Oviedo City Zoning Code

This chapter implements the powers conferred by or available to the City through F.S. Ch. 163, as amended, to combine various types of City regulations and ordinances dealing with the development of land into a land development code; and all other powers conferred by or available to the City through F.S. § 163.3161 et seq., entitled the "Local Government Comprehensive Planning and Land Development Regulation Act," and any amendments thereto.

TABLE 4.1.1: ZONING DISTRICTS AND CORRESPONDING FUTURE LAND USE
DESIGNATIONS

*PLI corresponds with all FLU designations per FLU Policy 1-1.8.3 of the Comprehensive Plan.

(A)

General. All land proposed for development within the City shall be suitable for the use proposed; shall be adequately served by public facilities and services; and shall conform to adopted goals, objectives, and policies of the City Council. All proposed development shall also be consistent with the adopted Comprehensive Plan for the City.

(B)

Environmental Considerations. Development shall make advantageous use of natural topography and preserve mature trees whenever possible. Special development stipulations may be placed on areas with low and very low potential soils; areas within the one hundred-year floodplain; wetlands; and other unique environments. Because most environmental problems are site specific, conditions and proposals will be evaluated with development order reviews.

(C)

Finished Floor Elevations. Lots and building sites shall be graded to permit construction utilizing a first-floor elevation based on the requirements of the Engineering Standards Manual.

(D)

Net Developable Acres. Net developable acres shall be defined as the number of upland acres within the boundary of a development, excluding acreage devoted to waters of the state, wetlands, and natural lakes.

(E)

Setbacks Established. Required setbacks for principal structures are established in Table 4.2.1.

(1)

Structure Setback Measurement. Structure setback distances shall be measured from the property line or street right-of-way line to the nearest point on a structure wall.

(2)

Designation of Front and Rear Yards. All lots shall have at least one (1) front yard and one (1) rear yard or additional front yard, except for properties with a zero (0) foot front setback, where permitted. In the case of five-sided, through lot, or other irregularly shaped lots, the Land Use Administrator, or designee, shall determine the designated rear yard.

(3)

Projections from Residential Structures. Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project a maximum of three (3) feet beyond any required setback line, except where such projections would obstruct driveways or encroach right-of-way, which are or may be used for access for service and/or emergency vehicles.

(F)

Building locations. Building façades facing a right-of-way shall be built parallel to the street. Creative uses of corners of corner lots may require deviations.

(G)

Orientation. At least one (1) pedestrian entrance of each principal structure shall be oriented towards the front property line or street-side property line.

(H)

Density/Intensity. In the target areas, the maximum number of dwelling units or non-residential square footage allowable for a development shall be calculated by multiplying the net buildable acreage by the residential density or applying the floor area ratio to the buildable acreage to calculate the maximum buildable square footage, consistent with the property's Comprehensive Plan future land use designation. The City will round down the permitted number of units to the nearest whole number when rounding decimals related to density calculations.

All lots shall satisfy the minimum lot use regulations as set forth in Table 4.2.1, Lot Use Regulations.

TABLE 4.2.1: LOT USE REGULATIONS

¹ Multifamily developments do not have a minimum lot size or minimum lot width.

² For any building adjacent to Low Density Residential FLU or single-family development, a maximum height of thirty-five (35) feet is permitted within the first twenty (20) feet from the shared property line. Beyond twenty (20) feet from the property line, the building may exceed thirty-five (35) feet in height; however, for every additional ten (10) feet of height, the building must step back a minimum of ten (10) feet from the previous building plane, continuing in this fashion for the remainder of the building's height.

³ Minimum and maximum front setbacks for the DC and CA zoning districts are measured from back of the property line or the back of the streetscape if it extends into the private property.

⁴ Height is subject to increase through a density or intensity bonus subject to compliance with Section 4.14, density/intensity bonuses for public benefit, granted with the development agreement that regulates the bonus.

⁵ Multiplex developments shall meet the minimum lot depth and minimum site frontage standards for the zoning district where it is proposed. See Section 4.15, prohibited uses for specific exclusions, for additional development regulations.

(A)

Irregularly Shaped Lots. No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impractical to construct on it a building that:

(1)

Could be used for purposes that are permissible in that zoning district; and

(2)

Could satisfy any applicable setback requirements for that district.

(B)

Minimum Lot Widths. The minimum lot width of any lot shall satisfy the criteria as set forth in Table 4.2.1. The lot width shall be measured at the front setback line.

(C)

Minimum Frontage Requirements. No lot shall be created with less than twenty (20) feet of street frontage.

(D)

Minimum Lot Size Where On-Site Sewer Treatment and Disposal Facilities Are Required. Lot size shall be sufficient to obtain a septic tank permit from Seminole County Health Department (or FDEP).

(A)

Table of Permissible Land Uses. The permissible use of land shall be in accordance with Table 4.4.1 and the residential density and non-residential intensity standards set forth in the Comprehensive Plan for each future land use designation.

(1)

Uses shall be considered permissible uses, as indicated by the letter "P," special exception uses, as indicated by the letter "S," or permissible uses as part of a mixed-use development, as indicated by the letter "M."

(2)

No primary or secondary use shall be permitted in a district unless the letter "P," "S" or "M" appears for that use in the appropriate cell.

(3)

"M" indicates that the use is not a primary permissible use and is a secondary permissible use only allowed consistent with the requirements of the Comprehensive Plan Future Land Use Element Table 1.1.

(4)

When a use is indicated as a permissible use in a particular zoning district, it is permissible in that district subject to the demonstration of compliance with this Land Development Code.

(5)

When a use is indicated as a special exception use in a particular district, it is permissible in that district subject to the demonstration of compliance with the City Land Development Code and in particular, the requirements of Article III, development agreements, orders, and permits.

(B)

Relationship with Other Sections of the Code. Table 4.4.1 should be read in close conjunction with the definitions set forth in Article XVIII and the other interpretive provisions set forth in this article.

(C)

Permissible Uses. The presumption established by this section is that most legitimate uses of land are permissible within at least one (1) zoning district in the City. The list of permissible uses, therefore, cannot be all inclusive. Those uses that are listed shall be interpreted by the Land Use Administrator, or designee, to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretation shall be resolved by the Land Use Administrator or designee, subject to appeal to the City Council.

TABLE 4.4.1: PERMISSIBLE USES

¹ Existing single-family detached homes are a legally nonconforming use.

² Subject to the standards in Article V, Section 5.10.

³ Notwithstanding any provision of this LDC, pharmacies existing at the time of the Ordinance No. 1655 effective date (9/7/2017) shall be considered permissible uses as a matter of right at their present location.

⁴ See Article V, Section 5.7.

⁵ Convenience store with fuel station in MHC zoning district will only be permitted along Mitchel Hammock Road.

⁶ Prohibited in shopping center unless it is a detached building. This prohibition shall not apply to pet care services.

⁷ If located in a target area, the first floor shall be commercial not related to the storage use.

⁸ See Article XV, Section 15.9.

⁹ Within five hundred (500) feet of West Mitchell Hammock Road, detached single-family housing and single-use residential projects are prohibited.

Legend

P — Use is permissible with a zoning permit issued by Land Use Administrator.

S — Use is permissible with special exception permit issued by the City Council.

M — Use is permissible only as part of a mixed-use development per the Comprehensive Plan.

Blank Cell — Use is prohibited.

(A)

General Requirements for all Specific Residential Uses.

(1)

Circulation, Access, and Connectivity. Ensure all development provides internal and external circulation connectivity and safety as may be required to protect the public interest. Access, circulation and connectivity requirements are set forth in Article XI, Section 11.2, general layout of streets.

(2)

Open Space Requirements. Open space requirements shall be consistent with the regulations in Article XVII, recreational facilities and open space.

(3)

Buffer, Landscape, and Street Trees. Townhomes, multiplex, and multifamily developments are subject to the buffer, landscaping and street tree requirements of Article XII, landscaping, tree planting and buffer requirements, and Article XV, environmental preservation.

(4)

Parking. Parking areas may not be located between the building and the street for multifamily and multiplex developments. Front-loaded townhomes are not permitted in the Downtown Core zoning district and are discouraged in all other target area zoning districts. All other applicable parking requirements are included in Article XIII, parking.

(5)

Accessory Structures. Accessory structure regulations are in Article V, other specific uses and structures.

(6)

Lighting. All lighting regulations are included in Article XVI, Section 16.7, lighting requirements.

(7)

Height. The following specific residential uses shall be subject to the following height maximums unless the zoning district allows for greater height:

a.

Townhomes: Forty-five (45) feet.

b.

Multiplex: Default to the zoning district.

c.

Multifamily: Sixty (60) feet.

(B)

Townhomes.

(1)

Intent. The purpose of this section is to offer flexibility in site planning, increase housing options, preserve neighborhood character through suitable architecture and building placement, promote property ownership options, and support the development of townhomes that blend well with detached single-family homes as well as low to medium density mixed-use district development.

(2)

Applicability. Except for townhome dwellings subject to the specific design standards of a planned unit development zoning district, the standards and requirements of this section apply City-wide to the construction of new townhomes, and substantial improvements or substantial enlargements to existing townhomes.

(3)

Development Standards.

(a)

Building Orientation. The intent of this section is to orient townhome front entrances towards the public or private streets, common areas or courtyards (publicly accessible spaces) and to have townhome buildings creating a sense of spatial enclosure along streets with buildings forming a "street wall" and defining "outdoor rooms."

i.

Front entrances. The front unit entrance shall be located on the primary façade.

ii.

Façade classification.

a.

A façade that has a primary entrance door is a primary façade.

b.

If the townhome is located in a corner lot that faces two (2) public streets and the side façade does not have a primary entrance, that side façade is the secondary façade.

c.

If the townhome façade with the primary entrance faces a common area or a courtyard and the garage faces a private internal street, the façade where the garage is located is a secondary façade, and the façade with the primary entrance is a primary façade. If the garage faces a public street, the garage façade is a primary façade.

Figure 4.5.1—Townhome Façade Classification

(b)

Building length. Maximum building group length shall be six (6) units.

i.

Relationships Between Buildings. Townhome buildings shall face each other with a front-to-front or a back-to-back relationship depending on location relative to a street, lane or open space.

ii.

Minimum Distance Between Buildings Across Each Other. If townhome buildings' primary façades face each other in a common area instead of across the street, the minimum distance between the buildings across the common area shall be fifty (50) feet.

(c)

Lot size, Width, and Setbacks.

i.

Lot Dimensions. Townhome lots shall have a minimum area of one thousand eight hundred (1,800) square feet and minimum lot width of twenty (20) feet.

ii.

Within the Target Areas, the minimum lot area for townhomes is one-thousand (1,000) square feet.

(d)

Front setbacks to principal structure. The minimum front setbacks shall be:

i.

Ten (10) feet for buildings, where porches, entry stoops, bay windows, and other appurtenances may extend into the setback up to five (5) feet;

ii.

Twenty (20) feet for front-loaded garages.

(e)

Side Setbacks to Principal Structure. The minimum side setback for corner lots/buildings shall be five (5) feet on the side facing the corner.

(f)

Rear Setbacks to Principal Structure. The minimum rear setback for buildings shall be a minimum five (5) feet for townhomes with rear-loaded garages off alleys and a minimum ten (10) feet for townhomes with no rear loaded garages.

i.

Distance Between Buildings. The minimum distance between townhome buildings shall be ten (10) feet.

(g)

Garage Design.

i.

Front-loaded garages shall not exceed fifty (50) percent of the primary façade width.

ii.

Detached rear garages are permissible.

iii.

Common parking garages/areas are permissible.

(C)

Multiplex.

(1)

Intent. Multiplex standards of this section are intended as a mixture of typologies of three (3) to eight (8) dwelling units per lot. This type enables appropriately scaled, well-designed, higher densities and is important for providing a broad choice of housing types and promoting infill development.

(2)

Development Standards.

(a)

Building Height. The maximum height defaults to the zoning district.

(b)

Building Siting. Multiplexes can be constructed as one (1) building in the form of three (3) to eight (8) dwelling units per lot. Multiplexes can also be developed as multiple buildings, where single units are constructed as separate structures or where an existing single-family home could add multiple units in the rear, if the density and the applicable zoning district allow. See Figure 4.5.2 below for possible lot configurations.

i.

Frontage Requirements.

a.

Front Unit(s). The front door of the unit(s) closest to the street shall face the street.

b.

Pedestrian Access. A pedestrian path from the public sidewalk to the primary pedestrian entrance is required for each unit.

ii.

Minimum Lot Size Standards. Minimum lot size and minimum site frontage standards shall comply with the respective zoning district.

iii.

Minimum Building Separation. Ten (10) feet.

Figure 4.5.2—Example Multiplex Lot Configurations

(D)

Multifamily.

(1)

Intent. Multifamily standards of this section are intended to provide flexible building and site design in locations where residential development and redevelopment is desired at medium to high intensity.

(2)

Applicability. Except for multifamily developments subject to the specific design standards of a planned unit development zoning district, the standards and requirements of this section apply City-wide to the construction of new multifamily developments of nine (9) units or more, and substantial improvements or substantial enlargements to existing multifamily developments.

(3)

Conflicts. If any provisions of these regulations are determined to be in conflict with any other City regulation, this LDC shall prevail except where otherwise specified.

(4)

Building Siting. Multifamily buildings front entrances shall be oriented towards streets, driveways, common areas or courtyards (publicly accessible spaces), creating a sense of spatial enclosure along streets with buildings forming a "street wall" and defining "outdoor rooms."

(a)

Frontage Requirements. The front unit(s) or building(s) shall maintain frontage on a public street, or a private street that meets public street design standards of Article XI, Section 11.2, general layout of subdivision streets.

(b)

One (1) primary front entrance per multifamily building unit shall be provided on the primary façade.

i.

Façade Classification. A façade that faces a public or private street is a primary façade. If the multifamily building is located on a corner lot that faces two (2) streets, then both façades facing the streets shall be primary façades.

ii.

If multifamily buildings' primary façades face each other in a common area instead of across the street, the minimum distance between buildings across the common area shall be fifty (50) feet.

iii.

Land Use Lot Size, Width and Setbacks—Intent. The intent of this section is to organize the location of multifamily buildings and accessory structures in relation to the street, to the lot and to other adjacent buildings in order to provide enough space for air circulation, insulation, vegetation, storm water filtration and privacy between building units.

iv.

Lot Dimensions. There is no minimum lot width or minimum lot size for multifamily developments.

v.

Setbacks. For street facing units, each unit shall meet the setbacks for the applicable zoning district.

vi.

Stepback from Single-Family Residential Zoning District. Per Footnote 7 of Table 4.2.1: Lot Use Regulations, a stepback is required for all buildings adjacent to Low Density Residential FLU or single-family developments.

vii.

Architectural Elements in the Setback. Entry stoops, porches or architectural elements may encroach into the setback area up to five (5) feet.

viii.

Distance Between Buildings. The minimum distance between buildings internal to a development shall be twenty (20) feet. The minimum distance between buildings is reduced to ten (10) feet within the target areas in accordance with Section 4.13, target areas and downtown development districts.

ix.

A network of pedestrian connections shall be designed to connect all entrances of each building to the street.

x.

Crosswalks. All crosswalks at driveways and curb cuts shall be designed with pavers and/or textured colored concrete or similar to clearly define the pedestrian zone.

xi.

Parking Location. Parking is not permitted between the building and the street but is permitted on the side and rear of the building within the target areas.

xii.

Vehicular Access for Fifty (50) or More Units. Developments with fifty (50) or more units shall provide a minimum of two access points. If two (2) vehicular access points are not physically possible, then one (1) shall be vehicular, and one (1) access point could constitute micromobility access or a future stub-out, or one (1) of these access points may be operated as an "Emergency Only" access and may use a stabilized, pervious surface approved by the Land Use Administrator, or designee.

xiii.

Cross Access. Each project shall provide cross access to adjacent properties, unless wetlands, lakes, limited access highways or other physical barriers prevent connectivity.

(A)

Designation of the Official Zoning Map. There shall be a map known and designated as the official zoning map which shall show the boundaries of all zoning districts within the City's jurisdiction.

(B)

Incorporated into LDC by Reference. The official zoning map is adopted and incorporated herein by reference.

(C)

Lost, Damage or Destruction of Official Zoning Map. Should the official zoning map be lost, destroyed, or damaged, the Land Use Administrator, or designee, may have a new map made without Council authorization so long as no district boundaries are changed in the process.

(D)

Amendments to the Official Zoning Map.

(1)

Amendment Procedures. Amendments to the official zoning map are done in accordance with State law.

(2)

Updating the Official Zoning Map. The Land Use Administrator, or designee, shall update the official zoning map as soon as possible after amendments are adopted.

Agricultural District. The Agricultural (A) District is intended to accommodate agriculture uses with accessory single-family residences. These districts are generally located in outlying areas of the City and may be converted to higher uses as more urban services become available.

Each residential district is designed to provide a comfortable, healthy, safe and pleasant environment for the people who live in the City. Section 4.4, structure setbacks, and Table 4.3.1: Table of Permissible Land Uses specify the permissible, prohibited, and special exception land use types by zoning districts.

(A)

Rural Country Estates (R-CE), R-1AAA and R-1AA Districts. The Rural Country Estates (R-CE), R-1AAA and R-1AA Districts are designed for areas that are not served by central sewer and are not appropriate for higher density development.

(B)

R-1A and R-1 Districts. The R-1A and R-1 Districts are single-family residential districts that permit low density development generally in areas with complete urban services. In areas without central sewer, these districts are only permitted where soils are appropriate for septic tanks.

(C)

R-1B, R-1C, R-2, and R-3 Districts. The R-1B, R-1C, R-2, and R-3 Districts are designed for medium density single-family detached, single-family attached (townhome), and two-family residential development generally located in areas with complete urban services.

(D)

R-1BB and R-3 Districts. The R-1BB and R-3 Districts are designated for medium to high density residential development in areas with complete urban services. These zoning districts may also serve as a transitional buffer between commercial uses and lower density residential uses.

Commercial and office districts are created to serve the business needs of the community and provide necessary services for City residents.

(A)

Residential-Professional Office District. The Residential-Professional Office (R-P) District is designed to accommodate a mixture of residential and professional office uses primarily in areas that are no longer viable for single-family use because of high traffic volumes or other market factors. These areas are often transition zones between arterials or intense commercial districts and residential districts.

(B)

Neighborhood Commercial and Office District. The Office-Commercial (O-C) District is a neighborhood commercial and office district designed to accommodate office, low intensity commercial uses, and medium density residential and mixed-use developments with limited traffic generation and movements.

(C)

General Commercial Districts. The C-1 Commercial District is intended to permit and encourage a full development of retail commercial uses, some light industrial uses, as well as high density residential and mixed-use developments. The C-2 Commercial District is designed to accommodate the widest range of commercial and mixed-use activities, including drive-through facilities as well as light industrial uses.

(D)

Commercial Infrastructure. All new development within the commercial zoning districts will require central sewer and water service. If central sewer is not available, other interim sewer may be allowed upon authorization by the City. Development occurring in these districts shall have access to collector or arterial streets or to service streets that maintain direct access thereto.

(E)

Mixed-Use District. The Mixed-Use Zone Districts are established to ensure that land within the City supports a diverse range of retail, office, service, and employment-related development, meeting the needs of residents and attracting large-scale regional employers, while incorporating higher-density residential uses. Specifically, the purpose of these districts is to:

(1)

Strengthen the City's economic base and provide employment opportunities close to home for residents;

(2)

Designate suitable lands for a comprehensive range of business and commercial uses needed by residents, businesses, and workers, in alignment with the Comprehensive Plan and other adopted plans;

(3)

Foster environments for mixed-use development that integrates business, office, retail, and residential uses in a compatible and cohesive manner;

(4)

Encourage infill development and redevelopment that aligns with the City's comprehensive development plan and other adopted plans; and

(5)

Ensure that commercial development is located and designed to protect and maintain the character of adjacent single-family neighborhoods.

(6)

The Mixed-Use district shall only be compatible with the Mixed-Use Future Land Use designation.

The Industrial District is established to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise or equipment or adult entertainment. All new development within the industrial zoning district requires central sewer and water service. If central sewer is not available, other interim sewer may be allowed upon authorization by the City. Development occurring in this district shall have access to collector or arterial streets or to service streets that maintain direct access thereto.

The Planned Unit Development (PUD) District combines various residential, commercial, industrial, recreational, and/or public uses to create a planned community with a more desirable environment than would be possible through the strict application of conventional district regulations. The uses and structures proposed are to be planned and developed as unified and coordinated developments. Each PUD District constitutes the creation of a unique zoning district that is the result of a negotiated process in which, and during which, sound and generally accepted land use planning practices and principles are applied and imposed.

(A)

Purpose of the PUD District.

(1)

To incorporate a more flexible management structure for negotiation and coordination of private sector development objectives, which may be inconsistent with conventional zoning district provisions, with public sector goals, objectives and policies that govern the City's development and conservation of resources.

(2)

To achieve high standards in the quality of urban design amenities within residential and non-residential developments by encouraging the development of land as planned communities.

(3)

To promote efficient use of land by facilitating more cost effective, flexible and creative concepts as well as environmentally sensitive site planning.

(4)

To stimulate opportunities for varied housing types and a mixture of land uses that would not be possible through conventional zoning districts.

(5)

To conserve and protect the natural environment including wetlands, natural habitat, drainage corridors, flood prone lands, and other environmentally sensitive lands by encouraging scenic and functional open areas.

(6)

To provide more useable, landscaped, and suitably located open space and recreation facilities, and other public and common facilities than would otherwise be provided under conventional land development procedures.

(7)

To encourage the accomplishment of a more complete living environment through the application of enlightened and imaginative approaches to community planning and shelter design through the introduction of a variety of architectural solutions.

(8)

To preserve and protect historic resources.

(9)

To provide safe and convenient vehicular circulation including access and sufficient area for effective delivery of emergency services.

(10)

To provide for safe, convenient, and integrated pedestrian circulation systems.

(11)

To establish neighborhood identity and focus consistent with the community character as promoted by the City Council.

(B)

Unified Control.

(1)

All properties within a proposed PUD Zoning District shall be under unified ownership or control as evidenced by legal instruments submitted by the applicant. These legal instruments shall be approved by the City Attorney.

(2)

All open space shall be either private, reserved for common use, or dedicated to the public, if the City elects to accept the dedication.

(a)

All required open space shall be reserved as such through appropriate deed restrictions, which cannot be removed without the consent of the City Council.

(b)

Open space dedicated to the public shall be open to the general public.

(c)

Private open space shall be owned in a fee simple title as part of a lot or parcel in private ownership. The use of private open space shall be reserved and limited through appropriate deed restrictions. The deed restriction shall require the property owner to maintain the private open space in perpetuity.

(d)

All open space reserved for common use shall ultimately be owned in fee simple by an organization of property owners within the PUD. The organization shall be established by the applicant, and all organizational documents, including, but not limited to, articles of incorporation, bylaws and restrictive deed covenants, shall be submitted to the City Attorney for approval prior to recording in the public records of the County and filing with the Secretary of State. The organization shall be responsible for the maintenance of all common open spaces.

(e)

All open space reserved for common use shall be conveyed to the organization prior to or at the time when two-thirds (⅔) of all the dwelling units of the PUD plat under development have been sold. Conveyance shall be by a general warranty deed in fee simple absolute, acceptable to the City Attorney. The deed shall include a deed restriction providing for the perpetual maintenance of the common open space by the organization.

(f)

The organization may offer to convey the common open space to the City at no cost. If the City accepts the offer, then the conveyance shall be of a general warranty deed in fee simple absolute, acceptable to the City Attorney. Upon acceptance, the open space shall be available for use by the general public. The City shall not accept a conveyance of common open space unless arrangements acceptable to it are made for the continued maintenance of the open space, which arrangements may include maintenance by the City.

(g)

All landscaped buffer yards shall be owned in fee simple as part of an approved lot or parcel, and the landscaped yards shall be reserved and limited through appropriate deed restriction. The deed restrictions shall require the property owner to maintain the landscaping in perpetuity.

(h)

New private streets shall meet the minimum standards of public streets.

(i)

Public streets shall meet the minimum requirements of this LDC and Engineering Standards Manual to be dedicated to the City.

(C)

Development Agreement. The PUD Zoning District requires the review, approval, and execution of a development agreement between the applicant and City Council.

(1)

Properties Designated PUD on Official Zoning Map. For undeveloped properties designated PUD on the official zoning map, the development agreement shall be approved as provided for in Article III.

(2)

Zoning Map Amendment. The development agreement shall be included as an exhibit in any ordinance adopting an amendment to the official zoning map, which changes the zoning of a property to PUD.

(3)

Amendments. Proposed amendments to an approved development agreement shall be reviewed and approved in the same manner as the approved development agreement. Proposed amendments to an approved conceptual development plan shall be considered an amendment to the approved development agreement.

(D)

Conceptual Development Plan. The PUD Zoning District requires the review and approval of a conceptual development plan, which is approved as an exhibit to or by reference in a development agreement.

(E)

Permissible Uses. Permissible uses within the PUD district shall be established within the development agreement, consistent with the primary and secondary uses allowed within the property's future land use designation as provided in the Comprehensive Plan.

(F)

Maximum Density/Intensity of Development. The density and intensity of development within the PUD Zoning District shall be established within the development agreement consistent with the maximum density and intensity allowed within the property's future land use designation as provided for in the Comprehensive Plan.

(G)

Open Space Ratio. Open space, including open plazas, walkways, possible use of functional and aesthetic paving material, shall promote the PUD urban design and aesthetics. The minimum percentage of open space shall be twenty-five (25) percent.

(H)

Size and Dimension Regulations. Within the PUD district, the location, size, dimensions, arrangement, orientation, and design of yards, open space, landscaping, building setbacks, vehicular access and circulation, pedestrian circulation, building/structure characteristics, and all other planned site improvements shall provide for:

(1)

Safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of emergency services such as fire protection;

(2)

Buildings with safe entry and exit from the front and the rear of respective buildings;

(3)

Convenient, well-landscaped, and well-designed pedestrian ways and open space systems;

(4)

The provision of usable open space including:

(a)

Preservation of natural vegetation and landscaping;

(b)

Surface water management; and

(c)

Pedestrian plazas.

(5)

Other similar attributes consistent with sound application of urban design principles and practices which impact lot configuration, building layout and arrangement of open spaces.

(I)

Deviations. Any deviations from the development standards described in this article or other sections of the LDC shall be specified and justified as mitigation may be required. Deviations to standards established within the development agreement or depicted on the conceptual development plan shall be processed per the requirements of Article II.

(J)

Commercial, Office, Industrial, and Public Uses.

(1)

Commercial, office, industrial, and public land uses within a PUD district, whether as a primary or secondary land use, shall locate on an arterial or collector street facility, or a local service street connected thereto.

(2)

Professional office uses associated with a residential mixed-use structure may locate on local streets.

(3)

Commercial and office uses may locate on local streets in residential areas if such uses are designed to:

(a)

Serve the retail and service needs of the surrounding neighborhood;

(b)

Require minimal and infrequent access by truck or heavy vehicles other than public transit;

(c)

Maintain the residential character of the area; and

(d)

Create street impacts that do not resemble characteristics and traffic volumes of a collector facility.

(4)

Commercial and office uses located along arterial and collector streets shall be clustered in nodes and integrated with other land uses to prevent strip development.

(5)

Commercial and office uses shall comply with the minimum architectural standards of this LDC unless minimum standards are established within the development agreement.

(6)

Architectural standards for industrial uses shall be established within the development agreement.

(K)

Screening and Buffer Yard Requirements. Any one (1) of the buffer yard and screening types described in Article XII may be required by the City during the PUD review process in order to minimize the impact of potentially objectionable areas such as: parking lots; utility or maintenance structures; solid waste disposal facilities; loading facilities, or other unsightly areas. Such buffer yard and screening types may also be required along perimeter boundaries where land uses of different intensities are located in close proximity to each other. The buffer yard and screening types shall be established within the development agreement and depicted on the conceptual development plan.

(L)

Master Sign Plan. A unified plan for signage establishing standards for the type, height, number, size, design, landscaping, lighting, and location of all signs shall be established within the development agreement and depicted on the conceptual development plan. The intent of the plan is to minimize sign proliferation, maximize the architectural integrity, and provide an overall plan ensuring harmony in the color theme, and design of all signage.

(M)

Infrastructure Improvements and Urban Design Amenities. All infrastructure improvements and urban design amenities shall reflect accepted principles and practices of urban design, including streetscape amenities, which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development.

(1)

Preliminary Stormwater Management Plan. The conceptual development plan shall include a preliminary stormwater management plan that, at a minimum, addresses the following:

(a)

Natural environmental conditions of the site;

(b)

Existing and proposed future hydrological conditions of the site, including existing and proposed site elevations, amounts and rates of water runoff, water quality, and other related factors;

(c)

Available drainage improvements on- and off-site;

(d)

Intensity of proposed use, potential barriers to movement, and impacts of the drainage system alternatives on pedestrian and traffic circulation, aesthetics of the project and impacts on the surrounding area;

(e)

Potential contaminants or pollutants generated by land uses, motor vehicles, or other sources of pollutants and contaminants; and

(f)

The minimum stormwater management requirements of this LDC.

(2)

Water and Sewer. PUDs shall locate within a central water and sewer service area or where such systems are not yet available such facilities shall be available concurrent with impact generated by the PUD or provided according to the required development agreement. Any interim sewer services provided for residential land uses shall be consistent with provisions of the Comprehensive Plan. No interim water and sewer services shall be allowed for non-residential land use unless the development agreement specifies a threshold or timeframe when such central services shall be available.

(3)

Reclaimed Water. PUDs shall locate within a reuse water service area in accordance with Article XVI, utilities. Where such system is not yet available such facilities shall be available concurrent with impact generated by the PUD or provided according to the development agreement and conceptual development plan.

(4)

Sidewalks and Improvements to Enhance Pedestrian and Bicycle Movement. Sidewalks and bicycle facilities shall be planned and installed. Said facilities shall connect land uses within the PUD; the PUD to existing external facilities; and the main entrances of primary buildings to vehicle use areas, including parking areas, and facilities within the public right-of-way. The pedestrian and bicycle circulation system shall include marked crossings in order to separate vehicular and pedestrian/bicycle traffic.

(5)

Traffic Circulation Improvements. Traffic circulation improvements shall include all intersection and street improvements along internal and perimeter streets required to service projected traffic volumes, such as acceleration, deceleration and turning lanes, as well as traffic control devices and signage. All such improvements shall conform to City specifications.

(6)

Street Lighting and Signage. Street lighting as required per Article XVI, Section 16.7, lighting requirements.

(7)

Other Improvements and Amenities. All other improvements and amenities shall be consistent with the unified urban design of the PUD.

(8)

Loading Docks. Loading docks are prohibited on interior streets. They shall be located at the rear of all principal structures. Parking for trucks and all other company owned or controlled vehicles shall be located at the rear of all principal structures.

(9)

Shipping and Receiving. No shipping or receiving shall be permitted within one hundred (100) feet of any residential land use or within forty (40) feet of any property line adjacent to any nonresidential land use.

(10)

Storage Areas. All storage areas shall be fully enclosed and located at the rear of all structures. No motor vehicle which is inoperative shall be stored or used for storage on any lot or parcel of land in any PUD unless it is within a completely enclosed building.

(11)

Exterior Lighting. Exterior lighting shall be provided consistent with the minimum standards of this LDC unless otherwise provided for in the development agreement and depicted on the conceptual development plan.

(12)

Utility Lines. All utility lines shall be placed underground. Large transformers shall be placed on the ground and be contained in pad mounts, enclosures, or vaults. Where enclosures or vaults are used, the construction and design shall be compatible with the primary building design. Location and screening requirements shall comply with Article V, Subsection 5.1(E), mechanical, gas, and plumbing equipment.

(N)

Criteria for Review. The Land Use Administrator, or designee, shall present its findings in a written report to the LPA and City Council. The Land Use Administrator, or designee, review shall ensure the following criteria are met:

(1)

Consistent with Comprehensive Plan. The PUD shall be consistent with the future land use designation denoted on the future land use map and the goals, objectives, and policies, of the Comprehensive Plan.

(2)

Conformance with Applicable Regulations. The PUD shall comply with the requirements of all applicable regulations.

(3)

Land Use Compatibility. The PUD shall not result in any incompatible land uses, considering the type and location of uses involved.

(4)

Adequate Public Facilities. The proposal shall not result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services.

(5)

Natural Environment. The proposal shall not have significant adverse impacts on the natural environment.

(6)

Orderly Development. The proposal shall result in an orderly and logical development pattern, and specifically identify any negative effects on such patterns.

(7)

Other Matters. Any other matters which the Land Use Administrator, or designee, may deem appropriate or that would be of particular relevance to the LPA or the City Council.

(O)

Conditions in approving a PUD. The City Council may establish any reasonable conditions or requirements in addition to those provided in this LDC. Such additional conditions or requirements shall be entered into the development agreement and/or depicted on the conceptual development plan prior to execution of the development agreement by the City and are enforceable in the same manner and to the same extent as the other requirements of the development agreement and/or conceptual development plan.

(P)

Expired Development Agreements. To maintain buildable lots within the City, all development within expired development agreements shall follow the standards of the approved development agreement until the City adopts a zoning district or approves another development agreement for the area.

(A)

The Public Lands and Institutions District (PLI) is intended to include public lands and major public or quasi-public institutional uses. Public lands shall be defined as activities that serve to provide public services or utilities that shall include but are not limited to recreation, community and government services, utilities and public facilities such as water and sewer treatment. Institutions shall be defined as nonprofit, quasi-public, or public activities that provide a public service that includes but are not limited to libraries, hospitals, cultural facilities or religious uses.

(B)

This classification also includes educational uses such as a private or public secondary, middle, elementary or similar school providing educational curriculum meeting general public or education requirements established by the State. Also, this classification includes private or public college, university or post-secondary school authorized or licensed by the State to award degrees, but not technical, business or trade schools. Seminaries are exempt from State licensure requirements for private colleges; however, such exemption status shall be authorized by the State. Hence, an exemption approved by the State would qualify as meeting requirements of the above definition regarding authorization by the State to award degrees.

(C)

This classification is applied only to lands that are owned or controlled by the public, or quasi-public institutional uses.

Target areas in the City refer to specific geographic locations that have been designated for urbanization and redevelopment opportunities. These areas have potential for growth and revitalization. The goals are to promote compact, sustainable development; encourage investment and redevelopment; promotion of a pedestrian friendly environment and enhance quality of life in these selected areas. The target areas include properties located in the Mitchell Hammock Corridor (MHC), Gateway West (GW), Marketplace (MP), Downtown Neighborhood (DN), Central Avenue (CA), and Downtown Core (DC) Zoning Districts.

(A)

General Standards. except as otherwise provided:

(1)

Development in the target areas shall adhere to the following general development standards, except as otherwise provided:

(a)

Building Locations. Building façades facing a right-of-way shall be built parallel to the street.

(b)

Orientation. At least one (1) pedestrian entrance of each principal structure shall be oriented towards the front lot line or street-side lot line.

(i)

Detached single-family homes are discouraged in the target areas. If constructed in a permitted zone, one (1) pedestrian entrance of the principal structure shall be oriented towards the front lot line or street-side property line.

(ii)

Detached single-family homes are prohibited in the DC, GW, and MP, and existing detached single-family homes are legally non-conforming.

(iii)

For duplex development on a corner lot or a through lot, all dwelling units shall have a principal pedestrian entrance oriented toward a street.

(iv)

For duplex or townhomes, all units shall be accessible via pedestrian pathway connecting to the public sidewalk.

(c)

Building Frontage.

(i)

The primary frontage is the narrow side of a corner lot that faces the street, unless otherwise determined by the Land Use Administrator, or designee.

(ii)

The secondary frontage is the long side of a corner lot.

(iii)

If a property is fronting three (3) streets, the primary frontage shall be the narrow side of the lot facing an arterial street (if one (1) is present), and the secondary street shall be the long side of the lot. The third street frontage shall also be a secondary street with street-side setbacks; however, the third street frontage shall be exempt from the maximum setback.

(iv)

In cases of uncertainty, such as when a secondary frontage faces a main street, the Land Use Authority can consider an alternative standard.

(v)

In the DC and CA, the building or buildings shall account for sixty (60) percent of the lot frontage on the primary street frontage. If there is more than one (1) street frontage, this applies to both the primary and secondary frontages.

(d)

Block Perimeter. For all target areas except CA, sites shall be divided into one (1) or more blocks, including public or semi-public space and open space. The block perimeter is the total length of a line enclosing the block along street rights-of-way and lot frontages. A cross-block pedestrian passage is required where a block face exceeds the maximum permitted length. Where a site is too small to result in a full block, the Development Plan shall show the nearest available street connections and new streets or circulation ways may be required based on the distance from the nearest existing connection. Block perimeters are defined by:

(i)

Public or private street rights-of-way, easements, or tracts;

(ii)

Circulation ways designed to the standards of streets;

(iii)

Cross-block passages;

(iv)

Regional trails;

(v)

Site boundaries, including natural features; and

(vi)

Greenways.

(e)

Cross-Block Passages. Passages may be required to extend pedestrian circulation through long blocks and are subject to the following:

(i)

A cross-block pedestrian passage is required where a block face exceeds six hundred (600) feet, except for the DC which is limited to four hundred (400) feet.

(ii)

Passages shall be illuminated along their entire length.

a.

Pedestrian lighting shall be LED with correlated color temperature (CCT) no greater than three thousand five hundred (3,500) degrees Kelvin; and

b.

Light from LED luminaires should be diffused and shielded from direct view.

(iii)

Passages shall be a minimum of ten (10) feet wide, with a minimum five-foot unobstructed and ADA compliant public walkway.

(iv)

Passages shall be separated from adjacent streets or parking lots by curbing, varying pavement treatments or other vehicle barrier, as approved by the Land Use Administrator, or designee.

(v)

Passages should traverse the block perpendicular to the frontage of greatest length, as close to the midpoint as possible, unless multiple passages are provided at roughly equidistant spacing.

(f)

Open Space. Where a civic space or open space abuts existing or planned trails, pedestrian, or bicycle ways, continuity of the abutting facility shall be provided.

(g)

Access.

(i)

Cross access easements and unified access and circulation are required and shall be provided consistent with Article XI, Subsection 11.3(G)(1).

(ii)

Vehicular curb-cuts to Central Avenue, Mitchell Hammock Road, Oviedo Boulevard, and Broadway Street, are discouraged in order to reduce conflict points with pedestrians and are not allowed when a development site has ingress/egress locations available to side streets. Ideally, only one (1) curb-cut at the mid-point of each block shall be allowed, except where this requirement results in unsafe or inefficient site circulation.

(iii)

Inactive or nonconforming curb cuts shall be removed and restored to the appropriate streetscape requirements.

(iv)

Direct pedestrian access shall be provided from the principal entrance of the building to the sidewalk on the closest public right-of-way or other circulation built to the street standards.

(h)

Parking.

(i)

Surface and structure parking areas shall be accessed from a secondary street, from an adjacent property (joint access easement and shared use agreement necessary), or from rear alleys if any of these are available or proposed as part of the development.

(ii)

Vehicular use areas for multifamily and non-residential uses shall be prohibited between the building façade line and the street for front and street-side yards.

(iii)

Consistent with Article XIII, Section 13.5, parking, all striped on-street parking spaces contiguous with the property line may count towards the minimum on-site parking requirements but will be accessible for the general public as well. Developers are encouraged to construct on-street parking, where permitted, to count towards the parking requirements if on-street parking is not already present.

(iv)

Number of parking spaces, parking lot layouts and parking garage design are subject to the standards set forth in Article XIII.

(i)

Landscaping Requirements. Other than the streetscape requirements included in this article, requirements for landscape on each site are provided for in Article XII, landscaping, tree planting. The required buffer yards of Table 12.4.1 are not required between adjacent properties, unless the adjacent parcel is in a zoning district outside of the target areas. The right-of-way buffers are exempted and replaced with the streetscape requirements of this section.

(j)

Architectural Design Requirements. Architectural requirements from Article VIII, architectural design, are applicable to all target areas.

(k)

Streetscapes. In cases where significant public improvements have been made to the streetscape within the past five (5) years of the development that makes compliance with the streetscape requirements impracticable upon demonstration by the applicant, and the required increase in sidewalk width is two (2) feet or less, the Land Use Administrator, or designee, may grant an exception to the prescribed streetscape standards. However, in all instances, the sidewalk width shall not be less than five (5) feet. The Land Use Administrator, or designee, may also grant exceptions to the location of the sidewalk and the furnishing zone in the case where significant public improvements have been made to the streetscape within the past five (5) years.

(B)

Specific Use Standards for the Target Areas.

(1)

Single-Family Developments. Single-family developments and redevelopments are subject to the following setbacks and general provisions.

(a)

For front-loaded single-family developments, a twenty (20) foot minimum setback from the required streetscape is required for the garage.

(b)

Front loaded garages shall be recessed a minimum of five (5) feet from the principal façade of the house.

(c)

Front-loaded garages shall make up no more than fifty (50) percent of the width of the ground floor primary façade of the house.

(2)

Auto Repair, Carwash. All principal and accessory structures used for automobile service shall be located and constructed in accordance with the following requirements:

(a)

Bay openings shall be located to the side or rear of the building and shall be screened from the street by a streetwall. The streetwall shall be a minimum of three (3) feet and a maximum of four (4) feet in height. Any portion of a streetwall more than three (3) feet in height above grade shall be no more than fifty (50) percent solid. The remaining fifty (50) percent can be composed of decorative material other than brick, stone, or concrete. Streetwalls shall be a minimum of two (2) feet from the right-of-way. Landscaping is not considered a decorative material.

(b)

If located on a corner lot, bay openings may face the side-street but shall be architecturally integrated into the building design.

(c)

All bay openings shall be oriented away from adjacent single-family residential districts.

(d)

Accessory car wash structures shall not exceed twenty (20) feet in height.

(3)

Drive-through Facilities. Drive-through facilities are auto-oriented and therefore prohibited in the DC, CA and DN Districts. Drive-throughs are discouraged within the GW, MHC, and MP zoning districts, but may be approved through a special exception use order application per Table 4.3.1, with the following limitations:

(a)

Limited to one (1) drive-through lane per use.

(b)

Drive-through facilities shall not directly access an arterial street.

(c)

The number of access points to public streets shall be minimized. This may be accomplished through the provision of joint driveway access from the adjacent sites.

(d)

Drive-through lanes and windows shall be located along the side or rear of buildings, away from street frontages.

(e)

Adequate queuing space shall be provided for drive-through windows and order stations in compliance with the Article XIII, Section 13.10, stacking for drive-through facilities.

(f)

Vehicular use areas, including drive-throughs, shall be screened by a streetwall. Breaks may be permitted in the streetwall to provide pedestrian access to the site and for the purpose of tree protection.

(i)

The streetwall shall be a minimum of three (3) feet and a maximum of four (4) feet in height. Any portion of a streetwall more than three (3) feet in height above grade shall be no more than fifty (50) percent solid. The remaining fifty (50) percent can be composed of decorative material other than brick, stone, or concrete. Streetwalls shall be a minimum of two (2) feet from the right-of-way. Landscaping is not considered a decorative material.

(4)

Convenience Stores with Fuel Stations and Automotive Services. Convenience stores with fuel stations are auto-oriented uses and may be permitted as shown in Table 4.3.1. However, all automotive services shall meet the standards of this document and the following provisions:

(a)

The convenience store or building shall be located in the front of the site meeting the required building setback.

(b)

The gas pumps may be located to the side or rear of the main building.

(c)

A maximum of four (4) fuel positions (may be dual sided for a total of eight (8) fueling pumps) per gas station are allowed.

(d)

Auto repair bay and car wash openings, service and storage areas, and refuse enclosures shall be oriented away from public view.

(e)

Vehicular use areas shall be screened by a streetwall. Breaks may be permitted in the streetwall to provide pedestrian access to the site and for the purpose of tree protection.

(i)

The streetwall shall be a minimum of three (3) feet and a maximum of four (4) feet in height. Any portion of a streetwall more than three (3) feet in height above grade shall be no more than fifty (50) percent solid. The remaining fifty (50) percent can be composed of decorative material other than brick, stone, or concrete. Streetwalls shall be a minimum of two (2) feet from the right-of-way. Landscaping is not considered a decorative material.

(f)

The fuel canopy clearance shall not exceed eighteen (18) feet.

(g)

The fuel canopy roofs shall not be flat and shall incorporate some of the architectural features used in the main building, such as decorative columns, roofing forms and materials.

(h)

The fuel canopy shall have similar architecture to the building.

(i)

The fuel canopy shall meet the minimum building setbacks and is exempt from the maximum setbacks.

(j)

Only one (1) curb cut per street frontage is allowed.

(k)

No more than one (1) gas station is allowed per block face.

(5)

Personal Storage. All personal storage facilities within the target areas, per Table 4.4.1, shall meet the following provisions:

(a)

Building façades visible from the public right-of-way or a lake shall have the appearance of an office and/or retail building through the use of doors, windows, awnings, and other appropriate building elements.

(b)

Detailed building elevations shall be submitted prior to any action or recommendation by the City with the special exception use order permit application.

(c)

A minimum of at least fifteen (15) percent of the ground floor space and a minimum of seventy-five (75) percent of the primary street frontage shall be reserved for functional space used by at least one (1) additional principal use. Acceptable principal uses include but are not limited to eating and drinking establishments, retail businesses, or personal services.

(d)

Personal storage shall be provided only as a part of mixed-used development in target areas.

(6)

Industrial Uses with Outdoor Storage or Display. Industrial uses with outdoor storage or display are not permitted to expand in the target areas without a special exception use order or, if approved, as a light industrial use.

(C)

Downtown Core (DC).

Intent/Purpose. The Downtown Core is intended to provide for two (2) concentrated areas of residential, commercial, office, industrial, recreational, and cultural facilities at a scale which serves the entire City. A mixture of land uses is specifically intended; large-scale developments composed of a single type of use shall be strongly discouraged. Pedestrian-oriented streets lined with stores, service businesses, entertainment businesses and restaurants are essential aspects of a vibrant and diversified Downtown. The policies and requirements of the Downtown Core are intended to create and strengthen this character by ensuring that guidelines are provided for new development to be compatible with existing development in use as well as design. The Downtown Mixed-Use District aligns with the goals of the Comprehensive Plan for the future land use designation of Downtown Core.

(1)

General Standards. Subject to the general standards for target areas in Subsection 4.13(A).

(2)

Block Size. Block perimeter is limited to one thousand six hundred (1,600) feet maximum.

(3)

Legally Nonconforming. Single-family detached residential is considered a legally nonconforming use. No new single-family detached is permitted. All existing single-family developments are subject to the regulations in Article VII, Subsection 7.3(E), single-family residential non-conformities.

(4)

Noise Exceptions. The requirements of Chapter 22, Article IV of the Code of Ordinances, and any other noise regulations adopted by the City, shall not apply to entertainment uses.

(5)

Street Network. A street hierarchy shall be presented at the time of Development Plan review and shall comply with local commercial and alley vehicular lane width standards from Article XI, streets and sidewalks, Section 11.1 and bicycle traffic shall be accommodated per Subsections 11.1(D) and 11.1(E).

(6)

DC Streetscape Requirements.

(a)

Beginning at the back of curb, a furnishing zone with a minimum dimension of seven (7) feet, followed by a sidewalk with a minimum dimension of eight (8) feet. If an optional retail zone is provided with a minimum dimension of five (5) feet, the furnishing zone minimum dimension may be reduced to five (5) feet, followed by a sidewalk minimum dimension of six (6) feet.

(b)

Furnishing Zone. The furnishing zone is required at a minimum of seven (7) feet and shall include the following:

i.

Large trees shall be provided in the furnishing zone of the streetscape spaced at not more than forty-foot spacing. Trees are required to be planted in tree wells using structural soil or a soil cell, and root barrier systems.

ii.

Planter boxes or potted plants as well as café seating or amenities such as bicycle parking, public seating, or plazas may be provided within this zone.

iii.

Street lighting.

(c)

Retail Zone or Residential Buffer. This zone is optional at a minimum of five (5) feet wide. This zone may be populated with but not limited to:

i.

Retail signage such as A-Frame;

ii.

Retail wares for sidewalk sales;

iii.

Storefront awnings;

iv.

Pots/planters;

v.

Tables and chairs for outdoor dining;

vi.

Stairs or entryways to residential units or common space of residential developments; and

vii.

An additional sidewalk.

(d)

Should any part of the sidewalk fall within private property, an easement will be required over that area.

(e)

Modifications to the placement of the furnishing zone and sidewalk may be approved through deviations. When recent public improvements have been installed, the Land Use Administrator may also grant an exception per Subsection 4.13(A)(1)(k), streetscapes.

(f)

Modifications for additional programming for the public realm to satisfy bonus eligibility criteria shall be coordinated with staff at the time of site plan review.

(D)

Central Avenue District (CA).

Intent/Purpose. Central Avenue from Magnolia to Mitchell Hammock Road. To create a main street along the Central Avenue corridor, including connecting the old and new Downtown areas, commercial uses are encouraged to expand along this corridor. In line with the Downtown Transition Future Land Use designation, properties on the east and west side of Central Avenue provide a diverse mix of uses at a lower scale than the Downtown Core that is complementary and compatible with surrounding neighborhoods. Buildings can be multistory and include multiple uses, but at lower heights and density than in the Downtown Core. Compatibility with existing adjacent land uses will be reviewed at the site plan level to provide for adequate buffers and design techniques.

(1)

General Standards. Subject to the general standards for target areas, Subsection 4.13(A).

(2)

Central Avenue Streetscape Requirements.

(a)

Fifteen-Foot Streetscape. Beginning at the back of curb, an eight (8) foot wide sidewalk shall be installed adjacent to a seven (7) foot wide furnishing zone.

i.

Large trees shall be provided in the streetscape spaced at one (1) tree per forty (40) feet of property frontage. Waivers for tree spacing may be considered for access drives or the construction of on-street parking spaces.

(b)

Should any part of the sidewalk fall within private property an easement will be required over that area.

(c)

Modifications to the placement of the furnishing zone and sidewalk may be approved through deviations. When recent public improvements have been installed, the Land Use Administrator may also grant an exception per Subsection 4.13(A)(1)(k), streetscapes.

(E)

Downtown Neighborhood (DN).

Intent/Purpose. The Downtown Neighborhood District applies to all properties with the Downtown Transition (DT) Future Land Use designation, except for those located in the Central Avenue District. This district will allow for single-family residential homes and more opportunities for "missing middle" housing, including small multi-dwelling housing types such as duplexes, triplexes, fourplexes, multiplexes, garden apartments, cottage homes, and live-work units within a size and scale appropriate for intermingling the once solely single-family neighborhoods. Properties within the Downtown Neighborhood Zoning District provide a diverse mix of uses at a lower scale than the Downtown Core and Central Avenue Zoning Districts that are primarily residential in character. Buildings can be multistory and include multiple uses, but at lower heights and site coverage than in the Downtown Core. Compatibility with existing adjacent land uses will be reviewed at the site plan level to provide for adequate buffers and design techniques.

(1)

General Standards. Subject to the general standards for target areas, Subsection 4.13(A).

(2)

Block Size. Block perimeter is limited to two-thousand (2,000) feet maximum.

(3)

Streetscape Requirements.

(a)

Street trees are required in furnishing zones between the street and sidewalk upon change of use or new development.

i.

Large trees shall be provided in the streetscape spaced at one (1) tree per forty (40) feet of property frontage. Deviations for tree spacing may be considered for access drives or the construction of on-street parking spaces.

(b)

Sidewalks shall be required to be constructed along the entire length of the property as the property adjoins public right-of-way upon redevelopment or change of use, at a minimum of six (6) feet wide. Sidewalks shall be required to be constructed at the outside edge of the right-of-way, unless a modified location is approved by the Land Use Administrator, or designee.

(c)

The minimum furnishing zone width shall be five (5) feet.

(d)

Modifications to the placement of the furnishing zone and sidewalk may be approved through deviations. When recent public improvements have been installed, the Land Use Administrator may also grant an exception per Subsection 4.13(A)(1)(k), streetscapes.

(e)

Modifications for additional programming for the public realm to satisfy bonus eligibility criteria shall be coordinated with staff at the time of site plan review.

(F)

Mitchell Hammock Corridor (MHC).

Intent/Purpose. The Mitchell Hammock Corridor applies to properties north and south of West Mitchell Hammock Road extending from Norma Avenue to SR-417. The existing condition is large undeveloped parcels centrally located within the City along a major transportation corridor. Commercial and mixed-use development is encouraged including a balance of high density residential. To maintain the commercial character, commercial uses are required along the Mitchell Hammock Road corridor.

(1)

General Standards. Subject to the general standards for target areas, Subsection 4.13(A).

(2)

Block Size. Block perimeter is limited to two thousand four hundred (2,400) feet maximum.

(3)

Noise Exceptions. The requirements of Chapter 22, Article IV of the Code of Ordinances, and any other noise regulations adopted by the City, shall not apply to entertainment uses.

(4)

Street Network. A street hierarchy shall be presented at the time of Development Plan review and shall comply with local non-residential and alley vehicular lane width standards from Article XI, streets and sidewalks, Section 11.1 and bicycle traffic shall be accommodated per Subsections 11.1(D) and 11.1(E).

(a)

Streetscape Requirements for Primary Streets. Shall comply with the standards for the DN Zoning District streetscape from Subsection 4.13(E)(3).

(b)

Streetscape Requirements for Secondary Streets.

i.

Furnishing Zone. Street trees are required in a continuously planted parkway strip between the street and sidewalk or in tree wells. Both options require a minimum width of seven (7) feet and root barriers for tree plantings.

1.

Large trees shall be provided in the streetscape spaced at one (1) tree per forty (40) feet.

2.

Small and medium trees where overhead utilities exist.

3.

For underground utilities, possibly provide for the required street trees on the private property.

ii.

Sidewalk. Sidewalks shall be required to be constructed along the entire length of the proposed street as the property adjoins public right-of-way upon redevelopment or change of use, at a minimum of six (6) feet wide. Sidewalks shall be required to be constructed at the outside edge of the furnishing zone, unless a modified location is approved by the Land Use Administrator, or designee.

1.

Modifications to the placement of the furnishing zone and sidewalk may be approved through deviations. When recent public improvements have been installed, the Land Use Administrator may also grant an exception per Subsection 4.13(A)(1)(k), streetscapes.

2.

Modifications for additional programming for the public realm to satisfy bonus eligibility criteria shall be coordinated with staff at the time of site plan review.

(5)

Exceptions to Maximum Setbacks. The Land Use Administrator, or designee, may increase the maximum street-side setback to not more than forty (40) feet for the following:

(a)

Eating and drinking establishments to accommodate outdoor eating areas in the front or street-side yard. A street wall shall be provided between the outdoor eating area and the street;

(b)

A publicly accessible open space programmed with passive or active recreational activities exceeding a sodded area. This may include public art, seating and shade, outdoor games, or other recreational activities approved by the Land Use Administrator, or designee.

(6)

Parking Location. If the maximum street-side setback is waived to include an outdoor eating area or publicly accessible space, the parking and/or vehicular use areas may exist between the street-side façade line and the street.

(7)

Prohibited. Within five hundred (500) feet of West Mitchell Hammock Road, detached single-family housing and single-use residential projects are prohibited.

(G)

Gateway West (GW).

Intent/Purpose. The Gateway West District is intended for high density/intensity development and in the western portion of the City near regional transportation facilities on land that has been identified for potential growth opportunities. This target area is largely developed with multifamily, commercial, office, and institutional uses. Mixed-use developments are encouraged incorporating the highest density residential permitted in the City.

(1)

General Standards. Subject to the general standards for target areas, Subsection 4.13(A), general standards.

(2)

Legally Nonconforming. Single-family residential is considered a legally nonconforming use. No new single-family is permitted. All existing single-family developments are subject to the regulations in Article VII, Subsection 7.3(E), single-family residential non-conformities.

(3)

Block Size. Block perimeter is limited to two thousand (2,000) feet maximum.

(4)

Street Network. A street hierarchy shall be presented at the time of Development Plan review and shall comply with local non-residential and alley vehicular lane width standards from Article XI, Section 11.1, street, sidewalk, and bicycle facility requirements, and bicycle traffic shall be accommodated per Article XI, Subsections 11.1(D) and (E).

(H)

MarketPlace (MP).

Intent/Purpose. The MarketPlace District includes the area within the Oviedo MarketPlace Development of Regional Impact (DRI). The existing DRI controls land use and entitlements in this classification until such time as the DRI terminates or is rescinded in whole or in part. The appropriate land use mix should focus on non-residential uses complementary to the existing uses on the MarketPlace property primarily through the addition of high density residential or office uses. Mixed-use developments shall contain a functional, compatible mix of uses within close proximity to each other (which may include established uses) and encourage nonmotorized travel between uses, thus further reducing motorized traffic on the circulation system.

(1)

General Standards. Subject to the general standards for target areas, Subsection 4.13(A), general standards.

(2)

Legally Nonconforming. Single-family detached residential is considered a legally nonconforming use. No new single-family detached is permitted. All existing single-family detached developments are subject to the regulations in Article VII, Subsection 7.3(E), single-family residential non-conformities.

(3)

Block Size. Block perimeter is limited to two thousand (2,000) feet maximum.

(4)

Street Network. A street hierarchy shall be presented at the time of Development Plan review and shall comply with local non-residential and alley vehicular lane width standards from Article XI, Section 11.1, street, sidewalk, and bicycle facility requirements, and bicycle traffic shall be accommodated per Article XI, Subsections 11.1(D) and (E).

(5)

Primary Frontage. Oviedo Mall Boulevard shall be treated as a primary frontage.

(6)

Process. Upon the rescission of the DRI in whole or in part, a Master Land Use Plan is required including all land commonly owned or managed within four-hundred (400) feet of the subject site.

General Standards. The following sections describe the quantity of bonus density and/or intensity that may be granted based on each benefit provided, per Policy 1-1.1.6 of the Comprehensive Plan. Where both intensity and density bonuses are available in a category, the applicant may receive both the intensity and density bonus except as otherwise stated. In no case shall the bonus from any single category or any combination of categories exceed the maximum thresholds established by the Comprehensive Plan.

(A)

Affordable/Workforce Housing.

(1)

Developments are eligible for the following density and intensity bonuses when including workforce or affordable housing in the development. Where mixed-uses are permitted, an applicant may receive both a density and intensity bonus for the same affordable unit.

(a)

For each workforce/moderate income housing unit (eighty (80)—one hundred twenty (120) percent AMI):

i.

One half (½) of a bonus unit;

ii.

Two thousand five hundred (2,500) square feet.

(b)

For each low-income housing unit (fifty (50)—eighty (80) percent AMI):

i.

Four (4) bonus units;

ii.

Five thousand (5,000) square feet.

(c)

For each very low-income housing unit (≥fifty (50) percent AMI):

i.

Six (6) bonus units;

ii.

Five thousand (5,000) square feet.

(d)

In the MP, GW, DC, DT, and MHC, the residential density bonuses described in Subsections (a) through (c) are doubled.

(B)

Green Building or Other Recognized Practices to Enhance Sustainability Including Renewable Energy, Recycling, Stormwater Harvesting, and Electric Vehicle Charging Stations.

(1)

In order to qualify for a bonus, the property owner shall execute a restrictive covenant to achieve the specified LEED (leadership in energy and environmental design), SITES (sustainable sites initiatives), or FGBC (Florida Green Building Coalition) certification (silver, gold, or platinum), or similar certification as accepted by the Land Use Administrator, with a scorecard and checklist that will guarantee certification upon completion. The developer shall provide an amount determined by the fee schedule to be held in escrow until the certification is received. If the certification has not been delivered to the City within six (6) months of certificate of occupancy, the City shall retain the amount held in escrow and transfer such funds to the Sustainability Fund.

(2)

If a development is projected to receive a certification from LEED, SITES, or FGBC, or similar certification as accepted by the LUA, the applicant will be eligible for a percentage of the maximum available bonus for the applicable future land use designation per Policy 1-1.1.6, Density/Intensity Bonus of the Comprehensive Plan. The percentage of bonus applicable for each level of green building certification is listed in Table 4.14.1.

TABLE 4.14.1: AVAILABLE BONUSES FOR GREEN BUILDING AND SITE DESIGN
CERTIFICATIONS

(C)

Publicly Accessible Plaza, Courtyards, Open Space, and Public Schools.

(1)

Land dedicated to the following uses provides eligibility for density or intensity bonuses under this provision.

(a)

Active Public Space. Public or semi-public space that is an activated use, such as a playground, exercise equipment or sports structures, or any other usable space that is deemed an active use by the City (excluding sports fields).

(b)

Passive Public Space. Public or semi-public space that is a courtyard, green space, or plaza with passive uses, like benches, trash cans, seating with tables, and a public fountain; or combination of similar amenities.

(c)

School. Land donated to the Seminole County School District as a public elementary, middle, or high school.

(2)

If five (5) percent or more of the net buildable area of the site above the minimum LDC requirement is devoted to an active public space or passive open space, the development will be eligible for the bonus described in Table 4.14.2 calculated as a percentage of the maximum available bonus per Policy 1-1.1.6 of the Comprehensive Plan. If both active and passive public spaces are provided, the acreage eligible for bonus credit may be based on the combined amount of active and passive public space and the applicant may determine which acreage is counted towards the minimum requirements and which acreage is counted towards the bonus in order to maximize bonus credit.

(3)

If five (5) percent or more of the net buildable area of the site is devoted to public schools, the development will be eligible for the bonus described in Table 4.14.2 calculated as a percentage of the maximum available bonus per Policy 1-1.1.6 of the Comprehensive Plan.

TABLE 4.14.2: AVAILABLE BONUSES FOR PUBLIC SPACE AND PUBLIC SCHOOLS

(D)

Funding Public Transportation Programs or On-Site Public Transportation Facilities.

(1)

The applicant may be granted a bonus for providing on-site multimodal facilities. Facilities may include:

(a)

Parking for car share services with a multi-year agreement with a provider: Up to twenty (20) percent;

(b)

Provision of private bike share program, with a minimum five-year agreement with a provider: Up to ten (10) percent;

(c)

Covered short-term bicycle parking shelters: Up to one (1) percent;

(d)

Enhanced transit shelters: Up to two (2) percent;

(e)

Extension of an existing or planned bike trail: Up to twenty-five (25) percent;

(f)

Facilities for a trailhead as determined by the Land Use Administrator: Up to twenty (20) percent.

(2)

The applicant may receive up to a maximum of fifty (50) percent of the available bonus applied to the net buildable area if the improvement(s) is/are associated with or are an enhancement of the development.

(3)

Should any of the facilities fall into disrepair, or if services discontinue, payments shall be due to the City to repair the facility or provide alternative service.

(4)

In lieu of the installation of multimodal infrastructure pursuant to this section, an applicant may satisfy the transportation requirement of this section by making a monetary contribution to the City which contribution shall be reasonably calculated to compensate the City for providing multimodal facilities that are fairly proportional to the impacts of the bonus. Proceeds from such a contribution may be spent by the City on multimodal facilities in close proximity to the site.

(E)

Structured Parking that Includes Publicly Accessible Parking.

(1)

In single use residential projects, if at least twenty-five (25) percent above the minimum required number of parking spaces is available to the public for short-term parking, the applicant will be eligible for fifty (50) percent of the available density/intensity bonuses. In mixed-use residential projects, if at least twenty-five (25) percent of the total parking is available to the public for short-term parking, the applicant will be eligible for fifty (50) percent of the available density/intensity bonuses. If a lower or higher percentage of parking is provided in single use residential projects or in mixed-use residential projects, the density bonus will be reduced proportionally.

(a)

The parking may be fee-based at the owner's discretion.

(b)

The property owner will be responsible for maintenance and security.

(c)

For developments outside of target areas, the applicant shall demonstrate proximity to a use or area in need of parking at complementary hours to participate in the bonus.

(F)

Targeted Businesses or Industries, or Museum, Library, or other Cultural Facility.

(1)

Targeted Industries listed in Section 2-233 of the City Code of Ordinances.

(2)

Museum, library, or other cultural facility subject to the requirement that the land or square footage shall be leased to a non-profit or government agency at zero dollars ($0.00) or a nominal fee for at least twenty (20) years and the applicant shall have a letter of intent from an initial operator to qualify for the bonus.

(3)

The applicant is eligible for an FAR bonus equivalent to the square footage dedicated to the qualifying uses. The applicant may convert bonus square footage to residential units at a rate of one thousand (1,000) square feet per unit, not to exceed the maximum available residential density bonus.

(G)

Space that Contributes to the Public Realm.

(1)

Applicants may receive up to thirty-three (33) percent of the available density/intensity bonus for substantial enhancements to the public realm in one (1) of the following two (2) ways:

(a)

Improvements to the sidewalk and permanent public art, which includes statues, murals, and sculptures which are able to be viewed by the public from the right-of-way, free of charge. The bonus is only applicable within one-hundred (100) feet of the enhancement. Murals cannot advertise a specific business; or

(b)

Improvements to the sidewalk including sidewalk furniture, enhanced lighting fixtures, plantings or hardscaping exceeding requirements. Sidewalk improvements shall be applied to all block faces for which the bonus is being credited.

(c)

The eligible bonus amount, up to the maximum thirty-three (33) percent, shall be determined in the development agreement.

(H)

Preservation of an Historic Structure (Per Florida Building Code). For the purposes of this LDC and the referenced documents, an historic building is defined as a building or structure that is:

(1)

Individually listed on the National Register of Historic Places; or

(2)

A contributing property in a National Register of Historic Places listed district; or

(3)

Designated as historic property under an official municipal, county, special district or State designation, law, ordinance or resolution either individually or as a contributing property in a district; or

(4)

Determined eligible by the Florida State Historic Preservation Officer for listing in the National Register of Historic Places, either individually or as a contributing property in a district; or

(5)

Determined significant by City Council.

(6)

Based on the definition of an historic building, an applicant may be eligible for an FAR bonus equivalent to the square footage dedicated to the historic structure being preserved in the following ways:

(a)

Adaptive reuse of an historic building using the Secretary of the Interior Standards for Treatment of Historic Buildings.

(b)

Rehabilitate/restore an historic building using the Secretary of the Interior Standards for Treatment of Historic Buildings.

(7)

For a non-habitable structure, City staff may calculate an equivalent square footage based on the footprint and height of the structure.

(8)

The applicant is eligible for a FAR bonus equivalent to the square footage dedicated to the qualifying uses. The applicant may convert bonus square footage to residential units at a rate of one thousand (1,000) square feet per unit, not to exceed the maximum available residential density bonus.

(9)

The maximum eligible bonus for historic preservation is forty (40) percent.

(A)

Prohibited Uses. The following uses are specifically prohibited in all districts:

(1)

Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the Florida Fire Prevention Code, latest edition.

(2)

Stockyards, slaughterhouses, or rendering plants.

(3)

Use of a vehicle, motor vehicle, or temporary structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted unless it is approved with a development order, an authorized accessory use approved with a development order, or special event.

(4)

Adult entertainment establishments except as permitted by the City of Oviedo, Code of Ordinances.

(B)

Prohibited Accessory Uses. The following activities are prohibited in residential districts:

(1)

Storage outside of a substantially enclosed structure of any motor vehicle that is either unlicensed or inoperable.

(2)

Parking outside a substantially enclosed structure of any boat trailer, boom truck, dump truck, camping trailer, recreational vehicle, semi-trailer, temporary living quarters, trailer, travel trailer, truck camper, truck-tractor, truck trailer, wrecker, single-unit truck or motor home between the front building line of the principal building and the street on any residential lot.

(C)

Hazardous Materials. Storage of hazardous materials or hazardous waste shall not be permitted within the one hundred-year floodplain.