30.9.1.1 Intent.

(a)

In applying the criteria and standards contained in this Part to the review of proposed public school locations and site plans as provided for in Section 1013.36, Florida Statutes, the County shall attempt to balance the need to ensure an adequate supply of suitable school sites against the needs to protect adjacent neighborhoods, mitigate off-site impacts and ensure the safety and convenience of vehicular and pedestrian traffic.

(b)

To achieve this balance the County may determine that one or more of the standards contained in this Part may be waived by the County in the interest of supplying a needed public facility upon making a finding that such an exception will not pose undue risk or harm to the health, safety and welfare of the County in general and surrounding neighborhoods in particular.

(c)

Proposed public school locations and site plans will be reviewed for compliance with all applicable provisions of this Code; provided, however, that the provisions of this Part will prevail over any conflicting provisions.

30.9.1.2 Locational criteria for all public schools.

(a)

To minimize average home-to-school travel distances, schools shall be located as close to residential areas and as far from and avoiding travel impediments such as natural barriers, limited access highways, and County boundaries as is practicable.

(b)

School sites shall not be located where available access points are in close proximity to intersections that pose hazards to pedestrians or that are potential high-congestion areas such as expressway interchanges, arterial-arterial intersections, and active railway crossings. Minimum distances between a school access point and such intersections shall conform to state and County access permitting requirements. The adequacy of specific access designs shall be determined by the County at site plan review.

(c)

School sites shall be located on one (1) or more roads with all roads having an existing or planned sidewalk or bikeway extending continuously a minimum of one half (½) mile in both directions from each proposed school access point or the School Board shall coordinate with the County and other appropriate public and private parties for the construction of the necessary off-site sidewalk(s) and/or bike path(s), which shall also be connected to any adjoining off-site sidewalk(s) and/or bike path(s) as well as to the school's on-site planned sidewalk/bike path network the costs of which shall be borne by the responsible person or entity.

30.9.1.3 Locational criteria—Public elementary schools.

(a)

Elementary schools shall be located within or adjacent to existing or planned residential neighborhoods.

(b)

An elementary school shall not be located along arterial roadways where heavy traffic will pose public safety hazards unless, due to siting limitations, an elementary school must be located on an arterial, in which case, such site shall also have access to an adjacent local or collector road.

(c)

If the proposed site is located within areas assigned the commercial, higher intensity planned development, office, or industrial land use designations, the site plan shall provide design features that ensure the site's safety and accessibility including, as appropriate: sidewalk traffic barriers; pedestrian overpasses; security fences; and vehicle access controls.

30.9.1.4 Locational criteria—Public middle/high schools.

(a)

Middle and high schools serve relatively large geographic areas and shall, therefore, be located with direct access to a collector or arterial roadway to provide maximum accessibility and prevent negative impacts on neighborhoods. In no case shall a site's primary access be onto a local roadway.

(b)

Middle schools and high schools shall not be located immediately adjacent to existing or future single-family residences unless the site is of adequate size to provide the additional setbacks required elsewhere in this Part to protect adjacent residences from adverse noise, lighting and activity impacts.

30.9.1.5 Site design standards—All public schools.

(a)

When consistent with public safety requirements and public liability considerations, school recreation areas, facilities and equipment shall be designed and located to provide maximum public use and accessibility including direct pedestrian access to nearby existing or future residential areas where possible. When consistent with public safety requirements and public liability considerations, perimeter fences or walls shall include gates or other means of entry which shall remain open on an extended-hour schedule allowing both convenience to users and property security.

(b)

Where proposed school sites abut public recreation areas, interconnecting pedestrian access shall be provided at the time of site development.

(c)

Bike storage areas shall be provided according to the Florida Department of Education standards.

(d)

The minimum school site size shall be that area required to fulfill Florida Department of Education-site selection criteria plus any additional acreage necessary to accommodate all County Code design and compatibility requirements such as setbacks, stormwater management areas, as specified elsewhere in this Part.

(e)

The site plan shall locate all active uses such as parking, loading, air conditioning units, refuse collection, signs, lights, storage areas and active school recreational areas remote from adjacent residential uses in order to minimize impacts unless site limitations make this infeasible, in which case, the site plan must satisfy active use setback requirements as specified elsewhere in this Part.

30.9.1.6 Setbacks and bufferyards—All schools.

(a)

Setbacks shall be required to separate different land uses and minimize potential nuisances such as excessive noise and light.

(b)

Setback widths shall be determined by the nature of the adjacent land use and whether the school site use has an active or passive edge.

(c)

Landscaped buffers are encouraged along school site boundaries that abut residential uses.

(d)

To provide additional flexibility in locating appropriately-sized school sites, the use of appropriate buffers will qualify for a reduction in minimum setback width requirements.

30.9.1.7 Setback design—All schools.

(a)

Unless specifically provided for otherwise, permitted uses within setbacks includes:

(1)

Landscaped open spaces;

(2)

Natural vegetation;

(3)

Sidewalks;

(4)

Bike paths;

(5)

Stormwater management areas;

(6)

Passive recreational uses.

(b)

Unless specifically provided for otherwise, prohibited buffer uses include:

(1)

All imperviously surfaced facilities other than sidewalks or bike paths such as buildings, parking lots and roads;

(2)

Floodlights;

(3)

Active school recreation areas.

30.9.1.8 Setback size—Public elementary schools.

(a)

Where a school site boundary abuts an existing residential use, property assigned a residential land use designation or property assigned a residential zoning classification, the minimum setback widths shall be as follows:

(1)

Twenty-five (25) feet around passive edge uses;

(2)

Forty (40) feet around active edge uses;

(3)

Seventy-five (75) feet around active school recreation uses.

(b)

Where a school site boundary abuts an existing nonresidential use, property assigned a nonresidential land use designation or properties assigned a nonresidential zoning classification, the minimum setback width is twenty-five (25) feet around all uses.

(c)

Where the school site abuts an arterial roadway, a minimum thirty-five (35) feet setback adjacent and contiguous to the arterial shall be required.

30.9.1.9 Optional buffer—Public elementary schools.

(a)

Provision of a landscaped buffer and masonry wall that meet the requirements for buffers as specified in this Part will reduce minimum setback requirements as follows:

(1)

Where a school site boundary abuts an existing residential use, property assigned a residential land use designation or property assigned a residential zoning classification and an adequate landscaped buffer is provided, the minimum setback widths are as follows:

a.

Twenty (20) feet around passive edge uses;

b.

Thirty (30) feet around active edge uses;

c.

Forty (40) feet around active recreation uses.

(2)

Where a school site boundary abuts an existing nonresidential use, property assigned a nonresidential land use designation or property assigned a nonresidential zoning classification and an adequate landscaped buffer is provided, the minimum setback width is twenty (20) feet around all uses.

(b)

Preservation of natural on-site vegetation to satisfy buffer planting requirements is strongly encouraged.

30.9.1.10 Setback size—Public middle/high schools.

(a)

Where a school site boundary abuts an existing residential use, property assigned a residential land use designation or property assigned a residential zoning classification, the minimum setback widths are as follows:

(1)

Thirty-five (35) feet around passive edge uses;

(2)

Fifty (50) feet around active edge uses;

(3)

One hundred fifty (150) feet around active school recreation uses.

(b)

Where a school site boundary abuts an existing or future nonresidential land use, property assigned a nonresidential land use designation or property assigned a nonresidential zoning classification, the minimum setback width is twenty-five (25) feet around all uses.

(c)

Where the school site abuts an arterial roadway, a minimum thirty-five (35) feet setback adjacent and contiguous to the arterial shall be required.

30.9.1.11 Optional buffer—Public middle/high schools.

(a)

Provision of a landscaped buffer and masonry wall that meet the requirements for buffers as specified in this Part will reduce minimum setback requirements as follows:

(1)

Where a school site boundary abuts an existing residential use, property assigned a residential land uses designation or property assigned a residential zoning classification and an adequate landscaped buffer is provided, the minimum setback widths are as follows:

a.

Twenty-five (25) feet around passive edge uses;

b.

Thirty-five (35) feet around active edge uses;

c.

One hundred (100) feet around active recreation uses.

(2)

Where a school site boundary abuts an existing nonresidential use, property assigned a nonresidential land use designation or property assigned a nonresidential zoning classification and an adequate landscaped buffer is provided, the minimum setback width is twenty-five (25) feet around all uses.

(b)

Preservation of natural on-site vegetation to satisfy buffer planting requirements is strongly encouraged.

30.9.1.12 Private school grade levels. This Section provides a procedure for the enforcement of the land development regulations of the County relative to private schools that do not fall within the State established grade levels for public schools. If private schools are a permitted or conditional use within a zoning classification and the grade levels proposed to be provided by the private school do not match the grade levels established by State law for elementary, middle and high schools, the Development Services Director shall accomplish an impact analysis relative to the proposed private school and determine whether the impacts of the proposed private school are less than and dissimilar to the impacts of the established grade levels of a public school. In making his or her determination, the Development Services Director shall consider the maximum number of students that will attend the private school, traffic impacts, other uses of the facility in which the private school is located and such other factors as she or he determines to be relevant based upon sound and generally acceptable planning and land use principles. The Development Services Director shall issue a development order pursuant to Chapter 20 imposing such conditions and limitations relative to the approval of a private school as she or he deems appropriate to address the impacts of the private school or shall issue a denial development order if approval is denied. Decisions of the Development Services Director may be appealed pursuant to the provisions of Section 20.12.

Drafter's Note—An example of the application of this provision would be if a private school is proposed for grades kindergarten through the sixth grade while public and private middle schools (with grades six through eight) are not permitted uses in the zoning classification. If the Development Services Director, upon making the impact analysis, determines that the private school should be approved notwithstanding the fact that one middle school grade level is included in the private school, such approval may be granted pursuant to a development order.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

(a)

These siting standards shall apply when the placement of mobile homes is otherwise permitted by this Code. The provisions of this Code shall not be construed to be in conflict with State law and, to the extent of any conflict, state law shall prevail.

(b)

Access:

(1)

All mobile and manufactured homes must have safe and convenient vehicular access from a local or collector street as identified in the Traffic Circulation Element of the Seminole County Comprehensive Plan. Such access shall be designed to minimize traffic congestion and hazards.

(2)

Driveways shall be designed and constructed to provide safe and convenient vehicular access to each mobile home subject to the following:

(1)

All units shall have access to the street system.

(2)

Each unit shall be provided with a single width driveway at least ten (10) feet wide. The driveway shall be a minimum of twenty (20) feet in length if a full depth carport is utilized. If a full carport is not utilized the driveway shall have a minimum length of thirty (30) feet.

(c)

Landscaping and buffers for mobile homes/manufactured housing in RM-1, and RM-2 Districts:

(1)

All common open space and all land not otherwise developed shall be landscaped in a manner that enhances the appearance of the development, as determined by the Development Services Director based upon standards generally set forth in this Code relating to developments with similar impacts.

(2)

Perimeter landscape buffers and parking lot islands shall be as specified in the Part 14, Chapter 30 of this Code.

(d)

Construction standards:

(1)

Mobile or manufactured home stand foundation requirements/tie-downs and anchors/perimeter enclosure requirements:

a.

The mobile or manufactured home stand shall be installed and anchored in accordance with the current adopted Building Code and State law. Any additions to the mobile or manufactured home must also be anchored in accordance with applicable federal and state law.

b.

All mobile or manufactured homes in special flood hazard areas shall comply with all other applicable provisions of this Code including, but not limited to, provisions relating to wetlands and flood prone areas.

c.

When mobile or manufactured homes are installed above grade, opaque skirting or screening shall be used surrounding such mobile or manufactured homes.

d.

Crawl space access openings shall be provided. Such openings shall be located so that any utility connections located under the home are accessible.

e.

Crawl space areas shall be ventilated by openings in the perimeter enclosure. Openings shall be arranged to provide cross ventilation and shall be covered with corrosion resistant mesh-like material of not less than one-quarter (¼) inch or more than one-half (½) inch in any dimension. If combustion air for one (1) or more heat producing appliance(s) is taken from within the under-floor spaces, ventilation shall be adequate to secure proper appliance operation.

f.

A minimum clearance of eighteen (18) inches shall be maintained beneath the lowest member of the floor support framing system, unless otherwise specified in the manufacturer's installation instructions.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Lots proposed for duplex structures may be platted to facilitate separate and different ownership providing:

(a)

Each unit of an attached dwelling unit shall be constructed at the same time and each unit shall be located on a parcel of land having a minimum land area of four thousand five hundred (4,500) square feet and a minimum width of thirty-seven and one-half (37½) feet.

(b)

The common party wall adjoining both units shall be constructed in accordance with the Southern Building Code.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

No trucks having a gross vehicle weight of more than 14,000 pounds be parked or stored in any residentially zoned area other than to load or unload merchandise; nor may any truck of any size, which has operating motorized cooling units, be permitted to be parked in any residentially zoned area. Only the Federal Highway Administration (FHA) vehicle weight class categories of Class 1 through Class 3 trucks meeting the above weight limitation may be parked in residentially zoned areas. The weight and classification limitations contained herein do not apply to personal pickup trucks or personal recreational vehicles (RVs) as defined by Section 320.01(b), Florida Statutes.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.9.5.1 General Regulations.

(a)

Where boat docks or boathouses are a permitted use the following requirements must be met prior to issuance of any applicable permit:

(1)

The lot upon which the structure will be developed must have a minimum thirty (30) feet of frontage on the subject water body.

(2)

The lot upon which the structure will be developed must be a legal lot of record and must meet minimum lot size requirements.

(3)

The lot upon which the structure is located must have adequate off-street parking for at least two (2) vehicles.

(4)

The applicant must demonstrate compliance with all local, state and federal regulations and permit requirements.

(b)

No boat dock or boathouse may be rented or leased.

(c)

A boathouse may not be higher than fifteen (15) feet above the normal high water elevation, as measured in accordance with the definition of "building, height of" in Chapter 2, Section 2.3 of this Code. The Board of County Commissioners may permit a taller boathouse upon a determination that the view of the water body from neighboring properties will not be adversely affected.

30.9.5.2 Waterfront residential lots. Each residential lot is permitted one (1) boat dock and one (1) associated boathouse when accessory and incidental to the principal dwelling.

30.9.5.3 Boat dock and floating boat dock setback requirements; permit required.

(a)

Setbacks applicable to docks - Side yard accessory use setbacks are applicable to all boat docks and floating boat docks except for docks at common property lines if approved by the Planning Manager, or designee, based upon sound and generally accepted land use and planning principles.

(b)

It is unlawful to construct, accomplish construction work, or place at a location any boat dock or floating boat dock without obtaining a building permit and all required State permits prior to such activity.

30.9.5.4 Dogs in public food establishments.

(a)

Program created. Pursuant to Section 509.233, Florida Statutes (2011), as this statute may be amended from time to time, there is hereby created a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor dining areas of public food service establishments, which exemption procedure may be known as the Seminole County Dog Friendly Dining Program.

(b)

Definitions. As used in this Section, the following terms shall be defined as set forth herein unless the context clearly indicates or requires a different meaning:

Division: The Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.

Dog: An animal of the subspecies Canis lupus familiaris.

Employee or employees: Owner, manager, host, wait staff, cook, dishwasher or any other person involved in the operation of the public food service establishment.

Outdoor dining area: An area not enclosed in a building and which is intended or used as an accessory area to a public food service establishment which provides food and/or drink to patrons for consumption in the area.

Patron: "Guest" as defined by Section 509.013(3), Florida Statutes, or its successor provision.

Permittee: A person granted a permit under this Section who is ultimately responsible to ensure that the public food service establishment is in compliance with all applicable rules and regulations.

Planning and Development Division Manager: The manager of the Planning and Development Division, or designee.

Premises: All of the area encompassing a public food service establishment.

Program: The dog-friendly dining program established by this Section.

Public food service establishment: Any establishment meeting the definition of such term as provided by Section 509.013(5)(a), Florida Statutes, or its successor provision.

(c)

Permit and submittal requirements. Public food service establishments must apply for and receive a permit from the County before patrons' dogs are allowed on the premises. The County may establish a reasonable fee to cover the cost of processing the initial application and renewals. Applications for a permit under this Part shall be made to the Planning and Development Division, on a form provided for such purpose by the Planning and Development Division.

(1)

The application for a permit shall include such information as the County deems reasonably necessary to enforce the provisions of this Section, but shall require, at a minimum, the following information:

a.

Name, location, and mailing address of the public food service establishment.

b.

Name, mailing address, and telephone contact information of the permit applicant. This name, mailing address, and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant.

c.

A diagram and description of the outdoor dining area which is requested to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor dining area; the boundaries of the designated outdoor dining area and of the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information the County deems necessary. The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit.

d.

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor dining area.

e.

A signed and notarized statement that the permittee shall hold harmless and indemnify the County, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried out under the terms of the permit.

(2)

Permit application review and approval. Permit applications submitted under this Section shall be reviewed and approved by the Planning and Development Division Manager in accordance with the following:

a.

After the Planning and Development Division Manager determines the application for a permit to be complete and in compliance with this Section, the Planning and Development Division Manager shall cause inspection of dining areas of the food service establishment designated in the application for compliance with the provisions of this Section. A food service establishment found not in compliance upon such inspection shall have a reasonable time in which to correct any deficiencies found. Upon correction of such deficiencies, the public food service establishment shall request reinspection.

b.

The Planning and Development Division Manager shall issue approval or denial of the permit within ten (10) days of determination.

c.

An application shall be deemed abandoned if:

i.

The Planning and Development Division Manager determines it remains incomplete for a period of ninety (90) days after notice to the applicant of the deficiencies in the application, or

ii.

If inspection of the food service establishment revealed deficiencies in compliance with this Section and the applicant has not requested reinspection within such period.

(d)

General regulations. Public food service establishments that receive a permit for a designated outdoor dining area pursuant to this Section shall require that:

(1)

Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor dining area.

(2)

Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware.

(3)

Patrons in a designated outdoor dining area shall be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor dining area.

(4)

Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations.

(5)

Permittee shall require that patrons keep their dogs under reasonable control and on a leash at all times.

(6)

Employees shall not allow any part of a dog to be on chairs, tables, or other furnishings.

(7)

Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.

(8)

Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table.

(9)

Employees shall ensure that accidents involving dog waste are cleaned and sanitized immediately with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated dining area.

(10)

Employees shall not permit dogs to be in, or to travel through, indoor or nondesignated outdoor dining areas of the public food service establishment.

(11)

Ingress and egress to the designated outdoor dining area shall not require entrance into or passage through any indoor area or nondesignated outdoor dining areas of the public food service establishment.

(12)

A sign or signs notifying the public that the designated outdoor dining area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner and place as determined by the County.

(13)

A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the County.

(14)

A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the County.

(15)

Such mandatory sign shall be no less than eight and one-half inches in width and eleven inches in height (8½ × 11) and printed in easily legible typeface of not less than 36 point font size.

(16)

Permits shall be conspicuously displayed in the designated outdoor dining area.

(e)

Expiration and revocation.

(1)

A permit issued pursuant to this Section shall expire automatically upon the sale or transfer of the public food service establishment. The subsequent owner may apply for a permit pursuant to this Section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor dining area of the public food service establishment.

(2)

A permit may be revoked by the Planning and Development Division Manager if, after notice and reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this Section. If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder.

(3)

If a public food service establishment's permit is revoked, no new permit may be approved for the establishment until all issues associated with the revocation are resolved. This includes any outstanding fines.

(4)

Any permit holder, or aggrieved applicant for a permit, may appeal any decision made by the Planning and Development Division Manager consistent with Section 30.3.3.2(b) of this Code. A written petition for such appeal must be filed with the Planning and Development Division within thirty (30) days of the action or decision sought to be appealed. The petition shall fully and completely set forth a recitation of the action or decision being appealed and the grounds and reasons upon which the appeal is based. Any written documents relating to the appeal shall be included with the petition.

(f)

Complaints and reporting.

(1)

Complaints may be made in writing to the Planning and Development Division Manager, who shall, in accordance with Section 509.233(5), Florida Statutes, accept, document, and respond to all complaints, and shall timely report to the Division all complaints and the response to such complaints.

(2)

The County shall provide the Division with a copy of all approved applications and permits issued.

(3)

All applications, permits, and other related materials shall contain the Division-issued license number for the public food service establishment.

(g)

Enforcement.

(1)

Any public food service establishment that fails to comply with the requirements of this Section shall be subject to enforcement proceedings consistent with the applicable provisions of the Seminole County Code. Such code enforcement action shall be in addition to the permit revocation action provided for in Section 30.9.5.4(e)(2), above. Each day a violation exists shall constitute a distinct and separate offense.

(2)

The Code Enforcement Board or Special Magistrate shall have jurisdiction to hear and decide violations of this Section. The jurisdiction of the Code Enforcement Board or Special Magistrate shall not be exclusive. Any alleged violation of any of the provisions contained herein may also be pursued by appropriate remedy, whether by injunctive, declaratory, or other civil remedy, at the option of the County.

(h)

Area of applicability. This Section shall be applicable to and embrace the unincorporated area of Seminole County only.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.9.7.1 Purpose and intent.

(a)

The alternative density option (hereinafter referred to as the "ADO"), is designed to encourage maximum private sector participation in the development of affordable housing opportunities within the County. It is the intent of the ADO to reduce development costs by permitting flexibility in the application of design and development standards where such flexibility can be reasonably made without reducing the overall quality of life for present and future residents of the County. It is also the intent of the ADO to reduce the time required for development review to further facilitate private sector development of affordable housing.

(b)

In order to meet the intent of this Part, unless the property is located in an area designated as a CDBG Target Area designated by the Board of County Commissioners, the percentage of dwelling units which are provided as very low and low income housing units within an ADO development shall be not less than ten (10) percent and the number of low income units provided shall not exceed thirty (30) percent of the total. This provision is intended to ensure that low income units are mixed in with other income units to prevent concentrated pickets of low income households and to maintain neighborhood viability.

30.9.7.2. Applicability; compliance. The ADO is not a separate zoning classification, but is a development option for properties assigned the R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, R-3, R-3A, and R-4 zoning classifications. An applicant may submit plans and an application for development approval pursuant to the standards for these zoning classifications as set forth in this Code or may submit plans and applications for development approval pursuant to the standards and procedures set out in this Part. To the extent that the provisions of this Part are in conflict with other provisions of this Code, the provisions of this Part shall prevail. Election to use the ADO permits the submission and review of plans and applications for development approval using the procedures and standards in this Part. Failure to comply with all mandatory provisions of this Part shall be cause for revocation of any approvals which have been issued and shall result in transfer of the review to the conventional process, and shall require compliance with all applicable provisions of this Code as if the ADO had not been used.

30.9.7.3 Procedure.

(a)

It is the intent of this Part that the procedure for submission, review, and consideration of a proposed development under the ADO provisions of this Part be streamlined to facilitate rapid and efficient review and consideration. Accordingly, the submission, review, and procedure set forth below incorporate the procedures established in this Code for subdivision review and site plan review with limited changes. The applicant may elect to pursue approval of a development under the provisions of this Part through use of following procedures:

(1)

Pre-application meeting. Prior to submittal of a subdivision or site plan, the applicant shall request a pre-application meeting. Such meeting shall be coordinated by the Development Services Director and with appropriate Development Review Committee staff. At this meeting, the applicant shall informally, but comprehensively, review his plans and each agency represented shall discuss procedures and regulations which shall apply. In addition to submission and review requirements under this Code, all specific requirements of this Part shall be discussed. The purpose of the meeting shall be to expedite the preparation and review of plans. Failure of a review department to inform the applicant of a specific requirement at the pre-application meeting shall not authorize non-compliance with that requirement.

(2)

Staff review coordinator. The Development Services Director shall assign a staff review coordinator to facilitate the review process. It shall be the staff review coordinator's responsibility to ensure that all reviews are completed in an expeditious manner and that information from the review process is conveyed to the applicant on a timely basis. The staff review coordinator shall advise the Development Services Director and other reviewers of any deadlines for the review, as well as any relevant new information. The staff review coordinator shall also be responsible for arranging any meetings of the Development Review Committee and for keeping central records on the review process for the application.

(3)

Subdivision development plan review. Following the pre-application meeting, the applicant shall submit a preliminary plan or a site plan as set forth in this Code. In addition to the other required submittals in this Code, the applicant shall provide the following:

a.

A description of the dwelling unit types, sizes and prices (or price ranges) projected for the development;

b.

A description of the recreational and community facilities to be included within the development, and the services to be provided in conjunction with those facilities;

c.

A description of the phasing of the development, including the mix of dwelling units and facilities to be included within each phase;

d.

A draft affordability agreement guaranteeing limitations on the sale or rental prices to be charged for the housing;

e.

A description of the tenants and/or owners association(s) to be formed along with an explanation of the means which will be used to ensure adequate maintenance of any common land or facilities which will become the responsibility of the residents of the development;

f.

The development plan and documents required shall be reviewed and approved as provided in this Code. The additional documents required herein shall be reviewed by the Development Review Committee and by the County Attorney.

(4)

Board review and approval of preliminary plats and final site plans. After review and approval of the preliminary subdivision plan and the site plan by the Development Review Committee, the application shall be submitted for consideration by the Board. Issuance of a development order and execution of the affordability agreement will occur upon approval.

(5)

Waivers. Any substantive requirement or standard of this Part may be waived by the Board at the time of preliminary subdivision plan and site plan approval if such waiver is permitted by state law and upon the Board finding that such waiver will result in the construction of affordable housing in the County, except that the minimum provisions for mix of affordable housing as set forth in this Code shall not be waived. All development permits and inspection fees may be waived by the Board for applications meeting the minimum requirements of the ADO if the Board finds that said waiver advances the provision of affordable housing in Seminole County.

(6)

Final plan. The applicant shall have one (1) year from the date of preliminary plan approval to file for final plan approval for all of the areas covered in the preliminary plan or the preliminary approval shall lapse. An extension of the preliminary plan approval may be granted by the Board for good cause upon written request of the applicant and the Board finding that good cause has been demonstrated by the applicant.

30.9.7.4 Affordability agreement. Upon approval of an ADO, the applicant shall execute an affordability agreement in a form acceptable to the County. Such agreement shall include, but is not limited to, the following:

(a)

Assurance that the mix of affordable housing units will be implemented as required in this Code and that the initial sales prices or rental amounts will be set within a range which is consistent with the definitions of affordable housing;

(b)

Provision that there will be no modification of any portion of the approval without review of all portions to ensure that the purposes of this Part are complied with.

30.9.7.5 Development standards.

(a)

Minimum size of project/location of project. A parcel must be at least five (5) acres and under single ownership or control or be located within a CDBG Target Area designated by the Board of County Commissioners.

(b)

Uses. Residential uses shall be permitted, subject to the provisions of this Code. Residential dwelling types which may be permitted include: single-family dwellings (including zero-lot line dwellings), duplex dwellings, triplex dwellings and quadraplex dwellings. It is the intent of this Part to provide for livable communities with appropriate ancillary community uses and services. Accordingly, other non-residential uses may be approved by the Board at the time of approval of the preliminary subdivision plan or final site plan. These uses may include:

(1)

Day care facilities;

(2)

Community centers; or

(3)

Houses of worship.

(c)

Location of uses. Multifamily and non-residential uses shall be located near to the center of the development to be accessible to the internal circulation system and so as to be remote from adjoining development. Limited passive recreational areas such as walkways and other low-intensity recreational activities may be incorporated in residential areas near the periphery of the development to act as a buffer from surrounding neighborhoods, subject to Board approval. In permitting these uses, the Board shall consider the location, character, and extent of the uses and the degree to which noise, light, glare, traffic, or other impacts of the uses or access facilities will adversely impact on the development or surrounding areas.

(d)

Density and dimensional regulations.

(1)

The overall density of development permitted in an ADO project shall be the same as established for the zoning district in which it is located, provided that the density may be increased as follows if low income housing is provided:

(2)

Table 1 in an attachment to this Part sets forth the density, lot and bulk standards applicable to specific types of development under the provisions of this Part. These standards are designed to ensure usable rear yards for zero lot line and duplex structures and adequate open space between triplex and quadraplex units to maintain the livability of ADO units. Innovative lot design and alternative lot, yard and unit sizes may be approved on a case-by-case basis upon the Board finding that the proposed design meets the intent of this provision.

(e)

Compatibility with adjacent development. Where an ADO development abuts an existing single-family use and development, certain additional restrictions apply. Table 2 in an attachment to this Part shows which specific uses are permitted in areas immediately adjacent to the boundary of the development when an ADO abuts a single-family district. For the purposes of this Section, setbacks shall be measured from property line separating the developments and lot widths shall refer to the lot dimension along the property line with the adjacent development.

(1)

Lot widths. A wide divergence of lot widths provides the needed flexibility for developing affordable housing units. Lot widths, however, should be controlled on periphery lots adjacent to single-family neighborhoods to maintain compatibility. The number of units visible from the adjacent backyards should be the same to maintain compatibility. Minimum lot widths shall be as follows:

(2)

Minimum house size. Affordable housing units may be smaller than typical single-family units. For single-family and zero lot line units on peripheral lots, minimum house sizes to adjacent units shall be as follows:

(f)

Parking. Each dwelling unit shall be provided with not less than two (2) off-street parking spaces. In addition, one (1) or more separate areas may be set aside in each development for supplemental parking of motor vehicles. Such area(s) shall provide for adequate space for vehicles which might otherwise park on streets, but shall not exceed four (4) spaces for each ten (10) dwelling units. Such common parking areas shall be located within four hundred (400) feet of the units they serve.

(g)

Subdivision standards. Upon making findings that it would be in the best interests of the public and that the inventory of affordable housing in the County will increase as a result of a waiver, the Board may waive appropriate subdivision standards. The developer is encouraged to utilize innovative techniques that can reduce the costs of housing. The County shall review such proposals on a case by case basis.

(h)

Common recreation areas. Each ADO project, except those located within CDBG Target Areas designated by the Board of County Commissioners, shall provide common recreational facilities to serve development residents. Neighborhood parks shall be provided for all ADO projects and community centers may be required for projects which exceed twenty (20) acres in size. At a minimum, neighborhood parks of a minimum of one-half (½) acre in size shall be located within walking distance (1,320 feet) of each residential unit. Depending on the configuration and size of the ADO project, these parks may be located centrally or may be required to consist of two (2) or more parks located throughout the development. Each park shall be equipped with play equipment, benches, lighting and minimum landscaping and be readily accessible from sidewalk and pedestrian ways. This requirement may be satisfied if the units are within walking distance (one thousand three hundred twenty (1,320) feet) of an existing or planned off-site public recreational facility.

(i)

Community facilities. A community center area may be created to serve the development. This area shall be located near the physical center of the development and where it can be served by the internal principal street system. The community center area shall be under the management responsibility of the residents association. The community center area may provide facilities for day care, meetings and activities, and a common recreation area.

(j)

Owners associations/community associations. An association or associations shall be established in connection with any development under these ADO provisions except for those developments located within CDBG Target Areas as designated by the Board of County Commissioners. The purpose of such associations shall be to enable the residents of the project to achieve the maximum benefit therefrom, to facilitate the management of the project in the mutual interests of the residents and to maximize the continuing overall quality of the development. Those portions of a development which consist of rental housing shall provide for a tenants association. Those portions of a development which consist of non-rental units shall provide for a homeowners association. Where a development includes both rental and non-rental units, a separate umbrella association covering all residents shall be provided in addition to separate associations for owners and renters, except that a single association may represent all interests if less than ten (10) percent of the units are in either the rental or home sales category.

*Total for ALL units.

*Built to the above conventional standards.

Source: Florida Planning Group, Inc., 1991.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.9.8.1 The Board of County Commissioners shall not place any restriction or condition on a gun club that in any way regulates or affects the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, or transportation of firearms or ammunition nor shall the Board of County Commissioners take any action that is prohibited by Section 790.33, Florida Statutes (2020), as this statute may be amended from time to time.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).