The standards and requirements of this Code are not intended to abrogate any private easement, covenant, agreement or restriction. However, wherever the provisions of this Code are more restrictive or impose higher standards or requirements than the private easement, covenant, agreement or restriction, the provisions of this Code shall govern. Wherever the private easement, covenant, agreement or restriction imposes higher standards or requirements than the provisions of this Code and is not inconsistent with such provisions, then the private provisions shall be deemed supplemental to this Code. However, in such cases the City shall only be responsible for enforcement of the requirements of this Code and not the greater restrictions.

(Ord. of 9-16-1991, Doc. #25094)

The Code Enforcement Board shall have jurisdiction to hear and decide alleged violations of this Code. Any person who violates any of the provisions of this Code, or any rule, regulation, order or decision made under this Code, shall upon Code Enforcement Action be punished as provided in Code 5 of the Orlando City Code. The jurisdiction of the Code Enforcement Board shall not be exclusive. Any alleged violation of any of the provisions of this Code may be pursued by appropriate remedy, whether by injunctive, declaratory or other civil relief or criminal sanction, in court at the option of the City. As additional or alternate relief, any person who violates any of the provisions of this Code, or any rule, regulation, order or decision made under this Code, shall upon conviction be punished as provided in Section 1.08 of this Code.

(Ord. of 9-16-1991, Doc. #25094)

Except as otherwise provided for in this Code (and in particular as provided for Home Occupations in Chapter 58, Part 5B), the conduct of business or commercial activity in residential districts is prohibited and is hereby declared to be unlawful, including any endeavor, calling, occupation, profession, service, or other type of activity engaged in as a means of livelihood, support or subsistence.

(Ord. of 9-16-1991, Doc. #25094)

The existence of any of the following conditions shall constitute and be prima-facie evidence that a commercial business activity is being conducted at a particular location within a residential district:

(a)

Storage of material, supplies, or merchandise not for personal use or consumption; or

(b)

Advertising and/or commercial telephone listing(s) utilizing an address within a residential district; or

(c)

Any sign or other type of identification located at a particular address within a residential district and indicating that a business or commercial activity is being conducted at such address.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769)

No person in charge or in control of any property within the City, whether an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or abandoned vehicle to be placed or remain on such property unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current City occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of 180 days. A vehicle covered with a car cover does not constitute enclosure or storage of a disabled vehicle.

Evidence. A vehicle will be in violation of this Section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but is not limited to, factors such as: vehicle being wrecked, inoperative as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or other major and visible parts, having major and visible parts which are dismantled, having no valid license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood. If the primary apparent evidence of neglect or abandonment is the lack of a valid tag or vegetation growing under vehicle, then the inspector shall use his training and experience to determine whether, under the totality of the circumstances, the vehicle is in a state of evident disuse, neglect or abandonment. A vehicle will be considered abandoned or derelict if it is in an evident state of extended disuse or neglect.

Interpretation of this Requirement. Nothing in this Part shall be construed as permitting the disassembling, tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. Additionally, nothing in this Part shall be construed as permitting the violation of other City Code provisions, including but not limited to; outside storage requirements, junkyard provisions, and lot cleaning standards.

Responsibility for Compliance. The owner, agent and/or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of this Part.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 4-20-1992, Doc. #25633; Ord. of 7-26-1993, Doc. #26769)

When a disabled or abandoned vehicle is found to be in violation of this Part:

(a)

The Code Inspector shall place a written notice on the vehicle indicating that it is in violation of this Part and that it must be removed within ten (10) calendar days or it will be subject to removal by the City. The Code Inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify such owner(s) with a written notice delivered by mail or personal service at their current address, last known address or the address appearing on the certificate of title for the vehicle.

(b)

Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the Planning Director or his designee. The Planning Director or his designee shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined.

(c)

The property or vehicle owner(s) may appeal the Planning Director's or his designee's final decision to the Code Enforcement Board for a determination as to whether the property is subject to removal.

(d)

If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar day period, the Planning Director or his designee shall cause such vehicle to be removed to a storage facility approved by the City Council and thereafter disposed of in accordance with applicable state law or City Ordinance.

(e)

The authorization in this Section for the towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the Code Enforcement Board to hear and adjudicate appropriate cases.

Vehicles on Public Property. Notwithstanding any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with the notice and sale requirements of Florida Statutes ch. 705, as revised in the 1987 legislative session. To the extent that this Section 58.1204 conflicts with any portion of Florida Statutes ch. 705, the latter shall control as to any vehicles located on public property.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769)

The presence of any of the following conditions shall be prima-facie evidence of the existence of a group housing facility:

(a)

Any signage or other type of identification located at a particular address indicating the rental of units, beds or living space within a structure.

(b)

Partitions, padlocks, hasps, key locks, deadbolt locks or any security mechanisms within a structure intended to limit free access to all areas of the structure by all occupants.

(c)

Individually kept household equipment such as kitchen utensils, ice chests, appliances such as electric fry pans, toaster ovens, refrigerators, televisions and hot plates.

(d)

Individual storage of food.

(e)

Alphabetical, numeric or other labeling of bedrooms or other living areas.

(f)

Alterations to a structure which enhance or facilitate its use as a Group Housing Facility.

Development Department under this Chapter being secured and approved before the owner, operator or user begins use of the land for Group Housing. The following required inspections shall be conducted prior to the issuance of a permit for Group Housing under this Part:

(a)

An inspection by City minimum housing code enforcement staff to ascertain the maximum number of occupants of the group housing facility and compliance with all other provisions of the City Minimum Housing Standards Code.

(b)

An inspection, review of any required plans, and installation of all improvements necessary for the Group Housing to secure the permit specified herein and to comply with the provisions of this Chapter and any other City development standards.

(c)

An inspection by City fire prevention inspectors to ascertain compliance with the Fire Safety Code of the City of Orlando.

(d)

Application for and securing the appropriate occupational license.

(e)

A determination by the State Hotel and Restaurant Bureau officials that an inspection has been accomplished in accordance with state law or is not required for the particular Group Housing.

(f)

Securing any and all other City, County, County Health Department, and State compliances, approvals, inspections or permits.

Permit Must be Posted. The existence of a valid permit shall be evidenced in a form and manner specified by the Zoning Official and shall be posted on or near the principal entrance to the Group Housing closest to and most readily visible from the street. This posted evidence of the existence of a valid City of Orlando permit shall include the stated capacity for the Group Housing.

(Ord. of 9-16-1991, Doc. #25094)

Every part of a required yard shall be open from its lowest point to the sky except for that portion occupied by permitted accessory structures, trees and shrubs, and the ordinary projection of sills, belt courses, cornices, buttresses, fire escapes, outside stairways, ornamental features, chimneys, and flues; however, such projections shall not extend more than 24 inches into said yard.

Mechanical and Exterior Accessory Equipment. May be located within the required yard, provided that all standards of Sec. 58.985 are met.

Roof Projections (Eaves). May extend into a required yard a maximum of three feet

(Ord. of 9-16-1991, Doc. #25094; Ord. of 3-28-2005, § 2, Doc. #050328903; Ord. of 3-9-2009, § 3, Doc. #0903091103; Ord. No. 2022-66, § 2, 1-9-2023, Doc. #2301091201)

Corner Lots. The narrow dimension of a corner lot shall determine its front for purposes of establishing all yard requirements. However, the Zoning Official shall be authorized to use the wide dimension as the front where he finds in the specific case that improved neighborhood design and more efficient utilization of the lot would result.

Through Lots. The required front yard shall be provided on each street; except that when all lots in the block have been or will be developed as reverse frontage lots with all of the buildings facing the same street, the second frontage of those lots shall be designated and utilized as rear yards.

Front Yards. Required front yards shall be maintained free of structures other than permitted fences, trees and shrubs, flag poles, light poles, mail boxes, and similar features which are normal and customary to the principal use of the lot. Further, required front yards shall not be paved except for ordinary sidewalks, parking areas pursuant to Section 61.302, and driveways (as required for normal access to parking areas).

Rear Yards. Whenever the rear of a lot abuts upon a public alley, one-half of the alley width or ten feet, whichever is less, may be considered as a portion of the required rear yard.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 3-17-1997, Doc. #30125)