was a similar and compatible use in the I-4 general industrial district.

A use shall be prohibited in the I-4 district if the space for that use is blank in the use table set forth in section 38-77.

(P & Z Res., art. XVI, § 3; Ord. No. 92-41, § 45, 12-22-92; Ord. No. 95-16, § 28, 6-27-95)

A use shall be permitted as a special exception in the I-4 district if the use is identified by the letter "S" in the use table set forth in section 38-77.

(Ord. No. 92-41, § 46, 12-22-92; Ord. No. 95-16, § 28, 6-27-95)

Editor's note— Ord. No. 2016-19, § 18, adopted Sept. 13, 2016, repealed § 38-1005, which pertained to support free standing retail uses and derived from Ord. No. 95-16, § 28, adopted June 27, 1995.

(a)

Accessory uses are uses subordinate or secondary to the permitted industrial uses and support the permitted industrial uses in the building or structure in which they are located.

(b)

Accessory uses contribute to the comfort, convenience, or necessity of the occupants, employees, and customers of the permitted use.

(c)

Accessory uses are secondary and incidental to the permitted industrial use and occupy a small percentage of the building in which they are located.

(d)

Accessory uses are not allowed to be located in a free-standing building, unless otherwise provided for in section 38-1004.

(Ord. No. 95-16, § 28, 6-27-95)

Editor's note— Ord. No. 95-16, § 28, adopted June 27, 1995, in effect repealed and re-enacted § 38-1006, which previously pertained to performance standards and derived from the Planning & Zoning Resolution, art. XVI, § 5 and Ord. No. 92-41, § 46, adopted Dec. 22, 1992.

Any retail use listed as a permitted use in the C-1, C-2, or C-3 zoning districts may be permitted as an accessory retail use, provided the following standards are met:

(1)

The accessory use shall be located inside the building occupied by the principal use.

(2)

Access shall be from the interior of the principal use building.

(3)

The floor area of the accessory use shall not exceed twenty (20) percent of the total square footage of the building in which it is located.

(4)

Hours of operation for any accessory use shall be within one (1) hour before and one (1) hour after the normal hours of the principal use.

(Ord. No. 95-16, § 28, 6-27-95)

Editor's note— Ord. No. 95-16, § 28, adopted June 27, 1995, in effect repealed and re-enacted § 38-1007, which previously pertained to yard requirements and derived from the Planning & Zoning Resolution, art. XVI, § 6, Ord. No. 92-41, § 46, adopted Dec. 22, 1992, and Ord. No. 92-42, § 13, adopted Dec. 15, 1992.

Within the I-4 industrial district, the site and building requirements for each lot/parcel are established in article XII of this chapter, and as follows:

(1)

Specific landscaping within the setback area shall be in accordance with the Orange County Code, section 24-5. That portion of the setback area that is not required to be landscaped shall not be used for processing activities, buildings or structures other than fences, walls, or off-street parking.

(2)

The open storage of equipment, materials or commodities may be permitted, provided such storage shall not be located within any required front or buffer yard; shall be screened from all public streets; and, when located on a lot adjacent to a residential district, shall be screened from such residential district. Such screens may be in the form of walls, fences or landscaping; shall be at least six (6) feet in height; and shall be at least fifty (50) percent opaque as viewed from any point along the public street, right-of-way, or the residential district boundary. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after open storage uses are established.

(3)

Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential districts, unless the property is not accessible from a non-residential street, as determined by the zoning manager.

(4)

The parking of commercial vehicles may be permitted provided such areas shall not be located in any required buffer yard or within the front fifty (50) percent of any required front yard. Furthermore, such vehicles, when located on a lot abutting a residential district, shall be screened from the residential district in accordance with chapter 24 of this Code.

(5)

Refuse and solid waste areas shall comply with the following:

a.

Shall not be located within any front yard;

b.

Shall not be located within any landscape buffer;

c.

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

d.

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

e.

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

(6)

See article X of this chapter for additional environmental performance standards.

(Ord. No. 95-16, § 28, 6-27-95; Ord. No. 97-05, § 10, 4-29-97; Ord. No. 98-37, § 15, 12-15-98; Ord. No. 2016-19, § 19, 9-13-16; Ord. No. 2023-46, § 30, 12-12-23)

Editor's note— Ord. No. 95-16, § 28, adopted June 27, 1995, in effect repealed and re-enacted § 38-1008, which previously pertained to parking and loading and derived from the Planning & Zoning Resolution, art. XVI, § 7, and Ord. No. 92-41, § 46, adopted Dec. 22, 1992.

Other requirements for the I-4 industrial district are as follows:

(1)

Landscaping/buffer yards. Refer to Orange County Code, chapter 24 (Landscape and Buffer Regulations).

(2)

Open space. Refer to Orange County Code, chapter 24 (Open Space Regulations).

(3)

Parking. Refer to Orange County Code, chapter 38, article XI (Parking Standards).

(4)

Signage. Refer to Orange County Code, chapter 31.5 (Sign Ordinance).

(5)

Development permits. Refer to Orange County Code, chapter 30 (Site Development Plan Regulations).

(P & Z Res., art. XVI, § 8; Ord. No. 92-41, § 46, 12-22-92; Ord. No. 95-16, § 28, 6-27-95)

Each application for a land use and building permit shall be accompanied with 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, 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.

(P & Z Res., art. XVI, § 9; Ord. No. 92-41, § 46, 12-22-92)

(a)

Intent and purpose. This division provides specific design standards for the West State Road 50 Corridor Overlay District with the purpose of promoting and facilitating intergovernmental coordination along west State Road 50.

(1)

At the time of enactment of this division, West State Road 50 is or was planned for major improvements, providing opportunities for aesthetic and functional enhancements in land use and traffic management.

(2)

The Orange County Intergovernmental Coordination Element and F.S. Ch. 163 require the coordination of land uses and roadway design between Orange County and affected cities through joint planning agreements; Orange County has previously entered into joint planning area agreements with the Town of Oakland, and the cities of Ocoee and Winter Garden, located along West State Road 50.

(3)

There are unincorporated areas and enclaves along West State Road 50 in which the uses and designs may impact the important business areas of the surrounding municipality.

(4)

The county, in conjunction with the Town of Oakland and the Cities of Ocoee and Winter Garden, has developed coordinated and consistent design standards to enhance the appearance of the corridor.

(5)

Use of these standards will minimize regulatory confusion and protect the visual appearance of entryways to Ocoee, Winter Garden, and Oakland.

(6)

The overlay district created by this division is consistent with the economic element of the comprehensive plan, which is designed to accommodate and promote economic growth, and which specifically calls for the use of such special zoning districts.

(7)

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.

(Ord. No. 2002-12, § 1, 9-17-02; Ord. No. 2016-19, § 20, 9-13-16)

A special design overlay district is established, to be known as the West State Road 50 Corridor Overlay District (the "district"). The district is comprised of all lands which, as of the date of enactment of this division, abut West State Road 50, between the western boundary of the intersection of State Road 50 and Good Homes Road and the western boundary of the county. A map depicting all properties in the district is attached as exhibit A to the ordinance which enacted this division and is available for inspection in the office of the clerk to the board of county commissioners.

(Ord. No. 2002-12, § 1, 9-17-02)

(a)

Lands subject to district regulations. This division applies only to lands lying within the district, but not within the boundaries of any municipality. These properties are identified on exhibit b, a copy of which shall be kept permanently on file in the office of the clerk to the board of county commissioners and available for inspection during normal working hours.

(b)

Conflict with other sections. Development and use of all such lands may occur only in compliance with both this division and with the provisions of this chapter that govern the underlying zoning district in which the land is located. When there is conflict between this division and the provisions applying to the underlying zoning district, this division governs.

(c)

Applicability. This division applies to any rezoning, subdivision, development, special exception, building or structure approval permit.

(d)

Expansion of existing structures. This division applies to all development, redevelopment or expansion of existing development that increases the building(s) cumulative gross floor area by more than fifty (50) percent.

(e)

Grandfather provision. Any building or sign which exists on the date of the enactment of this division, which conforms to the requirements of this Code as it exists immediately prior to the enactment of this division, and which is damaged or destroyed due to fire, flood, storm damage or other acts of God, may be reconstructed to the size and footprint of the building as it existed on the date of the enactment of this division without complying with this division.

(Ord. No. 2002-12, § 1, 9-17-02)

(a)

Architectural design requirements. Commercial development shall conform to the design requirements of the Orange County Commercial Design Standards, Ordinance number 2001-14, as codified in sections 9-115 through 9-124, sections 24-2 through 24-4, section 38-833, and section 38-1272.

(b)

Building orientation. Buildings in the district must provide a main customer entrance facing the State Road 50 right-of-way. Automobile service bays may not face the right-of-way.

(c)

Setbacks. Setbacks for principal structures and accessory buildings are as follows:

(1)

Front building setback shall be not less than 50 feet from the State Road 50 right-of-way line.

(2)

Rear- and side-yard setbacks shall follow the requirements of the underlying zoning district.

(d)

Landscaping treatment.

(1)

The grounds adjacent to the right-of-way must be landscaped as follows:

a.

The landscaped yard must be a minimum of seven feet for lots up to one hundred fifty (150) feet in depth, and five (5) percent of the lot depth for those lots greater than one hundred fifty (150) feet in depth, up to a maximum required landscaped yard of fifteen (15) feet.

b.

On those properties with multiple lot depths, the depth of the landscaped yard must be the average of the several lot depths, subject to the minimum and maximum set forth in subparagraph a.

(2)

No parking spaces or loading docks are permitted within the landscaped yard. Primary or joint access driveways among adjoining properties are permitted within the buffer.

(3)

Landscaped yards may incorporate existing on-site trees and shrubbery into the landscaping schemes, and all submitted plans shall indicate such incorporation.

(4)

Landscaped yards along State Road 50 must have a visual screen at least three feet in height, consisting of a landscaped berm, shrubbery, a masonry wall, or any combination thereof, and shade trees (as defined in section 24-2) must be placed at an average of one shade tree per forty (40) linear feet of frontage on State Road 50.

(5)

Non-fenced stormwater ponds (typically 5:1 slopes to three (3) feet below the Normal High-water Line) may be placed within landscaped yards, providing the landscaping and berm requirements of this division are met.

(e)

Sidewalks and pedestrian connections. Five-foot wide sidewalks must be provided along State Road 50.

(f)

Fencing. Chain-link fencing between any building and State Road 50 is prohibited. Barbed-wire fencing may be installed only on industrial-zoned properties and only if not visible from the State Road 50 right-of-way.

(Ord. No. 2002-12, § 1, 9-17-02; Ord. No. 2015-17, § 30(d), 9-22-15)

Nonconforming uses and structures in the district are subject to the provisions of sections 38-46 through 38-56, except as specified in section 38-1028(e).

(Ord. No. 2002-12, § 1, 9-17-02)

Variances and appeals from any portion of this division will be processed in accordance with procedures established in the referenced sections of this Code as follows:

(1)

Zoning performance standards: section 30-48.5.

(2)

Signage: section 31.5-8.

(3)

Landscaping: section 24-3(h).

(4)

Architectural design standards: section 9-552(e).

(5)

Sidewalks: section 34-27.

(Ord. No. 2002-12, § 1, 9-17-02)

This division creates a zoning overlay district to be known as the "South Orange Avenue Corridor Overlay District" for the purpose of promoting and facilitating an enhanced corridor along designated segments of South Orange Avenue and Hansel Avenue with certain zoning prohibitions and restrictions to ensure compatibility of land uses within and outside the district, especially as between areas within and outside of municipal boundaries.

(1)

The county recognizes that it is in the best interests of its residents and businesses in both the incorporated and unincorporated areas along the South Orange Avenue corridor to utilize the county's home-rule authority to promote the enhancement of the corridor.

(2)

There are unincorporated areas and enclaves along the South Orange Avenue corridor in which current and potential future land uses may adversely impact the development or redevelopment of the southern periphery of the county's metropolitan core.

(3)

Adopting and employing these standards will minimize regulatory confusion and help maintain land-use compatibility with the residential areas immediately adjacent to the South Orange Avenue corridor.

(4)

The overlay district created by this division is consistent with the Orange County Comprehensive Plan, including but not limited to its economic element, which is designated to accommodate and promote economic growth, and which specifically calls for the use of such special zoning districts, and its intergovernmental coordination element, which require or encourage the coordination of land uses between the county and municipalities.

(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.

(Ord. No. 2003-12, § 1, 9-9-03; Ord. No. 2016-19, § 21, 9-13-16)

A special land-use overlay district is hereby established, to be known as the South Orange Avenue Corridor Overlay District (the "district"). The district shall be comprised of all unincorporated parcels or lots lying in whole or in part within five hundred (500) feet of either edge of the right-of-way for South Orange Avenue, and within five hundred (500) feet of either edge of the right-of-way for the Hansel Avenue split of South Orange Avenue, all between the southern boundary of the intersection of South Orange Avenue and Pineloch Avenue on the north, and the northern boundary of the intersection of South Orange Avenue and Sand Lake Road on the south. A map depicting the boundaries of the district is attached as Exhibit "A" to Ordinance No. 2003-12, which enacted this division on September 9, 2003, and shall be available for inspection in the office of the clerk to the board of county commissioners.

(Ord. No. 2003-12, § 1, 9-9-03)

(a)

Lands subject to district regulations. This division applies only to unincorporated parcels or lots lying in whole or in part within the district. This division shall cease to govern the use and development of any such lands if and when they may be lawfully annexed by a municipality, as provided by and subject to F.S. § 171.062(2).

(b)

Conflict with other sections. Development and use of all such lands may occur only in compliance with both this division and with the provisions of this chapter that govern the underlying zoning district in which the land is located. When there is conflict between this division and the provisions applying to the underlying zoning district, this division governs.

(c)

Applicability. This division applies to any rezoning, subdivision, special exception, building permit, use permit, or other development permit, as the term "development permit" is defined by general law, that is applied for after September 9, 2003 where the applicant seeks to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure.

(d)

Responsibility of applicant for development permit. Everyone who applies for a development permit to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure shall print on the front page of the application or plans the following in capital letters that are at least two (2) inches high: "THIS APPLICATION [OR THESE PLANS] RELATE TO THE SOUTH ORANGE AVENUE OVERLAY DISTRICT, WHICH WAS ESTABLISHED UNDER AND IS SUBJECT TO ORDINANCE NO. 2003-12, ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON SEPTEMBER 9, 2003."

(Ord. No. 2003-12, § 1, 9-9-03)

The following uses shall be prohibited in the district:

(1)

Labor pools and labor halls, as defined by F.S. § 448.22(1) and (3), respectively;

(b)

Any business in which a material part of its services includes loans secured by vehicle titles (often known as "car-title loans"), but not including financial institutions such as banks, credit unions, trust companies, consumer finance and retail installment lenders;

(c)

Any business commonly known as "check cashing," or any business in which a material part of its services includes future employment wages or other compensation (often known as "payday loans," or "pay day advances"), but not including retail businesses which provide a check cashing service as an incidental part of their business and financial institutions such as banks, credit unions, and trust companies;

(d)

Tattoo, body art, or body piercing businesses;

(e)

Pawnshops, as defined by F.S. § 539.001(2)(1);

(f)

Bail bond agencies, as defined by F.S. § 648.25(1);

(g)

Flea markets, except for those operating in conjunction with not-for-profit functions;

(h)

Fortune tellers, tarot card readers, palm readers, psychics, and similar businesses; and

(i)

Bottle clubs, as defined by this chapter.

Editor's note— Ord. No. 2015-17,, § 30(b), adopted Sept. 22, 2015, repealed § 38-1055, which pertained to prohibited signage and derived from Ord. No. 2003-12, § 1, adopted Sept. 9-2003.

Nonconforming uses, buildings, structures, and signs, including those which result from the creation of this division, shall be subject to the provisions of sections 38-46 through 38-56 regarding nonconforming uses.

(Ord. No. 2003-12, § 1, 9-9-03)

This division creates a zoning overlay district to be known as the "Conway Road/Hoffner Avenue Corridor Overlay District" for the purpose of promoting and facilitating an enhanced corridor along designated segments with certain zoning prohibitions and restrictions to ensure compatibility of land uses within and outside the district, especially as between areas within and outside of municipal boundaries.

(1)

The county recognizes that it is in the best interest of its residents and businesses in both the incorporated and unincorporated areas along the Conway Road/Hoffner Avenue corridor to utilize the county's home-rule authority to promote the enhancement of the corridor.

(2)

There are unincorporated areas and enclaves along the Conway Road/Hoffner Avenue corridor in which current and potential future land uses may adversely impact the development or redevelopment of the eastern periphery of the county's metropolitan core.

(3)

Adopting and employing these standards will minimize regulatory confusion and help maintain land-use compatibility with the residential areas immediately adjacent to the Conway Road/Hoffner Avenue corridor.

(4)

The overlay district created by this division is consistent with the Orange County Comprehensive Plan, including but not limited to its economic element, which is designed to accommodate and promote economic growth, and which specifically calls for the use of such special zoning districts, and its intergovernmental coordination element, which require or encourage the coordination of land uses between the county and municipalities.

(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.

(Ord. No. 2003-20, § 2, 12-9-03; Ord. No. 2015-19, § 1, 10-20-15; Ord. No. 2016-19, § 22, 9-13-16)

A special land-use overlay district is hereby established, to be known as the Conway Road/Hoffner Avenue Corridor Overlay District (the "district"). The district shall be comprised of all unincorporated parcels or lots lying in whole or in part within five hundred (500) feet of either edge of the right-of-way for Conway Road, all between the northern boundary of the intersection of Conway Road and Curry Ford Road on the north and the northern boundary of the intersection of Conway Road and S.R. 528 (the Beeline Expressway) on the south; and all unincorporated parcels or lots lying in whole or in part within five hundred (500) feet of either edge of the right-of-way of Hoffner Avenue, all between the eastern boundary of the intersection of Hoffner Avenue and Conway Road on the west and the western boundary of the intersection of Hoffner Avenue and Semoran Boulevard on the east. A map depicting the boundaries of the district is attached as Exhibit "A" to Ordinance No. 2016-19, and shall be available for inspection in the office of the clerk to the board of county commissioners.

(Ord. No. 2003-20, § 2, 12-9-03; Ord. No. 2015-19, § 1, 10-20-15; Ord. No. 2016-19, § 22, 9-13-16)

(a)

Lands subject to district regulations. This division applies only to unincorporated parcels or lots lying in whole or in part within the district. This division shall cease to govern the use and development of any such lands if and when they may be lawfully annexed by a municipality, as provided by and subject to F.S. § 171.062(2).

(b)

Conflict with other sections. Development and use of all such lands may occur only in compliance with both this division and with the provisions of this chapter that govern the underlying zoning district in which the land is located. When there is conflict between this division and the provisions applying to the underlying zoning district, this division governs.

(c)

Applicability. This division applies to any rezoning, subdivision, special exception, building permit, use permit, or other development permit, as the term "development permit" is defined by general law, that is applied for after December 9, 2003, where the applicant seeks to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure.

(d)

Responsibility of applicant for development permit. Everyone who applies for a development permit to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure shall print on the front page of the application or plans the following in capital letters that are at least two (2) inches high: "THIS APPLICATION [OR THESE PLANS] RELATE TO THE CONWAY ROAD/HOFFNER AVENUE CORRIDOR OVERLAY DISTRICT, WHICH IS CODIFIED AT SECTION 38-1059 THROUGH SECTION 38-1065 OF THE ORANGE COUNTY CODE."

(Ord. No. 2003-20, § 2, 12-9-03; Ord. No. 2015-19, § 1, 10-20-15; Ord. No. 2016-19, § 22, 9-13-16)

The following uses shall be prohibited in the district:

(1)

Labor pools and labor halls, as defined by F.S. §§ 448.22(1) and (3), respectively;

(2)

Any business in which a material part of its services includes loans secured by vehicle titles (often known as "car-title loans"), but not including financial institutions such as banks, credit unions, trust companies, consumer finance and retail installment lenders;

(3)

Any business commonly known as "check cashing," or any business in which a material part of its services includes future employment wages or other compensation (often known as "payday loans," or "pay day advances"), but not including retail businesses which provide a check cashing service as an incidental part of their business and financial institutions such as banks, credit unions, and trust companies;

(4)

Tattoo, body art, or body piercing businesses;

(5)

Pawnshops, as defined by F.S. § 539.001(2)(1);

(6)

Bail bond agencies, as defined by F.S. § 648.25(1);

(7)

Flea markets, except for those operating in conjunction with not-for-profit functions;

(8)

Fortune tellers, tarot card readers, palm readers, psychics, and similar businesses; and

(9)

Bottle clubs, as defined by this chapter.

(Ord. No. 2003-20, § 2, 12-9-03)

Editor's note— Ord. No. 2015-17, § 30(b), adopted Sept. 22, 2015, repealed § 38-1063, which pertained to prohibited signage and derived from Ord. No. 2003-20, § 2, adopted Dec. 9, 2003.

Notwithstanding anything to the contrary in section 38-1408, chain link fences shall be prohibited within the front yard setback of the properties in the district that are located adjacent to the right-of-way of Conway Road and Hoffner Avenue.

(Ord. No. 2003-20, § 2, 12-9-03; Ord. No. 2015-19, § 1, 10-20-15)

Nonconforming uses, buildings, structures, and signs, including those which result from the creation of this division, shall be subject to the provisions of section 38-46 through section 38-56 regarding nonconforming uses.

(Ord. No. 2003-20, § 2, 12-9-03)

(1)

This division creates a zoning overlay district, to be known as the "Pine Hills Neighborhood Improvement District Overlay Zone" or the "Pine Hills NID Overlay Zone," for the purpose of prohibiting certain non-residential uses that may adversely impact the development or redevelopment of the North Pine Hills Road/Silver Star Road corridors, and promoting and facilitating the vision of Pine Hills as a safe, business-friendly and family-oriented environment.

(2)

The county recognizes that it is in the best interest of its residents and businesses in the unincorporated areas along the North Pine Hills Road/Silver Star Road corridors to utilize the county's home-rule authority to promote the enhancement of the corridors.

(3)

The overlay district created by this division is consistent with the Orange County Comprehensive Plan, which provides in OBJ FLU8.3 that overlays shall be implemented and managed consistent with the goals of the Comprehensive Plan, including the use of techniques to promote compatibility objectives.

(4)

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.

(Ord. No. 2018-14, § 1, 6-19-18)

(1)

Pine Hills is a community located in an unincorporated area of Orange County generally bounded by Apopka-Vineland Road to the west, Clarcona-Ocoee Road to the north, the City of Orlando to the east and the East-West Expressway to the south (the "Pine Hills Area"); and

(2)

In 2011, Orange County established the Pine Hills Local Government Neighborhood Improvement District (the "Pine Hills NID"), which is located within a limited portion of the Pine Hills Area along segments of Silver Star Road and North Pine Hills Road, and which is codified at sections 33-206 through 33-213, Orange County Code; and

(3)

The board finds that neighborhood revitalization and improvement of the Silver Star Road and North Pine Hills Road corridors is the primary focus of the Pine Hills NID and the Pine Hills Neighborhood Improvement Plan, and that such goals will be furthered by the adoption of an overlay zone to prohibit certain non-residential land uses.

(Ord. No. 2018-14, § 1, 6-19-18)

The Pine Hills NID Overlay Zone is hereby established, and shall be comprised of all parcels and lots lying within the Pine Hills NID, as currently represented on the Official Zoning Maps of Orange County and more particularly described in section 33-206, Orange County Code.

(Ord. No. 2018-14, § 1, 6-19-18)

(1)

Lands subject to district regulations. This division applies only to unincorporated parcels or lots lying in whole or in part within the Pine Hills NID Overlay Zone. This division shall cease to govern the use and development of any such lands if and when they may be lawfully annexed by a municipality, as provided by and subject to F.S. § 171.062(2) (2017), as it may be amended from time to time.

(2)

Conflict with other sections. Development and use of all such lands may occur only in compliance with both this division and with the provisions of this chapter that govern the underlying zoning district in which the land is located. When there is conflict between this division and the provisions applying to the underlying zoning district, this division governs.

(3)

Applicability. This division applies to any rezoning, subdivision, special exception, building permit, use permit, or other development permit, as the term "development permit" is defined by general law, that is applied for within the Pine Hills NID Overlay Zone after June 19, 2018, where the applicant seeks to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure.

(4)

Responsibility of applicant for development permit. Everyone who applies for a development permit to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure within the Pine Hills NID Overlay Zone shall print on the front page of the application or plans the following in capital letters that are at least two inches high: "THIS APPLICATION [OR THESE PLANS] RELATE TO THE PINE HILLS NID OVERLAY ZONE, WHICH WAS ESTABLISHED UNDER AND IS SUBJECT TO ORDINANCE NO. 2018-14, ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON JUNE 19, 2018."

(Ord. No. 2018-14, § 1, 6-19-18)

The following uses shall be prohibited in the Pine Hills NID Overlay Zone:

(1)

Any business in which a material part of its services includes loans secured by vehicle titles (often known as "car-title loans"), but not including financial institutions such as banks, credit unions, trust companies, consumer finance and retail installment lenders;

(2)

Any business commonly known as "check cashing," or any business in which a material part of its services includes future employment wages or other compensation (often known as "payday loans," or "pay day advances"), but not including retail businesses that provide a check cashing service as an incidental part of their business and financial institutions such as banks, credit unions, and trust companies; includes future employment wages or other compensation (often known as "payday loans," or "pay day advances"), but not including retail businesses that provide a check cashing service as an incidental part of their business and financial institutions such as banks, credit unions, and trust companies;

(3)

Pawnshops, as defined by F.S. § 539.001 (2017), as it may be amended from time to time;

(4)

Package sale vendors, as defined in section 38-1414(a), Orange County Code, operating package sale businesses;

(5)

Bail bond agencies, as defined by F.S. § 648.25(1) (2017), as it may be amended from time to time;

(6)

Open air markets, as defined in section 38-79(110)a., Orange County Code;

(7)

Bottle clubs, as defined by F.S. § 561.01(15) (2017), as it may be amended from time to time;

(8)

New and used automobile sales;

(9)

Outdoor display or storage; and

(10)

Portable food vendors (reference section 38-79(87), Orange County Code).

(Ord. No. 2018-14, § 1, 6-19-18)

Labor pools and labor halls, as defined by F.S. §§ 448.22(1) and (3) (2017), respectively, as those sections may be amended from time to time, are permitted within the Pine Hills NID Overlay Zone, provided that the business provides an interior room or rooms for workers and day laborers waiting for work assignments or waiting to be picked up on site and requires such room or rooms to be utilized at all times by workers and day laborers when they are present at the business.

(Ord. No. 2018-14, § 1, 6-19-18)

Nonconforming uses, buildings, structures, and signs, including those that result from the creation of this division, shall be subject to the provisions of section 38-46 through section 38-55, Orange County Code, regarding nonconforming uses.

(Ord. No. 2018-14, § 1, 6-19-18)

This division creates a zoning overlay district to be known as the "State Road 436/State Road 50 Corridor Overlay District" for the purpose of promoting and facilitating an enhanced corridor along designated segments with certain zoning prohibitions and restrictions to ensure compatibility of land uses within and outside the district, especially as between areas within and outside of municipal boundaries.

(a)

The county recognizes that it is in the best interests of its residents and businesses in both the incorporated and unincorporated areas along the State Road 436/State Road 50 corridor to utilize the county's home-rule authority to promote the enhancement of the corridor.

(b)

There are unincorporated areas and enclaves along the State Road 436/State Road 50 corridor in which current and potential future land uses may adversely impact the development or redevelopment of the eastern periphery of the county's metropolitan core.

(c)

Adopting and employing these standards will minimize regulatory confusion and help maintain land-use compatibility with the residential areas immediately adjacent to the State Road 436/State Road 50 corridor.

(d)

The overlay district created by this division is consistent with the Orange County Comprehensive Plan, including, but not limited to its economic element, which is designed to accommodate and promote economic growth, and which specifically calls for the use of such special zoning districts, and its intergovernmental coordination element, which require or encourage the coordination of land uses between the county and municipalities.

(e)

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.

(Ord. No. 2004-15, § 2, 10-12-04; Ord. No. 2016-19, § 23, 9-13-16)

A special land-use overlay district is hereby established, to be known as the State Road 436/State Road 50 Corridor Overlay District (the "district"). The district shall be comprised of all parcels and lots situated within unincorporated Orange County and lying in whole or in part within five hundred fifty (550) feet of either edge of the right-of-way of State Road 436 (Semoran Boulevard), State Road 50 (Colonial Drive), and Old Cheney Highway between the northern boundary of the intersection of State Road 436 and State Road 408 (the East-West Expressway) on the south, one thousand fifty (1,050) feet north of the intersection of State Road 436 and Old Cheney Highway on the north, the western boundary of the intersection of State Road 50 and Goldenrod Road on the east, the eastern boundary of the intersection of State Road 50 and Humphries Avenue on the west, and along Old Cheney Highway from the intersection at State Road 50 west of State Road 436 easterly to the intersection at State Road 50 west of Goldenrod Road. A map depicting the boundaries of the district is attached as Exhibit "A" to Ordinance No. 2004-15, and shall be available for inspection in the office of the clerk to the board of county commissioners.

(Ord. No. 2004-15, § 2, 10-12-04)

(a)

Lands subject to district regulations. This division applies only to unincorporated non-residential parcels or lots lying in whole or in part within the district. This division shall cease to govern the use and development of any such lands if and when they may be lawfully annexed by a municipality, as provided by and subject to F.S. § 171.062(2).

(b)

Conflict with other sections. Development and use of all such lands may occur only in compliance with both this division and with the provisions of this chapter that govern the underlying zoning district in which the land is located. When there is conflict between this division and the provisions applying to the underlying zoning district, this division governs.

(c)

Applicability. This division applies to any rezoning, subdivision, special exception, building permit, use permit, or other development permit, as the term "development permit" is defined by general law, that is applied for after the date of enactment of this division where the applicant seeks to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure.

(d)

Responsibility of applicant for development permit. Everyone who applies for a development permit to construct, reconstruct, renovate, alter, or enlarge a land use, building or structure shall print on the front page of the application or plans the following in capital letters that are at least two (2) inches high: "THIS APPLICATION [OR THESE PLANS] RELATE TO THE STATE ROAD 436/STATE ROAD 50 CORRIDOR OVERLAY DISTRICT, WHICH WAS ESTABLISHED UNDER AND IS SUBJECT TO ORDINANCE NO. 2004-15, ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON October 12, 2004."

(Ord. No. 2004-15, § 2, 10-12-04)

The following uses shall be prohibited in the district:

(a)

Labor pools and labor halls, as defined by F.S. § 448.22(1) and (3), respectively;

(b)

Any business in which a material part of its services includes loans secured by vehicle titles (often known as "car-title loans"), but not including financial institutions such as banks, credit unions, trust companies, consumer finance and retail installment lenders;

(c)

Any business commonly known as "check cashing," or any business in which a material part of its services includes future employment wages or other compensation (often known as "payday loans," or "pay day advances"), but not including retail businesses which provide a check cashing service as an incidental part of their business and financial institutions such as banks, credit unions, and trust companies;

(d)

Tattoo, body art, or body piercing businesses;

(e)

Pawnshops, as defined by F.S. § 539.001(2)(1);

(f)

Bail bond agencies, as defined by F.S. § 648.25(1);

(g)

Flea markets, except for those operating in conjunction with not-for-profit functions;

(h)

Fortune tellers, tarot card readers, palm readers, psychics, and similar businesses; and

(i)

Bottle clubs, as defined by this chapter.

(Ord. No. 2004-15, § 2, 10-12-04)

Nonconforming uses, buildings, structures, and signs, including those which result from the creation of this division, shall be subject to the provisions of section 38-46 through section 38-56 regarding nonconforming uses.

(Ord. No. 2004-15, § 2, 10-12-04)

(1)

Intent and purpose. The transit oriented development (TOD) overlay zone is hereby established with the purpose of establishing an area located within one-half (½) mile of commuter rail stations in unincorporated Orange County within which mixed-use, pedestrian-friendly development is encouraged. The intent of the TOD overlay zone is to reduce reliance on the automobile and to promote lively, pedestrian-friendly development that will serve as an attractive place to live, work, shop and recreate. These TOD overlay zone regulations shall be administered by the county zoning division, except that any non-zoning aspects of these regulations shall be administered by the appropriate county department or division.

(2)

Area. The TOD overlay zone is comprised of that area located within a half-mile radius of each commuter rail station within unincorporated Orange County. This area is generally identified on Maps A and B which are attached to Ord. No. 2008-02 and incorporated herein by reference.

(3)

Standards. The following standards, described in more detail below, are encouraged to be applied to development within the TOD overlay zone:

(a)

Development will achieve greater density and intensity in the TOD.

1.

Greater density and intensity than the community norm is encouraged in the TOD with density and intensity greatest at the core (transit station) and lessening towards the edge of the TOD when said development promotes a pedestrian-friendly environment and provides convenient access to the transit facility;

2.

Surface lots are discouraged when developed in conjunction with the higher density/intensity areas referenced in paragraph 1., above; structured parking is preferred.

(b)

Promoting a mix of uses in the TOD.

1.

Active and pedestrian-friendly uses on the first floor of development are encouraged;

2.

Multiple compatible uses and/or a mix of uses designed to generate and facilitate pedestrian traffic is encouraged;

3.

Auto-oriented uses, such as automobile service stations and drive through facilities, are discouraged.

(c)

Promoting a quality pedestrian environment in the TOD.

1.

The primary facade of each building, including entranceways, are ideally sited and oriented for accessibility to and from the street with buildings placed adjacent to the streets to the maximum extent possible;

2.

Buildings should incorporate architectural features to convey a sense of place and development should provide varied and detailed building facades, which focus pedestrian attention on the environmental setting;

3.

Amenities, including but not limited to architectural features, windows, and landscaping, are encouraged to create a pedestrian-friendly environment;

4.

Site layout and building design should allow for direct pedestrian movement between transit, mixed uses and surrounding areas;

5.

Sidewalks are preferred along street frontage to provide connectivity and should be wide enough to accommodate the volume and type of pedestrian traffic expected in the area;

6.

Street patterns should be developed to simplify access for all modes of transportation and should be designed to serve vehicular traffic as well as pedestrians, bicyclists and transit customers;

7.

Design of the project should focus on the creation of a pleasant environment for the pedestrian so that pedestrian routes, such as sidewalks, are buffered from streets and parking facilities by locating buildings close to the sidewalks, by lining trees along the street, and by buffering the sidewalk with landscaping;

8.

Pedestrian scale lighting for pedestrian routes, such as sidewalks, is encouraged;

9.

Secure and convenient bicycle parking spaces are encouraged;

10.

Side or rear parking for all development is encouraged unless implementation would prohibit a pedestrian, transit friendly environment;

11.

Development design measures should be implemented to allow transit to be convenient to community centers, to provide for direct transit routes, to locate stops on streets, to allow for convenient extensions of existing transit routes, and to design routes to be functionally adequate for transit vehicle use.

(4)

All development shall be consistent with the underlying land use on the property and/or any development order issued pursuant to F.S. ch. 380, with station objectives, and with the elements stated in the county's comprehensive plan and this Code.

(5)

For those properties located within the TOD overlay zone and the South Orange Avenue Corridor Overlay District, as described in division 12 of this chapter, the provisions of both overlay districts shall apply.

(Ord. No. 2008-02, § 1, 2-5-08; Ord. No. 2016-19, § 24, 9-13-16)

For purposes of this division, the following definitions shall have the following meaning:

Active use shall mean retail, restaurants, and personal services that promote pedestrian activity, interaction, and convenience and that are developed in close proximity with high transparency and multiple entrances to enliven the block and the streetscape.

Commuter rail station shall mean the Sand Lake Road Station or the Meadow Woods Station, as described in the Central Florida Commuter Rail Environmental Assessment and Preliminary Engineering documents, the Transit Oriented Development Workshop Sketchbook and as is more specifically identified in Maps A and B attached to Ord. No. 2008-02.

Development shall have the meaning given in F.S. § 380.04.

Development permit shall have the meaning given in F.S. § 163.3164.

Drive-through facility shall refer to those uses described at section 9-559 of this Code.

Primary facade shall refer to that facade described at section 9-554 of this Code.

(Ord. No. 2008-02, § 1, 2-5-08)

(a)

Preapplication conference. Notwithstanding any other preapplication conference requirements stated in this Code, prior to an applicant seeking development approval within the TOD, the applicant shall engage in a preapplication conference. Four (4) copies of a TOD concept plan shall be submitted to the county planning manager at least ten (10) working days prior to a preapplication conference which shall be scheduled by the applicant with the planning manager, zoning manager and county engineer or their designees. The purpose of this meeting will be to acquaint the staff with the proposed project and to provide the prospective applicant with preliminary review comments to identify major concerns or the need for additional support data. Within five (5) working days following the meeting, the planning manager shall send a letter to the prospective applicant/consultants summarizing the major points of the meeting.

(b)

Appeal. The concept plan shall not be binding and the applicant shall have the right to review the concept plan with the director of growth management. The decision of the director of growth management may be appealed to the development review committee (DRC).

(c)

Exception. Any development permit, except special exceptions and rezoning requests, that are directly associated with existing single-family development within the TOD shall be exempt from the preapplication conference requirement.

(Ord. No. 2008-02, § 1, 2-5-08)

The TOD concept plan shall consist of a generalized sketch which is drawn to scale (the proportion and locations of land uses may be generalized), and which shows or addresses (with supporting information) the following items and matters:

(1)

Boundary of the subject property, identified by a heavy line.

(2)

Major natural features such as lakes, streams and conservation areas.

(3)

Existing or proposed streets abutting the project and other major streets and intersections within five hundred (500) feet of access points to the subject property.

(4)

Generalized location map and legal description, including acreage.

(5)

Proposed land use types and their locations (land use or building bubbles are acceptable).

(6)

Gross densities.

(7)

Approximate minimum lot size.

(8)

Approximate number of units.

(9)

Approximate floor area for commercial or industrial.

(10)

Adjacent zoning.

(11)

Anticipated internal major road network.

(12)

Anticipated maximum building height.

(13)

Anticipated phasing plan.

(14)

Anticipated elements that will achieve the TOD standards set forth in section 38-1085 of this Code.

(Ord. No. 2008-02, § 1, 2-5-08)

A special development overlay district is hereby established to be known as the Lake Avalon Rural Settlement Commercial Design Overlay District ("LARS Overlay District"). The LARS Overlay District is located in west Orange County, in the area situated east of the Lake County Line, north of McKinney Road, south of Lake Avalon and west of Mann Road, inclusive of those rights-of-way. The LARS Overlay District's boundaries are identified on the Lake Avalon Rural Settlement Boundary Map and incorporated herein by reference as Exhibit "A" to Ord. No. 2009-06.

(Ord. No. 2009-06, § 1, 3-10-09)

This division provides specific development standards for the LARS Overlay District. These development standards are consistent with the Orange County Comprehensive Plan. As directed by Future Land Use Element Policy FLU6.3.7, these development standards are meant to supplement the criteria established in Policy FLU6.2.4 which ensure that new development within the Lake Avalon Rural Settlement ("LARS") reinforces that community's rural character. These LARS Overlay 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. 2009-06, § 1, 3-10-09; Ord. No. 2016-19, § 25, 9-13-16)

(a)

Lands subject to district regulations. This division applies only to unincorporated parcels or lots, or the portions thereof, lying entirely within the LARS Overlay District as shown on Exhibit "A" attached to Ord. No. 2009-06. This division shall cease to govern the use and development of any such lands if and when they may be lawfully annexed by a municipality, as provided by and subject to section 171.062(2), Florida Statutes.

(b)

Conflict with other sections. Development and use of all such lands may occur only if such development is in compliance with this division, the Orange County Architectural Standards and Guidelines for Commercial Buildings and Projects (chapter 9, article XIII, Orange County Code) (the "architecture ordinance"), the Orange County Exterior Lighting Ordinance (chapter 9, article XVI, Orange County Code) (the "exterior lighting ordinance"), the Orange County Sign Ordinance (chapter 31.5, Orange County Code) (the "sign ordinance"), the Orange County Tree Protection Ordinance (chapter 15, article VIII, Orange County Code) (the "tree protection ordinance"), and the chapter of the Orange County Code that governs the underlying zoning district in which the land is located. If a conflict occurs between this division and the architecture ordinance, the exterior lighting ordinance, the sign ordinance, the tree protection ordinance, or the provisions within the underlying zoning district, this division governs.

(c)

Applicability. This division applies to any rezoning, subdivision, special exception, building permit, use permit, or other development permit (as the term "development permit" is defined by general law) which is applied for after April 1, 2009, where the applicant seeks to construct, reconstruct, renovate, alter, or enlarge a commercial/office land use, building or structure. All agricultural businesses, whether in existence prior to the effective date of this division or created thereafter, are exempt from the requirements of this division, for so long as such businesses continue to operate as agricultural businesses.

(d)

Responsibility of applicant for development permit. All plans associated with an application to construct, reconstruct, renovate, alter, or enlarge a commercial/office land use, building or structure shall print on the front page of the application and plans the following text in capital letters which are at least two (2) inches high on the plans:

"THIS APPLICATION AND PLAN SET RELATE TO PROPERTY LOCATED WITHIN THE LAKE AVALON RURAL SETTLEMENT COMMERCIAL DESIGN OVERLAY DISTRICT WHICH WAS ESTABLISHED UNDER AND IS SUBJECT TO ORDINANCE NO. 2009-06, ADOPTED BY THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ON MARCH 10, 2009."

(Ord. No. 2009-06, § 1, 3-10-09)

The intent of the Lake Avalon Rural Settlement Commercial Design Overlay District is to preserve the unique rural quality of life the residents presently enjoy. Therefore, only small offices and commercial development consistent with policies contained within the future land use element of the Orange County Comprehensive Plan relating to commercial development within a rural settlement, shall be permitted, except as may be prohibited by section 38-1094.

(Ord. No. 2009-06, § 1, 3-10-09; Ord. No. 2016-19, § 25, 9-13-16)

The uses permitted within the LARS Overlay District shall be those associated with C-1 and P-O districts. All uses proposed within the LARS Overlay District, which are designated as a special exception in the underlying district, in the use table set forth in section 38-77, shall be required to follow the special exception process as outlined in chapter 38, section 38-78, Orange County Code. The following commercial uses shall be prohibited within the LARS Overlay District:

(a)

Labor pools (section 448.22(1) and (3), Florida Statutes);

(b)

Any business which, as a material part of its services, provides loans secured by vehicle titles (often known as "car-title loans");

(c)

Any business commonly known as "check cashing," or any business which, as a material part of its services, provides future employment wages or other compensation (often known as "payday loans," or "payday advances");

(d)

Dating services, escort services, valet services, tattoo parlors, or body piercing businesses;

(e)

Adult entertainment, body scrub and/or massage parlors;

(f)

Exterminating and pest control services, pest control supplies, disinfecting service, fumigating;

(g)

Pawnshops, as defined by section 648.25(1), Florida Statutes;

(h)

Bail bond agencies, as defined by section 648.25(1), Florida Statutes;

(i)

Banks or financial institutions;

(j)

Flea markets, except for those operating in conjunction with not-for-profit businesses;

(k)

Palm readers, fortune tellers, tarot card readers, psychics, and similar businesses;

(l)

Manufacturing of chemical products;

(m)

Contractor storage or salvage yard;

(n)

Textile manufacturing;

(o)

Courier services;

(p)

Bottle clubs;

(q)

Food processing and packaging;

(r)

Auto dealerships, repair, or vehicle repossession;

(s)

Auto towing service and window tinting;

(t)

Carwashes and gasoline stations;

(u)

Drive-through facilities;

(v)

Retail sales with outdoor storage, excluding agricultural and produce stands that adhere to remaining requirements of this division; and

(w)

Fireworks retailers.

(Ord. No. 2009-06, § 1, 3-10-09)

Nonconforming uses, buildings, structures, and signs, including those which result from the creation of this division, shall be subject to the provisions of chapter 38, article III, Orange County Code, regarding nonconforming uses.

(Ord. No. 2009-06, § 1, 3-10-09)

Variances and appeals from any portion of this division, including additions and exceptions to existing Orange County Code, shall be processed in accordance with procedures established in the following referenced sections:

(a)

Zoning performance standards: Section 30-48.5.

(b)

Architectural standards: Section 9-552.

(c)

Signage: Section 31.5-8.

(d)

Lighting: Sections 9-646 through 9-652.

(e)

Environmental Control: Section 15-281.

(Ord. No. 2009-06, § 1, 3-10-09)

(a)

Development intensity. Allowable intensities within the LARS Overlay District shall be consistent with the Future Land Use Element Policy FLU6.3.5. Any new commercial/office development shall have a maximum 0.15 floor area ratio (FAR) per parcel, consistent with FLU6.2.9.

(b)

Planned development required. In order to ensure high-quality development and maintain compatibility with the area's prevailing rural character, all new commercial/office development and redevelopment within the LARS Overlay District shall be rezoned to Planned Development (PD). PD development plans shall follow the criteria and procedures set forth in divisions 1 through 4, article VIII, chapter 38, Orange County Code, unless otherwise specified herein. Applicants seeking a new zoning designation for properties within the LARS shall be required to apply for and acquire a future land use change prior to any change in zoning request as per chapter 163, Florida Statutes.

(Ord. No. 2009-06, § 1, 3-10-09; Ord. No. 2016-19, § 25, 9-13-16)

New construction shall complement, and be compatible with, existing development and shall conform to the following requirements:

(a)

Site design and layout. All buildings are to be located adjacent to the front street. Corner lot developments shall locate buildings directly on the intersection corner. At mid-block locations, parking is prohibited between the front property line, and the front of the structure unless required by federal regulation. The area in front of buildings may include landscaping, sidewalks and, with approval, a vehicular drop-off area. Buildings shall be placed between the front setback line and front setback plus ten (10) feet toward rear property line.

(b)

Buildings. The roofs, and primary and secondary facades (as defined in the architecture ordinance) of all commercial and office buildings within the LARS Overlay District shall incorporate vertical window proportions, window surrounds, porch and railing features, roof treatments, and overhanging eaves in order to provide a residentially scaled building. The primary and secondary facades shall have similar treatment, detail and visual interest. This is inclusive of entrances, windows, roof form (gable, hip, gambrel, or combination) and architectural elements (overhangs, dormers, cupolas and/or other projections of facade and fenestration). All shall be compatible with the rural settlement and Florida vernacular style. The maximum height of any building shall be thirty-five (35) feet) (two (2) stories). The following architectural elements are encouraged:

•

Peaked roofs with two (2) or more plan breaks

•

Dormers

•

Unenclosed porches with or without railings

•

Double hung windows with muntins that encompass fifty (50) percent of the first floor

(c)

Color and materials. The LARS Overlay District's charm and character is enhanced by appropriate selection of exterior colors. Historically, lighter more subdued shades were preferred to darker colors. Thus, colors shall be restricted to lighter pale shades of beige, gray, green, yellow, rose, and blue within the LARS Overlay District. Building materials shall be restricted in accordance with the architecture ordinance. All finished surfaces of all structures shall be comprised of a minimum of fifty (50) percent natural materials such as stone, wood, brick, etc. This may include six-inch lap siding with a plank appearance, or a vertical board on batten appearance.

(Ord. No. 2009-06, § 1, 3-10-09)

All commercial and office uses shall be developed in accordance with the exterior lighting ordinance, subject to the lighting standards established below.

Lighting shall be low intensity and conform to "dark sky" standards of downward projected, "full cut-off" illumination that shields light from being emitted upwards toward the night sky or surrounding natural areas. To be full cut-off, the light bulb shall not extend below the lamp shade. The height of any exterior light pole fixture shall be limited to twenty-five (25) feet and utilize a residential scaled fixture.

All commercial/office lighting shall have a power-down mechanism that will bring the lighting levels down to seventy-five (75) percent at one (1) hour after close of business. Commercial/office hours of operation shall be limited to hours between 7:00 a.m. and 7:00 p.m.

(Ord. No. 2009-06, § 1, 3-10-09)

Editor's note— Ord. No. 2015-17, § 30(b), adopted Sept. 22, 2015, repealed § 38-1100, which pertained to signage and derived from Ord. No. 2009-06, § 1, adopted March 10, 2009.

(a)

Rural style and transparency. In keeping with the LARS Overlay District's rural character, fencing is encouraged. Fencing styles within the front yard structural setback of all nonresidential projects shall be no less than fifty (50) percent transparent, and be of a split-rail, paddock, picket, or other approved rural or equestrian style, some examples of which can be found on Exhibit "B" hereto (barbed wire, razor wire, and chain link fencing shall be prohibited).

(b)

Fencing materials. Fencing shall be fabricated from wood, aluminum, wrought iron, vinyl, brick, or other approved materials. Concrete masonry units (CMU) are prohibited as fencing material except for fence columns. Such columns shall be a minimum of twenty-four (24) inches in diameter, spaced a maximum of fifty (50) feet on-center. The columns shall incorporate a decorative cap feature and the surface must be covered in a stone or brick veneer. The trim of the columns shall replicate the principal structure. Chainlink, barbed, or razor wire fencing, in any configuration, is prohibited.

(Ord. No. 2009-06, § 1, 3-10-09)

In order to preserve the rural-residential character of the LARS Overlay District while also facilitating small-scale, neighborhood office and commercial land uses, the following lot and floor area criteria are established for nonresidential uses within the LARS Overlay District*:

*Note: These size requirements are applicable to single-tenant developments. Multiple use/multiple phase developments may be permitted by the DRC.

(Ord. No. 2009-06, § 1, 3-10-09)