The planning and zoning board shall review a planned unit development (PUD) application and its associated preliminary development plan to determine its conformity with the comprehensive plan and the requirements of this article. The planning and zoning board shall recommend to the city commission the approval, approval subject to conditions and modifications, or disapproval of the a planned unit development zoning application and its associated preliminary development plan. In making its recommendation to the city commission, the planning and zoning board shall consider the criteria specified in section 118-828. It is not necessary for planning and zoning board to make findings of fact in support of its recommendation to the city commission concerning planned unit development applications and associated preliminary development plans.

(Code 1988, §; 24-189; Ord. No. 12-24, § 1, 5-24-12)

Property rezoned to the PUD classification must meet the requirements of the rezoning procedure to include proper notification and the adoption of an ordinance approving the PUD. No part of the PUD requirements of this article may be eliminated except with the specific approval of the city commission through the adoption of an ordinance approving the PUD.

(Ord. No. 99-29, § I, 4-22-99; Ord. No. 12-24, § 1, 5-24-12)

The city commission may approve a proposed planned unit development (PUD) and its associated preliminary development plan only after competent, substantial evidence has been presented that allows the city commission to make the following determination:

(1)

The proposed PUD is consistent with the land development regulations, comprehensive plan and the future land use map;

(2)

The proposed PUD will not substantially devalue or prevent reasonable use and enjoyment of the adjacent properties;

(3)

Adequate public infrastructure facilities and water and sewer service to support the development of the proposed PUD are available or an agreement or binding conditions have been established that will provide these facilities, improvements and services in a reasonable time frame;

(4)

The proposed PUD will not allow a type or intensity of development that is premature or presently out of character in relationship to the surrounding area;

(5)

The rezoning will not interfere with an adjacent property owner's reasonable expectation of use or enjoyment; and

(6)

There is availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed PUD and the surrounding area, or an agreement or binding conditions have been established that will provide such transportation facilities to support said traffic in a reasonable time frame.

(Ord. No. 99-29, § I, 4-22-99; Ord. No. 12-24, § 1, 5-24-12)

Any time limits imposed by this article or the applicable PUD zoning ordinance may be extended by the city commission for reasonable periods upon the petition of an applicant prior to the expiration of the PUD and based upon good cause, as determined by the city commission.

(Ord. No. 09-19, § 4, 10-8-09)

In the event the developer fails to comply with the time limits of section 118-836(a) or section 118-989 or fails to comply with the time limits contained in the applicable PUD zoning ordinance, the preliminary development plan shall automatically expire and no further development orders or permits shall be issued and no development shall occur on the land unless and until the city commission reapproves the preliminary development plan or approves a new preliminary development plan. The city may require modifications to the applicable PUD zoning ordinance as a precondition to such approval. After the expiration of the preliminary development plan pursuant to this section, the city shall have the right to terminate the applicable PUD zoning ordinance and related development orders, permits, and agreements and return the land, or any portion thereof to its previous zoning classification or to a zoning classification that is consistent with the comprehensive plan and the city commission deems most appropriate. If approval of a final plat is obtained for a portion of a planned unit development or if a final development plan is obtained for a portion of a planned unit development and the developer has commenced construction contemplated by such plan, then in either of such events the preliminary development plan shall remain in full force and effect with respect to the portion of the planned unit development not included within such final plat or final development plan and such preliminary development plan shall not be subject to termination under the provisions of this section.

(Ord. No. 09-19, § 5, 10-8-09)

Four steps are generally required to obtain final approval for a residential or urban village planned unit development:

(1)

Preliminary conference;

(2)

Preliminary development plan submission and application for planned unit development zoning;

(3)

Preliminary plat submission; and

(4)

Final development plan submission

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

The preliminary conference for a residential or urban village planned unit development shall generally include the following: the city planner, city engineer, building official, fire marshal, city public services director, and the developer.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Common open space: A parcel of land or a combination of land and water within the site designated as a planned unit development, and designed and intended for the use or enjoyment of residents of the planned unit development. All common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the planned unit development.

Developer: A person, firm, association, syndicate, partnership or corporation who owns land which is developed or proposed to be developed into a planned unit development and who is actually involved in the construction and creation of a planned unit development.

Development plan: The total site plan of a planned unit development drawn in conformity with the requirements of this division. The development plan shall specify and clearly illustrate the location, relationship, design, nature and character of all primary and secondary uses, public and private easements, structures, parking areas, public and private roads, and common open space.

Development schedule: A comprehensive statement showing the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A development schedule shall contain an exact description of the specific buildings, facilities, common open space, and other improvements to be developed at the end of each time period.

Final development plan: The development plan approved by the city commission and recorded with the clerk of the circuit court of the county according to this division.

Final development plan application: The application for approval of the final development plan and for approval of the required exhibits as specified in this division.

Planned unit development or PUD: An area of land developed as a single entity, or in approved stages or phases by a developer or group of developers acting jointly, which is planned and approved in accordance with this article. A planned unit development approved under any division of this article is sometimes generally referred to as a PUD.

Preliminary development plan: The development plan approved by the city commission and filed with approval of the city for a planned unit development zone.

Preliminary development plan application: The application for approval of the use of a site as a planned unit development and for approval of the required exhibits as specified in this division.

Residential clustering: The grouping of residential structures on a portion of the available land, reserving a significant amount of the site as protected open space.

Site: The actual physical area to be developed as a planned unit development, including the natural and created characteristics of the area.

Stage or phase: A specified portion of the planned unit development that may be developed as an independent entity. It must be delineated in the preliminary development plan, defined in the final development plan, and specified within the development schedule.

Village center: That portion of the properties within the urban village future land use classification which allow retail and commercial uses. Residential uses may also be located in the village center.

Zero lot line: A residential development of single-family detached dwelling units in which each dwelling unit abuts one side lot line with no two dwelling units abutting a common side lot line, and the maximum height of units in the development is 30 feet.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

(a)

For residential and urban village planned unit development rezonings, a preliminary development plan along with a zoning application shall be submitted to the city by the developer requesting approval of the site as a PUD. The preliminary plan and application shall contain the name of the developer and the architect, surveyor and engineer who prepared the development plan.

(b)

The following generally shall be included on the preliminary development plan with the zoning application:

(1)

Proposed name or title of the project; the name of the surveyor, engineer, architect, and developer.

(2)

North arrow, scale of one inch equals 200 feet or larger, date and legal description of the site.

(3)

Boundaries of the site shown with bearings, distances, closures and bulkhead lines. All existing easements, section lines and property lines, all existing streets, rights-of-ways, natural waterbodies, karst features, wetlands and physical features in and adjoining the project, and the existing zoning.

(4)

Names and locations of adjoining developments and subdivisions.

(5)

Any proposed parks, school sites, and other public and private open space.

(6)

Vehicular and pedestrian circulation systems.

(7)

Site data including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the types of uses, the proposed total number of dwelling units, the proposed lot size(s) and minimum house size(s), the proposed square footage of nonresidential uses, and the proposed building setbacks and building elevation renderings.

(8)

Proposed setbacks and buffering between uses within the PUD; and proposed setbacks and buffering at the perimeter of the PUD.

(9)

Proposed common open space, including proposed improvements and proposed common open space structures and the tabulation of the percent of the total area of the project to be devoted to common open space. Areas proposed to qualify for common open space shall be specifically designated on the preliminary development plan.

(10)

Delineation of specific areas designated as a proposed stage or phase.

(11)

General statement indicating proposed means of drainage for the site to ensure conformity with natural drainage within the area or with the drainage plan established or to be established within the vicinity.

(12)

General location within the site of each residential and/or nonresidential use.

(13)

The proposed method of dedication and administration of proposed common open space.

(14)

Vicinity map.

(c)

Submittal requirements and procedures are as follows:

(1)

Prints required. The application shall include the required number of prints of the preliminary development plan and an electronic copy.

(2)

Certified survey. Two copies of a certified survey must also accompany the application.

(3)

Application review. The preliminary development plan shall be reviewed by the development review committee in accordance with chapter 98, article VI of the City of Winter Garden Code of Ordinances, and any other city division or department as deemed necessary by the city to determine the feasibility and suitability of the plan prior to the submission of the planned unit development zoning application to the planning and zoning board. The planning and zoning board shall then review the PUD and its associated preliminary development plan and recommend to the city commission the approval, approval subject to conditions and modifications, or disapproval of such application. Upon receiving the recommendation of the planning and zoning board, the city commission shall review the recommendation and the PUD and associated preliminary development plan application and either approve, approve subject to conditions and modifications, or disapprove the proposed PUD and associated preliminary development plan.

(4)

Approval criteria. In addition to the approval criteria set forth in section 118-828, the proposed PUD should address, to the extent deemed applicable by the city, the following:

a.

The degree of departure or conformity of the proposed PUD with surrounding areas in terms of character and density.

b.

Compatibility of uses and improvements within the PUD and the relationship with surrounding existing or proposed developments.

c.

Prevention of erosion and degrading or enhancement of the surrounding areas.

d.

Provision for recreation facilities, surface drainage, flood control and soil conservation as shown in the preliminary development plan.

e.

The nature, intent and compatibility of any common open space, including the proposed method for the maintenance and conservation of the common open space.

f.

The feasibility and compatibility of the specified stage(s) or phase(s) contained in the preliminary development plan to exist as an independent development.

g.

The availability of existing or planned reclaimed water service to support the proposed PUD.

h.

The benefits within the proposed PUD development and to the general public to justify the requested departure from standard land use requirements inherent in a PUD classification.

i.

The conformity and compatibility of the proposed common open space, residential and/or nonresidential uses within the proposed PUD.

j.

Architectural characteristics of proposed residential and/or nonresidential development.

k.

A listing of the specific types of nonresidential uses to be allowed.

(5)

Recordation of PUD. If the proposed PUD and its associated preliminary development plan application is approved by the city commission, a copy of the approved PUD and preliminary development plan shall be signed by the mayor and attested by the city clerk, and a certified copy or original of such shall be filed with the city clerk as a permanent record.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

(a)

Procedures for preliminary plat submission will comply with chapter 110 pertaining to subdivisions.

(b)

Additional information on the preliminary plat should include the following for the residential or urban village planned unit development or the portion thereof which is the subject of the preliminary plat:

(1)

Any proposed residential use other than single-family.

(2)

The proposed location of the residential use and/or nonresidential use.

(3)

Acreage in each of the residential and/or nonresidential use areas.

(4)

Proposed setbacks and buffering between uses within the PUD; and proposed setbacks and buffering at the perimeter of the PUD.

(5)

Phasing or development schedule.

(6)

Number of units, both total and by type, and total square footage of any nonresidential uses and by type.

(7)

The proposed method of maintenance of the storm drainage system.

(c)

A topographical map shall be submitted with the preliminary development plan. The topographical map shall be drawn at a scale of not less than 100 feet to one inch by a registered professional engineer or registered land surveyor showing the following:

(1)

The location of existing property lines, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, city limit lines and all public utility easements and rights-of-ways.

(2)

Wooded areas, marshes, wetlands, karst features and any other physical conditions affecting the site.

(d)

Engineering drawings and specifications of the following proposed utility system improvements must be presented to the city engineer no less than 30 days prior to the intended commencement of construction of such improvements. Construction of such improvements shall not commence until the city engineer approves the drawings and specifications submitted. Engineering drawings must include the following:

(1)

Potable water.

(2)

Sanitary sewer.

(3)

Storm sewer.

(4)

Reclaimed water.

(5)

Sidewalks and bicycle paths.

(6)

Streets.

(7)

Lot grading plan.

(8)

Drainage.

(9)

Lighting.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

(a)

Time limits for submission. Unless otherwise specified by the planned unit development zoning ordinance or extended under section 118-829, the developer shall have three years from the adoption date of the PUD zoning ordinance in which to:

(1)

File and obtain approval of a final plat of a residential or urban village planned unit development, or any portion thereof; or

(2)

File and obtain approval of a final development plan of a residential or urban village planned unit development, or a portion thereof and commence construction contemplated by such plan. Site clearing and tree removal activities do not constitute commencement of construction for the purposes of this subsection.

Residential planned unit developments adopted prior to September 30, 2009 are hereby granted an extension to allow three years from September 30, 2009 in order to satisfy the conditions under subsection (1) or (2) above.

(b)

Site plan. A site plan must be presented in accordance with division 2 of article II of this chapter.

(c)

Plat. A plat must be presented which complies with chapter 110.

(d)

Additional exhibits. Additional exhibits required for the final development plan may include the following:

(1)

Development schedule. The development schedule shall contain the following information for the urban village planned unitdevelopment or the portion thereof which is the subject of the final development plan:

a.

The order of construction of the proposed stages or phases delineated in the development plan.

b.

The proposed date for the beginning of construction on the stages or phases.

c.

The proposed date for the completion of the stages or phases.

d.

The proposed schedule for the construction and improvement of common open space within the stages or phases, including any complementary buildings.

(2)

Deed restriction. Deed restriction proposals to preserve the character and purpose of the common open space. The deed restrictions shall include, among other provisions a prohibition against partition by any residential property owner.

(3)

Association or nonprofit corporation. If the developer elects this method of administering common open space, the proposed bylaws of the association, articles of incorporation and other controlling documents shall be submitted for approval by the city attorney.

(4)

Instruments. Instruments dedicating all rights-of-way, easements and other public lands shown on the final development plan from all persons and entities having any interest in the land and instruments indicating that all necessary off-site easements or dedications have been acquired. In lieu of originals, certified copies of the relevant documents will be accepted if the recording information from the public records of the county is included thereon.

(5)

Bill of sale. A bill of sale, conveying to the city water and sewer utility lines, mains, lift stations, and other improvements required to be installed by this Code.

(6)

Title opinion. A title opinion from an attorney showing the status of the title to the site encompassed by the final development plan and all liens, taxes, encumbrances, easements, agreements, and other documents affecting title.

(7)

Tax receipts. Paid receipts from the city and county indicating taxes and required fees have been paid in full up to and including the current period.

(e)

Procedure.

(1)

A fee established by the city commission shall accompany the final development plan application for the purpose of administration.

(2)

The city engineer and the city planner shall recommend the approval, approval subject to conditions and modifications, or disapproval of the final development plan application based upon the conformity of the final development plan with the preliminary development plan, sufficiency and accurateness of the required exhibits, and the requirements and purposes of this division and ordinances and regulations of the city.

(3)

The planning and zoning board and the city commission shall review these recommendations at regular public meetings and shall approve, approve subject to conditions and modifications, or deny the final development plan application.

(f)

Recording of final development plan.

(1)

After approval of the city commission of the final development plan application, it shall be recorded in the public records of the county. No final development plan of a planned unit development, or any portion thereof, within the city shall be recorded unless it shall have the approval of the city commission inscribed thereon.

(2)

The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of or other use of a final development plan of a planned unit development or portion thereof that has not been given final approval by the city commission and recorded in the official records of the county is prohibited. The description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from such documents.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

The city shall have the right to evaluate the physical layout, architectural characteristics, and amenities of the planned unit development and to require changes or modifications designed to create compatibility and conformity in the variety of uses within the development to ensure, protect and promote the health, safety and general welfare of the property owners of the planned unit development and the residents of the city.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

No building permit shall be issued by the city until the final development plan has been approved and duly recorded as provided in this division.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

In addition to any other method of enforcement, the city shall have the power to enforce this division by a suit in equity.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)

(a)

The character area planned unit development (CAPUD) is hereby established as a zoning district within the city.

(b)

This division is intended to provide a mechanism to implement design and development standards of the east plant street character area as set forth in article XIV of this chapter. Only parcels or lots located within the east plant street character areas may be assigned the CAPUD zoning designation.

(c)

The approval criteria and procedures CAPUD rezoning are the same as set forth in division 1, and division 1 is hereby incorporated herein.

(Ord. No. 17-06, § 3(Exh. B), 6-22-17)

The permitted uses within the CAPUD shall be an aggregation of uses permitted by the previously existing zoning classifications of lands included within the development except as prohibited or restricted by the provisions of the east plant street character area and its overlay districts as set forth in article XIV or inconsistent with the comprehensive plan future land use designations of the lands. In aggregating permitted uses within a CAPUD, the mixture of uses may be limited by minimum and maximums of densities and intensities for each type of use. Any use not specifically set forth as a permitted use or special exception use in the CAPUD shall be prohibited. A CAPUD shall incorporate the requirements of article XIV except to the extent the city commission approves deviations to allow flexibility in the development. There are no minimum acreage requirements for CAPUD zoning.

(Ord. No. 17-06, § 3(Exh. B), 6-22-17)

(a)

The planned unit development is a concept which encourages and permits variation in residential developments by allowing deviation in lot size, bulk or type of dwellings, density, lot coverage, and open space from that required in any one residential land use classification under this chapter. The purpose of a planned unit development is to encourage the development of planned residential neighborhoods and communities that provide a wide range of residence types as well as commercial uses designed to serve the inhabitants of the planned unit development. It is recognized that only through ingenuity, imagination and flexibility can residential developments be produced which are in keeping with the intent of this division while departing from the strict application of conventional use and dimension requirements of other zoning districts and subdivision regulations.

(b)

The standards and procedures of the planned unit development are intended to promote flexibility of design and to permit planned diversification and integration of uses and structures, while at the same time retaining in the city commission the absolute authority to establish such limitations and regulations as it deems necessary to protect and promote the public health, safety and general welfare. In so doing, planned unit developments are to meet the purposes, objectives and requirements of this division.

(c)

This division is established to provide procedures and standards for planned unit developments within the city, in order that the following objectives may be attained:

(1)

Accumulation of large areas of usable open spaces for recreation and preservation of natural amenities.

(2)

Flexibility in design to take the greatest advantage of natural land, trees, historical, and other features.

(3)

Creation of a variety of housing types and compatible neighborhood arrangements that give the homebuyer greater choice in selecting types of environment and living units.

(4)

Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the city.

(5)

Efficient use of land which may result in the preservation of environmentally sensitive areas.

(6)

Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development.

(7)

Economical and efficient use of land, utilities and streets with resulting lower housing costs and development costs.

(Code 1988, § 24-45(a))

Editor's note— Ord. No. 12-24, § 2, adopted May 24, 2012, repealed § 118-857, which pertained to definitions and derived from § 24-45(b) of the 1988 Code. See section 118-833 for similar provisions.

Cross reference— Definitions generally, § 1-2.

Uses permitted in the planned unit development (PUD) may include and shall be limited to the following:

(1)

Primary residential uses. Primary residential uses permitted are single-family detached and multifamily residential dwelling units, including apartments, in semidetached, attached, and multistoried structures. The term "residential planned unit development" as used in this article shall mean a planned unit development with primary residential uses and in addition may contain nonresidential uses as provided in subsection (2).

(2)

Nonresidential uses with primary residential uses. Nonresidential uses in conjunction with primary residential uses are permitted as follows:

a.

Secondary nonresidential uses. Nonresidential uses of religious, public or semipublic, cultural, recreational or commercial character and personal service centers, offices and professional centers providing services to residents of the planned unit development. The nonresidential uses shall be compatible with and secondary to the primary residential use. No building devoted primarily to a commercial use shall be built or established prior to the primary residential buildings or uses it is designed or intended to serve.

b.

Hotels and motels. Hotels and motels may be permitted upon consideration of the following criteria:

1.

The total acreage used for the hotel and motel, including necessary parking, support buildings and grounds and appurtenances, shall not be considered common open space and shall be included within the maximum five percent of the total acreage permitted under this division for commercial uses.

2.

The proposed streets and traffic flow and the streets, thoroughfares and traffic plan in the area adjacent to the site plan shall be adequate to support the anticipated traffic to be generated by the proposed hotel and motel.

3.

The proposed hotel and motel use shall be compatible with the proposed primary residential uses, secondary nonresidential uses, and common open space within the planned unit development.

4.

The proposed hotel and motel use shall be compatible with the existing land use classifications in the surrounding vicinity.

5.

The area of the hotel and motel use shall be calculated as part of the total commercial acreage permitted, and the density shall not exceed 40 rooms per gross acre as per specific area delineated on the development plan.

c.

Communication towers. Communication towers may be permitted upon consideration of the requirements set forth in article II of chapter 70.

(3)

Primary institutional uses. Primary public, quasi-public, and institutional uses including government buildings, public works facilities, public safety facilities, utility facilities, libraries, public parks, recreational uses and facilities, sports fields and facilities, community gardens, urban farms and public or private schools.

(4)

Secondary uses with primary institutional uses. Residential and commercial uses in conjunction with primary institutional uses are permitted as follows:

a.

Commercial uses. No more than 25 percent of the land area within a planned unit development shall be devoted to commercial uses. The commercial uses shall be compatible with the surrounding area.

b.

Residential uses. Residential uses within PUD with primary institutional uses shall meet the same development standards as required for residential uses and dwelling units in residential planned unit developments. Residential uses such as school dormitories may be permitted if they are directly related to the primary institutional use.

c.

Communication towers. A communication tower may be permitted within a planned unit development upon consideration of the requirements set forth in article II of chapter 70.

(5)

Prohibited uses. The following uses shall prohibited within a planned unit development under this division:

a.

Manufacturing;

b.

Industrial uses;

c.

Warehouses;

d.

Gasoline stations;

e.

Automobile, motorcycle, recreational vehicle or boat sales, rental, storage, painting, service or repair or any combination thereof;

f.

Tattoo or body art establishments;

g.

Billboards;

h.

Adult entertainment;

i.

Adult or pornographic book, magazine, video and novelty stores;

j.

Nightclubs;

k.

Recreational vehicle and mobile home parks;

l.

Funeral homes;

m.

Crematorium;

n.

Pawn shop; and

o.

Any use not specifically set forth as a permitted use or special exception use in the applicable planned unit development.

(Code 1988, § 24-45(c); Ord. No. 97-31, § 6, 9-11-97; Ord. No. 16-25, § 2, 3-24-16; Ord. No. 17-21, § 10, 8-24-17)

The title of all land within a proposed site for a planned unit development shall be owned in fee simple or controlled by the developer submitting the applications provided for under this division. The term "controlled by" shall mean that the developer shall have the written consent of all owners of property within the proposed site not wholly owned by the developer. The consent shall contain a statement that the developer is authorized to represent the owners in the submission of an application under this division and that the owners shall agree to be bound by the decision of the city commission if the application is approved.

(Code 1988, § 24-45(d); Ord. No. 16-25, § 2, 3-24-16)

(a)

All common open space in a residential planned unit development shall be preserved for its intended purpose as expressed in the final development plan. The developer shall choose one of the following methods of administering common open space:

(1)

Public dedication to the city of the common open space. This method is subject to formal acceptance by the city and in its sole discretion.

(2)

Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space.

(b)

All privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through its inclusion in all deeds with appropriate restrictions to ensure that the common open space is permanently preserved. The deed restrictions shall run with the land and shall be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

(c)

All common open space and recreational facilities shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(d)

If the developer elects to administer common open space through an association or nonprofit corporation, the organization shall conform to the following requirements:

(1)

The developer must establish the association or nonprofit corporation prior to the sale of any lots.

(2)

Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development, and the association or corporation shall not discriminate in its members or shareholders.

(3)

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of the land and any other land within the planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land.

(4)

If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space.

(5)

Association documents shall be reviewed and approved by the city.

(Code 1988, § 24-45(e))

(a)

There are no minimum acreage requirements for the PUD zoning.

(b)

With commercial uses, there shall be at least 200 dwelling units of primary residential use or a primary institutional use as provided in subsection 118-858(3) in the planned unit development.

(Code 1988, § 24-45(f)(1); Ord. No. 99-29, § I, 4-22-99; Ord. No. 16-25, § 2, 3-24-16)

The average density permitted in each planned unit development shall be established by the city commission upon recommendation of the planning and zoning board. The criteria for establishing an average density shall include existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of the adopted future land use plan involving the area in question. In no case shall the maximum density permitted exceed ten dwelling units per gross acre unless approved by the city commission as a medium/high density multifamily complex that provides a high degree of amenities such as gated entranceways, pools, passive and active recreational areas for both adults and for children, fitness centers, indoor basketball and/or racquetball courts, covered parking, and has heavily landscaped grounds with semi-mature canopy trees.

(Code 1988, § 24-45(f)(2); Ord. No. 99-29, § I, 4-22-99; Ord. No. 03-57, § 1, 1-8-04; Ord. No. 16-25, § 2, 3-24-16)

(a)

For a residential planned unit development, the minimum common recreation and open space shall be 20 percent of gross site acreage. The term "common recreation and open space" shall be defined as the total amount of improved usable area, including outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the PUD. Such usable space may be in the form of active or passive recreation areas, including but not limited to playgrounds, golf course, water frontage, nature trails, lakes, and wetland areas.

(b)

Common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the PUD. Drainage ditches, if allowed by the city commission, parking areas, road rights-of-way and minimum yards and spacings between dwelling units may not be included in determining usable open space. Water areas including wet bottom retention areas which are aesthetically and functionally designed for active or passive recreational use, wetland areas, and dry retention areas may be considered to partially fulfill open space requirements. In no case, however, shall there be less than five percent of the total developable land area set aside for active, dry-land recreational use.

(Code 1988, § 24-45(f)(3))

(a)

No minimum lot size shall be required within a residential planned unit development district.

(b)

Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via a private road or other area dedicated to public or private use guaranteeing access. Permitted uses are not required to front on a publicly dedicated road. The city shall be allowed access on privately owned roads, easements and common open space.

(c)

The minimum distance between structures and side yards shall be as follows:

(1)

For single-family platted lots, side yard requirements shall be as follows:

a.

For lot width less than 70 feet: five feet.

b.

For lot width 70 feet to 84 feet: 7½ feet.

c.

For lot width greater than 84 feet: ten feet.

d.

For zero lot line single-family detached development: ten feet.

(2)

For townhouses, unplatted residential development, commercial development, and all development other than single-family platted lots, the distance between structures shall be as follows:

a.

Between structures of 20 feet in height or less: 15 feet.

b.

Between structures of 20 and 30 feet in height: 20 feet.

c.

Between structures of 30 feet and 40 feet in height: 25 feet.

d.

Between structures over 40 feet in height: 40 feet, plus five feet for each additional ten feet of height or fraction thereof over 40 feet.

e.

Between structures of varying heights, the larger distance separation shall be required.

(d)

A minimum 25-foot yard shall be maintained between the walls of all single family structures and the perimeter of the PUD. A minimum 25-foot yard shall be maintained between the walls or edges of all accessory structures such as screen rooms and any PUD perimeter that is adjacent to a public right-of-way.

(e)

Maximum height for single-family residential structures shall be 35 feet and maximum height for all other residential and nonresidential structures shall be 50 feet unless approved by special exception by the city commission in addition to a finding by the city commission that height in excess of 50 feet will be compatible with adjacent uses and will substantially further the health, safety or general welfare of the citizens of the city.

(f)

Accessory buildings or structures may only be placed in the rear yard according to the requirements of this chapter.

(g)

Building setbacks from water areas and lakes shall be 30 feet from the mean high water line.

(Code 1988, § 24-45(f)(4); Ord. No. 16-25, § 2, 3-24-16)

The maximum length of a structure in a residential planned unit development is 200 feet. Units constructed under the zero lot line concept with common walls shall be considered as one structure and shall not exceed 200 feet. There is no maximum length for structures in a PUD that has primary institutional uses.

(Code 1988, § 24-45(f)(5); Ord. No. 16-25, § 2, 3-24-16)

The maximum commercial area permitted within a residential planned unit development shall be five percent of the total gross acreage of the site. If the PUD contains more than 500 dwelling units, the maximum commercial area may be increased to seven percent of the total gross acreage. The maximum commercial area for a PUD with primary institutional uses shall be as provided in subsection 118-858(4)a. The commercial areas within a PUD shall be situated and buffered so as not to provide any detrimental effect on residential uses.

(Code 1988, § 24-45(f)(6); Ord. No. 16-25, § 2, 3-24-16)

In a residential planned unit development, the minimum floor area per unit shall be as follows:

(1)

Single family dwellings, 1,000 square feet.

(2)

Multifamily dwellings including townhouses:

a.

Efficiency, 450 square feet.

b.

One bedroom, 550 square feet.

c.

Two bedrooms, 650 square feet.

d.

Three bedrooms, 800 square feet.

(3)

Hotels and motel units, where permitted, 300 square feet.

(4)

Dormitories, where permitted, 250 square feet.

(Code 1988, § 24-45(f)(7); Ord. No. 16-24, § 2, 3-24-16)

All uses in a planned unit development shall meet the city's parking and landscaping requirements.

(Code 1988, § 24-45(f)(8); Ord. No. 16-24, § 2, 3-24-16)

Within the planned unit development, all utilities including telephone, television cable and electrical systems shall be installed underground unless physical and technical conditions require aboveground installation. Primary facilities providing service to the site of the PUD and city-owned properties with a PUD may be exempted from this section by determination of the city commission. Large transformers shall be placed on the ground, and such transformers and all utilities not installed underground shall be contained within landscaped enclosures or vaults. Any required substations shall be screened by walls resembling a structure which is compatible with the design of the PUD.

(Code 1988, § 24-45(f)(9); Ord. No. 16-24, § 2, 3-24-16)

For a planned unit development, the minimum construction requirements for streets or roads, sidewalks, sewer and water facilities, drainage and all utilities shall be in compliance with the requirements of chapter 78, chapter 110 and the manual in appendix A to this Code.

(Code 1988, § 24-45(f)(10); Ord. No. 16-24, § 2, 3-24-16)

Industrial PUD's (hereby known as planned industrial districts or PID's) and commercial PUD's (hereby known as planned commercial districts or PCD's) are to be used when flexibility is needed to provide proper growth. As with residential PUD's, PID's and PCD's require a rezoning with a Parcel Specific PUD Ordinance as identified in section 118-827. This Parcel Specific PUD Ordinance must comply with the approval criteria as identified in section 118-828.

(Ord. No. 99-29, § I, 4-22-99)

Before submitting an application for an industrial and commercial planned unit development, an applicant at his option may confer with the city manager to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.

(Code 1988, § 24-53(1))

(a)

An applicant seeking approval of an industrial and commercial planned unit development shall submit a preliminary development plan. The planning and zoning board, at the request of the developer, may approve the preliminary development plan in stages.

(b)

The preliminary development plan shall include all of the following appropriate and applicable information:

(1)

A map showing street systems, plot lines and plot design.

(2)

Area proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, golf courses, school sites, public buildings, waterways, lagoons, ponds, natural preserves and similar public and semipublic uses.

(3)

A plot plan for each building site and common open area, showing the approximate location of all buildings, structures, and improvements and indicating the open space around buildings and structures.

(4)

Elevation and perspective drawing of all proposed structures and improvements, except single-family residences, and their accessory buildings. The preliminary drawing need not be the result of the final architectural decisions and need not be in detail.

(5)

A development schedule indicating:

a.

The approximate date when construction of the project can be expected to begin;

b.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

c.

The anticipated rate of development;

d.

The approximate date when the development of each of the stages in the development will be completed; and

e.

The area and location of common open space that will be provided at each stage.

(6)

Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of planned unit development and any of its common open areas.

(7)

The following plan and diagrams, insofar as the planning and zoning board finds that the planned unit development creates special problems of traffic, parking, landscaping or economic feasibility:

a.

An off-street parking and service access plan.

b.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the planned unit development to and from existing thoroughfares, also any special engineering features and traffic-regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown.

c.

A landscaping and tree planting plan.

d.

Diagram of water distributions and other utilities.

(Code 1988, § 24-53(2))

(a)

Within 60 days after the filing of the preliminary development plan for an industrial and commercial planned unit development, the planning and zoning board shall approve, approve with modifications, or disapprove the preliminary development plan.

(b)

Before the planning and zoning board approves or disapproves the preliminary development plan, it shall give notice as provided by law and hold a public hearing. The hearing shall be held no more than 30 days after the receipt of the preliminary development plan by the planning and zoning board. The plan must be made publicly available at least 15 days before the public hearing.

(Code 1988, § 24-53(3))

Unless otherwise specified by the PUD zoning ordinance, the developer shall have three years from the adoption date of the PUD zoning ordinance in which to:

(i)

File and obtain approval of a final plat of a commercial or industrial planned unit development, or any portion thereof; or

(ii)

File and obtain approval of a final development plan of a commercial or industrial planned unit development, or a portion thereof and commence construction contemplated by such plan. Site clearing and tree removal activities do not constitute commencement of construction for the purposes of this subsection.

Commercial and industrial planned unit developments adopted prior to September 30, 2009 are hereby granted an extension to allow three years from September 30, 2009 in order to satisfy the conditions under subsection i. or ii. above.

(Code 1988, § 24-53(4); Ord. No. 09-19, § 6, 10-8-09)

If no construction has begun or no use established in the industrial and commercial planned unit development within one year from the approval of the final development plan, the final development plan shall lapse and be of no further effect. If a final development plan lapses under this division, the city clerk shall file a notice of revocation with the recorded final development plan.

(Code 1988, § 24-53(5))

The building inspector shall issue building permits for buildings and structures in the area covered by the approved final development plan for the industrial and commercial planned unit development if they are in conformity with the approved final development and all other applicable ordinances and regulations. He shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of approved final development plan and all other applicable ordinances and regulations.

(Code 1988, § 24-53(6))

No major changes shall be made in the final plan for the industrial and commercial planned unit development without the approval of the planning and zoning board.

(Code 1988, § 24-53(7))

An industrial and commercial planned unit development may be subdivided or resubdivided for the purpose of sale or lease after the certificate of completion has been issued and the subdivision or resubdivision has been approved by the planning and zoning board.

(Code 1988, § 24-53(8))

Planned shopping centers shall be permitted only if they have at least 300 feet of frontage.

(Code 1988, § 24-54(a))

In a planned unit shopping center development, no building, structure, land or water shall be used, in whole or in part, except for one or more of the following uses:

(1)

Banks and trust companies, and other financial institutions.

(2)

Professional and business offices.

(3)

Bakeries, the products of which are sold at retail on the premises.

(4)

Laundromat, laundry and dry cleaning pickup stations.

(5)

Service and repair shops, including but not limited to beauty salons, barbershops, shoe repairing, hat cleaning, radio and television repair, watch and clock repair.

(6)

Restaurants, tearooms, cafeterias, delicatessens and other eating and drinking establishments.

(7)

Studios, photography, art, music and dancing.

(8)

Florist, interior decorating, antique shops.

(9)

Retail stores, including but not limited to book, confectionery, department, drug and sundries, food and grocery, furniture, hardware, paint, haberdashery, costume jewelry, leather goods, millinery, modiste, notions, phonograph and phonograph records and supplies, package liquors, sporting goods, radio and television, office supplies and stationery, shoe, toy, tailor, variety, art goods and artist's supplies, business machines, music stores.

(10)

Indoor theaters, indoor amusement enterprises, including but not limited to bowling alleys, pool and billiards.

(11)

Any other retail store or service establishment that in the judgment of the planning and zoning board is consistent with those included in this section and that will not detract from the character of the shopping center and that, further, is in harmony with the spirit of this chapter and the comprehensive plan.

(Code 1988, § 24-54(b)(1))

In a planned unit shopping center development, the following accessory uses may be used in conjunction with one or more of the principal uses:

(1)

Enclosed storage spaces.

(2)

Drive-in service windows and similar facilities.

(Code 1988, § 24-54(b)(2))

In a planned unit shopping center development, the following uses are specifically prohibited:

(1)

Residential dwellings.

(2)

Commercial nurseries.

(3)

Churches, cemeteries and public uses of an industrial nature.

(4)

Trailer camps, courts or parks.

(5)

Wholesale establishments, except offices.

(6)

Mortuaries or funeral homes.

(7)

Storage yards or any outside storage of goods, or any facility specifically designed or used for storage purposes, except as an accessory use subject to divisions 2 and 3 of this article, article IV and division 2 of article VI of this chapter.

(8)

New and used automobile, trailer or farm equipment sales and service facilities.

(9)

Drive-in services, including restaurants, dairy bars, laundries, etc., parked on or adjacent to streets, highways or roads.

(10)

Sales from stands, wagons, trucks, etc., on vacant property or parked on or adjacent to streets, highways or roads.

(11)

Shops, including carpenter, sheet metal, paint, sign painting, silver plating, soldering, upholstery, umbrella, bicycle or motorcycle rental or repair, exterminating, secondhand or rummage, feed, tire recapping, live bait, taxidermy, woodworking.

(12)

Storage garages.

(Code 1988, § 24-54(c))

In a planned unit shopping center development district, the uses permitted as special exceptions are as follows:

(1)

Gasoline stations and auto tuneup.

(2)

Communication towers and communication antennas.

(Code 1988, § 24-54(d); Ord. No. 97-31, § 10, 9-11-97)

The following shall apply to any building erected or any use of land within the planned unit shopping center development district:

(1)

Minimum property size. A planned shopping center shall be constructed on a tract of land of not less than two acres.

(2)

Maximum building height. No building or structure shall exceed four stories or 45 feet in height.

(3)

Minimum yard setback. The development plan of a planned shopping center shall provide safeguards for all property surrounding the tract whereon the shopping center is to be located.

(Code 1988, § 24-54(e))

The minimum off-street parking and loading requirements for the planned unit shopping center development district shall be as provided in article VIII of this chapter.

(Code 1988, § 24-54(e)(4))

The intent of the industrial planned unit development is to permit flexibility in the design and arrangement of industrial buildings and their vehicular access and circulation patterns. The proposed industrial planned unit development must be designed to produce a stable and desirable character in harmony with the surrounding development.

(Code 1988, § 24-55)

Permitted uses in the industrial planned unit development are the same as for the I-1 industrial district.

(Code 1988, § 24-55(1))

Permitted accessory uses and structures in the industrial planned unit development are the same as for the I-1 industrial district.

(Code 1988, § 24-55(2))

Special regulations for the industrial planned unit development are the same as for the I-1 industrial district.

(Code 1988, § 24-55(3))

In the industrial planned unit development, the uses and structures prohibited are the same as for the I-1 industrial district.

(Code 1988, § 24-55(4))

Dimension and area regulations for industrial planned unit developments are as follows:

(1)

Area. Industrial planned unit developments shall contain at least five acres of land.

(2)

Street frontage. The minimum frontage for an industrial planned unit development on a single public street shall be 1,000 continuous feet.

(3)

Access points. All industrial planned unit development access points on a public street shall be located at least 600 feet apart and at least 600 feet from the intersection of any street right-of-way lines. The planning and zoning board may require wider spacing between access points and intersecting street right-of-way lines when the planned unit development has more than the minimum required frontage on a public street. All access points shall be specifically approved by the planning and zoning board.

(4)

Setbacks. All buildings shall be located at least 75 feet from all property lines and at least 75 feet from the right-of-way line of any street serving the industrial planned unit development. The planning and zoning board may reduce the required building setbacks where such buildings would be adjacent to railroad sidings if such reductions would not be detrimental to surrounding areas.

(5)

Height. No building shall exceed 50 feet in height.

(Code 1988, § 24-55(5))

The minimum off-street parking and loading requirements for the industrial planned unit development shall be as provided in article VIII of this chapter.

(Code 1988, § 24-55(6))

(a)

This division is intended to implement the policies of the comprehensive plan concerning the urban village future land use classification.

(b)

Development within the urban village future land use classification shall be designed based on an urban development pattern which encourages the formation of a suburban village. Through the urban village planned unit development process, which may involve the approval of multiple UVPUDs, all development within the urban village future land use classification shall follow the general design principles of:

(1)

Creating a series of walkable residential neighborhoods;

(2)

Developing an integrated park and trail system to facilitate pedestrian travel and recreation;

(3)

Developing a comprehensive network of roads and traffic calming solutions to complement and support the existing Marsh Road infrastructure;

(4)

Establishing connectivity to natural systems while preserving wetlands and other natural resources and protecting water quality and quantity;

(5)

Creating a mixed-use character through the integration of a diversity of uses; and

(6)

Creating a focus center within the urban village.

(c)

The urban village planned unit development shall provide a compact integrated development pattern with a park or central feature located within a one-fourth-mile walking distance of the majority of residences in each neighborhood.

(d)

To ensure adequate housing diversity, urban village planned unit development should generally contain a variety of housing types which may include both attached and detached housing product with ownership and rental opportunities, as well as live/work housing.

(e)

The street network shall be designed to create a hierarchy of interconnected streets and traffic calming solutions to allow travel through and between neighborhoods and beyond the urban village planned unit development. Roadway cross sections shall be designed to accommodate multiple modes of transportation.

(f)

Emphasis shall be placed on pedestrian and bike paths and shall be incorporated in street cross sections and open spaces.

(g)

The standards and procedures of the urban village planned unit development are intended to promote flexibility of design and to permit planned diversification and integration of uses and structures, while retaining in the city commission the absolute authority to establish such limitations and regulations as it deems necessary to protect and promote the public health, safety and general welfare.

(h)

Consistent with the goal of ensuring the entirety of lands designated with the urban village future land use designation developing in such a way as to meet the goals and policies of the comprehensive plan, the city commission shall have the flexibility in deciding whether to require a mixture of residential and nonresidential uses and a variety of housing types and lot sizes within individual urban village planned unit developments based on anticipated development patterns.

(Ord. No. 12-24, § 3, 5-24-12)

(a)

The urban village planned unit development shall be located in the urban village future land use designation as defined in the city's comprehensive plan.

(b)

All development proposals within an urban village planned unit development shall, as determined by the city commission, be consistent with the requirements and/or guidelines of the Sixth Amendment to the Restated Interlocal Agreement for Joint Planning Area between Orange County and the City of Winter Garden (Dated January 24, 2007) as approved by the city commission, as such may be amended from time to time.

(c)

All development within the urban village planned unit development shall comply with the Wekiva Parkway and Protection Act, and shall meet or exceed the standards of the resource protection overlay as established by the city's comprehensive plan. In the event of a conflict or conflicts between the urban village planned unit development zoning district and the resource protection overlay, the resource protection overlay shall control to the extent such conflict exists.

(d)

Maximum density in the urban village planned unit development for any neighborhood shall be four dwelling units per gross acre except in the village center where the density may be up to 12 dwelling units per gross acre. However, certain neighborhoods may use residential clustering while maintaining the overall maximum density for the neighborhood. Maximum intensity for nonresidential development is 0.3 floor area ratio.

(e)

Stormwater facilities within the urban village residential planned unit development shall generally be designed as amenities and low impact design (LID) techniques will be used where practical.

(f)

New development shall connect to city utilities, potable water, sanitary sewer, and reclaimed water when available.

(g)

Residential and nonresidential uses are allowed in the village center and may occupy the same building where nonresidential occupies the first floor with residential on the upper floors.

(h)

Accessory dwelling units, not to exceed 850 square feet, above garages shall be allowed for a maximum of 50 percent of the residential units in the urban village planned unit development.

(Ord. No. 12-24, § 3, 5-24-12; Ord. No. 12-69, § 1, 12-19-12)

Uses permitted in the urban village residential planned unit development may include and shall be limited to the following:

(1)

Primary residential uses. Primary residential uses permitted are single-family detached and multifamily residential dwelling units, including apartments, in semidetached, attached, and multistoried structures.

(2)

Nonresidential uses. Nonresidential uses include religious, public or semipublic uses, cultural, recreational, retail, schools, personal service, offices and professional centers providing services to residents of the urban village planned unit development and to residents of surrounding properties. The nonresidential uses shall be compatible with the primary residential use. No building devoted primarily to a commercial use shall be built or established prior to the primary residential buildings or uses it is designed or intended to serve. These uses shall be located in the village center and shall be accessible from all primary residential use areas.

(Ord. No. 12-24, § 3, 5-24-12)

For an urban village planned unit development, unified ownership or control is not required. An urban village planned unit development can be made up of numerous property owners. However, parcels that do not contain nonresidential uses must have direct pedestrian and vehicular access to the village center and other commercial and institutional areas.

(Ord. No. 12-24, § 3, 5-24-12)

(a)

All common open spaces in urban village planned unit developments shall be preserved for their intended purpose as expressed in the final development plan. The developer shall choose one of the following methods of administering common open space:

(1)

Public dedication to the city of the common open space. This method is subject to formal acceptance by the city and in its sole discretion.

(2)

Establishment of an association or nonprofit corporation or entity which must include all individuals, corporations and entities owning property within the urban village planned unit development to ensure the maintenance of all common open space.

(b)

All privately owned common open space shall continue to conform to its intended purpose and remain as expressed in the final development plan through its inclusion in all deeds with appropriate restrictions to ensure that the common open space is permanently preserved. The deed restrictions shall run with the land and shall be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

(c)

All common open space and recreational facilities shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(d)

If the developer elects to administer common open space through an association or nonprofit corporation or other entity, the organization shall conform to the following requirements:

(1)

The developer must establish the association or nonprofit corporation prior to the sale or transfer of any lots.

(2)

Membership in the association or nonprofit corporation or other entity shall be mandatory for all property owners within the urban village planned unit development.

(3)

The association or nonprofit corporation or other entity shall manage all common open space and recreational and cultural facilities that are not dedicated to the city or public; shall provide for the maintenance, administration and operation of the land and improvements and any other land and improvements within the urban village planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land and improvements, and provide adequate reserves for operation, maintenance and replacement of improvements.

(4)

If the developer elects an association or nonprofit corporation or other entity as a method of administering common open space, the title to all property owners in the planned unit development shall include undivided rights and obligations in all common open space.

(5)

Association documents shall be reviewed and approved by the city.

(Ord. No. 12-24, § 3, 5-24-12)

There are no minimum acreage requirements for the urban village planned unit development zoning.

(Ord. No. 12-24, § 3, 5-24-12)

The average density permitted in each planned unit development shall be established by the city commission upon recommendation of the planning and zoning board. Maximum density in the urban village planned unit development shall be four dwelling units per gross acre except in the village center where the density may be up to 12 dwelling units per acre. Maximum intensity for non residential development is 0.3 floor area ratio.

(Ord. No. 12-24, § 3, 5-24-12)

(a)

For the urban village planned unit development, all new development and redevelopment shall be subject to the Resource Protection Overlay and Wekiva Study Area Open Space standards and requirements as follows:

(1)

Minimum open space shall be 25 percent for both residential and nonresidential development, all open space shall consist of Wekiva Study Area Open Space. Wekiva Study Area Open space shall be preserved through the use of conservation easements, deed restriction, plats and/or dedication to the appropriate governmental agency, environmental association or homeowners association as required by the city. Open space shall be connected to the greatest extent possible on-site and to natural areas and open space within adjacent property or corridors.

(2)

Wekiva Study Area Open space shall be defined as land area within the Resource Protection Overlay that remains undisturbed or minimally disturbed such as trails and boardwalks, as part of a natural resource preserve or passive recreation area and shall include land preserved for conservation purposes. Wekiva Study Area Open Space may include dry retention, passive recreation, school playgrounds and buffers. Up to 50 percent of the Wekiva Study Area Open Space requirement may be met with dry stormwater retention areas. None of the 25 percent WSA Open Space may be chemically treated with pesticides or fertilizers; provided, however, a development that creates sensitive natural habitat may be allowed limited use of pesticides and fertilizers to establish sensitive natural habitat. Wekiva Study Area Open Space shall not include setback areas, private yards, street right-of-way, parking lots, impervious surfaces or active recreation areas.

(b)

Common recreation space shall be provided to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the PUD. Drainage ditches, if allowed by the city commission, parking areas, road rights-of-way and minimum yards and spacing between dwelling units may not be included in determining usable recreation space. Water areas including wet bottom retention, dry retention, and wetland areas which are aesthetically and functionally designed for active or passive recreational use may be considered to partially fulfill recreation requirements. In no case, however, shall there be less than five percent of the total developable land area set aside for active, dry-land recreational use.

(Ord. No. 12-24, § 3, 5-24-12)

(a)

A minimum lot size of 90 feet wide by 120 feet deep shall be required for lakefront lots within the urban village planned unit development district. No minimum lot size shall be required for non-lakefront lots; however residential areas within an urban village planned unit development must provide a mixture of lot sizes.

(b)

Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via a private road or other area dedicated to public or private use guaranteeing access. Permitted uses are not required to front on a publicly dedicated road. The city shall be allowed access on privately owned roads, easements and common open space.

(c)

The minimum distance between structures and side yards shall be as follows:

(1)

For single-family platted lots, minimum side yard requirements shall be as follows:

a.

For lot width less than 70 feet: Five feet.

b.

For lot width 70 feet to 84 feet: Seven and one-half feet.

c.

For lot width greater than 84 feet: Ten feet.

d.

For zero lot line single-family detached development: Ten feet.

e.

Along the side yard of each single-family platted lot containing a drainage easement, there shall be maintained a five-foot wide area unobstructed by equipment.

(2)

For townhouses, unplatted residential development, commercial development, and all development other than single-family platted lots, the distance between structures shall be as follows:

a.

Between structures of 20 feet in height or less: 15 feet.

b.

Between structures of 20 and 30 feet in height: 20 feet.

c.

Between structures of 30 feet and 40 feet in height: 25 feet.

d.

Between structures over 40 feet in height: 40 feet, plus five feet for each additional ten feet of height or fraction thereof over 40 feet.

e.

Between structures of varying heights, the larger distance separation shall be required.

(d)

A minimum 25-foot yard shall be required from the nearest part of any building wall to the edge of any public right-of-way or private street, and all structures shall have a minimum 20-foot rear yard. A minimum 25-foot yard shall be maintained between the walls of all structures and the perimeter of the UVPUD. Additional perimeter yard requirements for multistory buildings shall be figured at five additional feet for each ten feet of height over the first story.

(e)

Maximum height shall be 50 feet, not to exceed three stories, unless approved by special exception by the city commission in addition to a finding by the city commission that height in excess of 50 feet will be compatible with adjacent uses and will substantially further the health, safety or general welfare of the citizens of the city.

(f)

Accessory buildings or structures may only be placed in the rear yard according to the requirements of this chapter.

(g)

Building setbacks from water areas and lakes shall be 30 feet from the normal high water line.

(Ord. No. 12-24, § 3, 5-24-12)

The maximum length of a structure in the urban village planned unit development is 200 feet. Units constructed under the zero lot line concept with common walls shall be considered as one structure and shall not exceed 200 feet.

(Ord. No. 12-24, § 3, 5-24-12)

In an urban village planned unit development, the minimum floor area per unit shall be as follows:

(1)

Single family dwellings, 1,000 square feet.

(2)

Multifamily dwellings including townhouses:

a.

Efficiency, 450 square feet.

b.

One bedroom, 550 square feet.

c.

Two bedrooms, 650 square feet.

d.

Three bedrooms, 800 square feet.

(Ord. No. 12-24, § 3, 5-24-12)

All uses in the urban village planned unit development shall meet the city's parking and landscaping requirements.

(Ord. No. 12-24, § 3, 5-24-12)

Within the urban village planned unit development, all utilities including telephone, television cable and electrical systems shall be installed underground unless physical and technical conditions require aboveground installation. Primary facilities providing service to the site of the PUD may be exempted from this section. Large transformers shall be placed on the ground, and such transformers and all utilities not installed underground shall be contained within landscaped enclosures or vaults. Any required substations shall be screened by walls resembling a structure which is compatible with the design of the PUD.

(Ord. No. 12-24, § 3, 5-24-12)

For the urban village planned unit development, the minimum construction requirements for streets or roads, sidewalks, sewer and water facilities, drainage and all utilities shall be in compliance with the requirements of chapter 78, chapter 110 and the manual in appendix A to this Code.

(Ord. No. 12-24, § 3, 5-24-12)