Oviedo City Zoning Code

(A)

Intent. The intent of this section is to ensure that all development meets open space requirements to provide recreational amenities and environmental benefits. Open space shall refer to any portion of a parcel, or area of land or water (up to ten (10) percent of the requirement), which is open and unobstructed from the ground to the sky, including areas maintained in a natural and undisturbed character and areas which are permeable in nature.

(1)

Mixed-use developments permit specific types of impervious programming to count as open space.

(2)

Developments within the Downtown Core and Downtown Transition future land use designations are exempted from the general open space requirements.

(B)

Design of Open Spaces and Recreational Areas. Open spaces and recreational areas are encouraged to be designed to use topographic, natural, and/or historic site features to enhance the aesthetics of the site.

(C)

Open Space Requirement. All development shall maintain a portion of the development site as open space according to the following minimum percentages:

TABLE 17.1.1: MINIMUM OPEN SPACE REQUIREMENTS

¹ Except that mini-parks are required for residential development projects in the Downtown Core and Downtown Transition.

(D)

Types of Open Space. The following may be included in the retained open space required in Subsection 17.1(C), open space requirement:

(1)

Mini-parks and usable open space required for residential developments;

(2)

Retained native vegetation;

(3)

Fifty (50) percent of areas paved with permeable materials shall be considered open space and may account for up to ten (10) percent of the required open spaces;

(4)

The pervious portion of yards;

(5)

Fifty (50) percent of the area above the control water elevation within stormwater retention ponds when they are unfenced, curvilinear rather than rectangular in shape, accessible to the neighborhood, and landscaped sufficiently to be enjoyable passive open space areas;

(6)

Required buffer yards;

(7)

Required upland buffers adjacent to wetlands or other environmentally sensitive areas;

(8)

Qualifying water areas, including natural water bodies, wetlands, and stormwater retention areas may account for up to ten (10) percent of the open space requirements; and

(9)

Publicly accessible plazas, courtyards, labyrinths, and civic space within mixed-used development that create a walkable environment.

(E)

Lakefront. Lakefront developments shall provide common lake access available to at least the residents of the development.

(A)

Intent. To provide adequate active recreational facilities which serve the residents of the immediately surrounding neighborhood within the development, recreation areas shall be provided for all residential development.

(1)

Residential developments in the Downtown Core and Downtown Transition future land use designations are exempted from the mini-parks requirements in Subsection 17.2(B)(1) and the five (5) percent of usable open space detailed in Subsection 17.2(B)(2).

(2)

Mixed-use developments are subject to the mini-parks requirements in Subsection 17.2(B)(1) but exempted from the useable open space requirements detailed in Subsection 17.2(B)(2).

(3)

Residential developments outside of the Downtown Core and Downtown Transition future land use designations are subject to the mini-parks requirements in Subsection 17.2(B)(1) and the usable open space requirements in Subsection 17.2(B)(2).

(a)

Subdivided residential developments of less than twenty-five (25) dwelling units are exempted from the five (5) percent of usable open space detailed in Subsection 17.2(B)(2).

(B)

Recreational Area Required for All Residential Development. Subject to Subsection 17.2(D), fees-in-lieu-of dedication, all residential development shall provide (through dedication or reservation; see Section 17.4, ownership and maintenance of recreational areas and required open space) recreational areas in the form of mini-parks (active recreation) and usable open space (passive recreation).

(1)

Mini-parks shall be provided for in an amount equal to the following:

TABLE 17.2.1: MINI-PARK REQUIREMENTS

*Mini-park requirements are in addition to the general open space requirements listed in Subsection 17.1(C), open space requirements.

(2)

Usable open space shall be provided equivalent to at least five (5) percent of the total land area of the development. This useable open space requirement counts towards the general open space requirements in Subsection 17.1(C), open space requirements.

(C)

Location of Open Spaces and Recreational Areas. For multifamily residential, mixed-use, and townhome developments, programmed open spaces and recreational areas shall be centrally located and shall be visually and physically connected to a street. If it is not possible to provide a centrally located recreational area, justification shall be provided by the applicant and the alternative proposal shall be subject to approval by the Land Use Administrator, or designee.

(D)

Fees-In-Lieu of Dedication. The City Council recognizes that recreation areas shall be of a certain minimum size to be usable and will not serve the intended purposes unless properly maintained. As used herein, the term development refers to the entire project developed on a single tract or contiguous multiple tracts under common ownership, regardless of whether the development is constructed in phases or stages. Residential developments of less than twenty-five (25) dwelling units shall be required to pay a fee in the form of a fee in lieu of dedication of land. The fee amount shall be adequate to acquire an amount of land equivalent to the amount that would have been required to meet the adopted standard. The fee amount shall be reviewed annually and revised as needed to cover the actual cost of land acquisition.

(E)

Types of Mini-Parks. The following are illustrative of the types of facilities that shall be deemed to serve active recreational needs, and therefore, to count toward satisfaction of the mini-park requirements of this article:

(1)

Tennis courts, racquetball courts, basketball courts, pickleball courts, volleyball courts;

(2)

Swimming pools;

(3)

Sauna and exercise rooms;

(4)

Meeting or activity rooms within clubhouses; and

(5)

Playgrounds.

The total acreage of mini-parks may be divided into areas of not less than two thousand (2,000) square feet.

(F)

Types of Usable Open Space. The following are illustrative of the types of facilities that shall be deemed to serve passive recreational needs, and therefore, to count toward satisfaction of the usable open space requirements of this article:

(1)

Community gardens;

(2)

Outdoor labyrinths;

(3)

Nature trails: Paved or natural;

(4)

Picnic areas;

(5)

Camping areas;

(6)

Landscaped areas programmed with seating or resting opportunities; and

(7)

Terraced seating around a stormwater pond.

(G)

Exemptions. Subdivided residential developments of less than twenty-five (25) dwelling units are exempt from the requirement of five (5) percent useable open space unless the City agrees that it will accept an offer of dedication of such open space, and in that case the offer of dedication shall be made.

(A)

Ownership of Open Space to Stay with Developer. Unless otherwise required by City Council, recreation facilities and usable open space required to be provided by the developer in accordance with this article shall not be dedicated to the public, but shall remain under the ownership and control of the developer (or his successor) or a homeowners' association or similar organization that satisfies the criteria established in Section 17.4, homeowners' associations.

(B)

Maintenance of Open Space. The person or entity identified as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.

(A)

Homeowners' associations or similar legal entities that are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:

(1)

Provisions for the establishment of the association or similar entity are made before any lot in the development is sold or any building occupied;

(2)

The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities; and

(3)

The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.