(a)

Suitability of buildings. Any proposed nonresidential building shall be considered as to its suitability of design and type of construction in relation to the district and to the immediate neighborhood site, and if such design or construction is markedly incongruous with the character of such neighborhood as to be detrimental to the value of adjacent or nearby properties, then the building director shall deny the application for a building permit.

(b)

Grading of building site.

(1)

Every lot which is used for a building site shall be so graded that it will be dry and free from standing water and the grade around the walls of every new building at the point where the sill meets these walls shall not be less than 12 inches above the crown line established or to be established for the street on which such a building faces, unless the lot has drainage away from the street to the lake or canal or has other adequate means of drainage as may be checked and approved by the city engineer at the request of the city building and zoning official. If the street on which the lot faces has a slope between lot lines, an elevation half-way between the high and low points is to be used for determining the height of crown line.

(2)

No lot owner shall grade his lot in such a way as to interfere with the natural drainage of adjoining lots or divert the drainage of his lot onto adjoining lots nor to interfere with the natural drainage of any lot so that the drainage of such lot is diverted upon any public street or thoroughfare in such a manner or in such amounts as to flood such public street or thoroughfare.

(c)

Architectural towers, spires, chimneys, or other architectural appendages, etc.

(1)

Any architectural tower, spire, chimney, flag pole or other architectural appendage to a building shall conform to that districts height limit. However, when necessary to meet the building code requirements, chimneys may exceed the height by that minimum required distance.

(2)

If provided for within the respective nonresidential zoning district, architectural appendages, embellishments and other architectural features may be permitted to exceed the roof heights specified in that section, on a limited basis encompassing no more than 30 percent of the building roof length and area, up to eight feet of additional height upon approval of the city commission, based on a finding that said features are compatible with adjacent projects. For any such approval not part of a conditional use request, the planning and zoning board will review the plans at a public hearing after notification of such request is mailed to all owners of property within 500 feet. The planning and zoning board will make a recommendation to the city commission for their final decision.

(3)

See subsection 58-427(b)(7) for the regulations for alternative cell tower structures.

(4)

To ensure no air traffic hazards will be created, no structure, antenna, tower or appendage to a building may exceed the heights detailed in the Orlando/Orange County Airport zoning regulations text and map.

(d)

Mechanical penthouses, rooftop mechanical and air-conditioning equipment, stair tower enclosures, elevators and parapets. Mechanical penthouses, mechanical and air-conditioning equipment, stair tower enclosures, or elevators on rooftops of buildings shall not exceed a total height of ten feet above the allowable building height. Any penthouses shall only be used for mechanical equipment to serve the building. Parapets, or mansard roofs serving as parapets, may extend a maximum of five above the height limit in the zoning district unless other parapet heights are more restrictive for the respective zoning district. In addition, mechanical equipment and air-conditioning equipment on rooftops shall be screened from view from ground level on all buildings in all zoning districts, with material of a similar style to the building façade and shall be located to the maximum extent possible so that they are not visible from any street.

(e)

Parking of commercial vehicles.

(1)

The regular or constant parking of commercial vehicles or vehicles used primarily for commercial purposes, or vehicles having outside lettering larger than three square feet in area per side displaying information identifying a business, product or service, including trucks (with a rated capacity over one ton), semi-trailers, truck tractors or any combination thereof or any other truck or special mobile equipment or heavy equipment, building materials and other similar materials is not permitted within the office (O-1) and office (O-2) district. In all other nonresidential zoning districts, the parking of commercial vehicles and storage equipment and materials is only allowed where specifically permitted under the uses of that zoning district.

(2)

Exceptions. The provision of this section shall not apply to:

a.

Property where construction is underway, for which a current and valid building permit has been issued by the city, as to those vehicles and equipment actively engaged in such construction;

b.

Those vehicles and equipment being used to perform lawful work upon the premises where the vehicle is parked, including immediate pick up or delivery service;

c.

Any vehicle, with a capacity rating under 10,000 pounds that is parked entirely inside a garage and not visible from the street or from surrounding properties;

d.

Political signage on vehicles as otherwise permitted by the sign regulations.

(f)

Projections into setbacks.

(1)

Eaves, roof overhangs, open fire escapes, balconies, canopies, and awnings may project into the minimum yard or setback areas up to three and one-half feet, except as otherwise permitted in the CBD district. Chimneys and flues may project into the minimum yard or setback area up to three feet. Fabric canopies, awnings, etc., with ground supports are considered a structure and shall observe the setback requirements of the districts in which they are located. Bay windows may project two feet into the front, street-side yard and rear setbacks and are limited to a maximum width of eight feet. Second floor open porches, two-story high columns or similar features shall not project into the required front setback or street-side setback.

(2)

Mechanical equipment, which includes air-conditioning equipment, swimming pool equipment, generators, and similar type equipment, shall not be located in any front yard or side yard with street frontage unless totally shielded from view from the street by walls or vinyl fences otherwise complying with the zoning code. Mechanical equipment may be located up to ten feet from a rear lot line as long as they are adjacent to the accessory structure or principal structure. Mechanical equipment shall not be located in any required side yard or within ten feet from the rear lot line except that they may be permitted up to five feet from a side or rear property line if screened by a solid fence or wall that is a minimum equal in height of the equipment. Propane tanks shall not be located within five feet of any side or rear lot line. Any mechanical equipment placed on a roof must be screened from view from surrounding properties and from public streets with material of a similar style to the building façade.

(g)

Corner lot setbacks.

(1)

Front of lot. For corner lots, each side with street frontage shall be considered a street front for setback purposes. On such lots with two street frontages, the lot shall have two front setbacks and two side setbacks on the interior property lines. On lots with three street frontages, the lot shall have three front setbacks and one side setback on the interior property line.

(2)

Through-lots. In case of through-lots, front yards shall be provided on all street frontages.

(3)

Lots of unusual shape. For any lots of unusual shape, not forming part of a general rectangular lot pattern, the zoning official shall prescribe front, side and rear yard setbacks as applicable.

(h)

Swimming pools and screen enclosures. Swimming pools and pool decks constructed in nonresidential districts shall be constructed in accordance with the Florida Building Code. The location of pools, pool decks and screen enclosures shall be located within the buildable area of any lot. Swimming pools and pool decks constructed adjacent to residential buildings shall be screened from the adjacent property by a six-foot solid brick or masonry wall. The setback to a lake, canal or stream shall not be construed as a side or rear setback. Instead, on lakefront lots, swimming pools and pool decks must be set back a minimum of 50 feet from the ordinary high water elevations established in this article. On streamfront or canalfront lots, pool decks may be setback a minimum of 20 feet from the canal bulkhead. Screen pool enclosures shall be regulated as structures and located only within the required setbacks.

(i)

Private outdoor recreational areas. Private outdoor recreational areas including tennis courts, basketball courts, pickleball courts, etc., shall require side and rear setbacks of twenty feet to the exterior boundary of the court to any non-residentially zoned property and 100 feet to the exterior boundary of the court to any residentially zoned property. Their associated backstop and side fencing shall also conform to these setbacks and shall not exceed 12 feet in height. The composition of this fencing shall be vinyl coated chain link or other decorative fencing that does not impede the flow of air and which received the approval of the zoning official. For private pickleball courts on properties abutting residentially zoned properties, there must be a six-foot masonry wall between the property line and the perimeter of the court.

(j)

Walls and fences.

(1)

Permits. Requests for permits for walls and fences must be accompanied by a site plan and drawings clearly showing the locations, heights and materials for which approval is requested.

(2)

Height in nonresidential districts. On all street frontages, walls and fences shall not exceed three feet in height except when setback at least ten feet from the property line. At or beyond that ten-foot setback or on other side or rear property lines, fences or walls may be up to six feet in height. No wall or fence shall be permitted which would in any way obstruct or impair the visibility of automobiles at intersections and points of ingress and egress to the public right-of-way.

(3)

Designs and materials permitted in nonresidential districts. Fences or walls in nonresidential districts located within the front half of the lot shall not be constructed of chain link, chicken wire, wood (except decorative open pickets) or other similar or nondecorative materials. In any nonresidential districts, except industrial districts, barbed wire may not be incorporated in or used as a fence. Any barbed wire used within industrial districts shall be placed so that it does not project outward over any street, sidewalk, public way, or adjacent property. Fences and walls within nonresidential districts shall be designed and constructed so that adequate access to buildings is maintained for firefighting purposes.

(4)

Walls shall be finished on both sides with similar architectural treatments and color on both surfaces so that, for example, a brick-veneered masonry wall shall have brick veneer on both sides or a stuccoed masonry wall shall have a stucco finish on both sides.

(k)

Land and building uses seen generally. It is intended that all buildings hereafter erected, reconstructed, altered, enlarged, moved or maintained, and any existing building and the land upon which it sits shall be used only for the purpose permitted in the zone in which such building or land is located, and then only after applying for and securing all permits and licenses required. If any use is for any reason omitted from the list of those specified as permissible in each of the various districts designated in this article, or if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of the article, a person may file a request for inclusion of a particular use within a particular district or for an interpretation if any ambiguity arises with the building director. It shall be the duty of the planning and zoning commission to ascertain all pertinent facts concerning such use and by resolution of record set forth its findings and the reasons for designating a specific classification for such use. Such findings and resolution shall be referred to the city commission and, if approved by the city commission, thereafter such designated classification shall govern.

(l)

Solid waste containers. Prior to the issuance of a building permit, plans for the construction of any commercial, office, industrial, planned development or any other nonresidential buildings must show the location of container(s) for solid waste disposal. The number of containers, their location and access to them for unloading purposes are subject to the approval of the city. Solid waste containers or dumpsters shall be screened from view of surrounding properties for all new development. Screening enclosures must be made of a similar material and style to the building façade.

(m)

Relocation or moving a building. (See general provisions for residential districts for applicable regulations).

(n)

Curb cut permits. Any proposed construction in zoning districts other than R-1AAA, R-1AA, R-1A and R-2 shall have its access points or curb cuts for off-street parking facilities approved by the building director. In all such cases where that use has an access point or curb cut onto one public street, no additional curb cuts may be made onto another public street without the approval of the building director. His approval shall be based on a finding that no additional traffic will be directed onto local residential streets.

(o)

Vehicle/boat sales. There shall be required a minimum lot/parcel size of 10,500 square feet for any automobile/truck/motorcycle, other vehicle or boat sales business. This shall apply to new, used and leased vehicles or boats. It shall not apply to rental business providing daily-weekly rentals. In cases where vehicle/boat sales operations are proposed, the city shall use as guidance a ratio of one vehicle/boat on sale or display for every 560 square feet of net usable area in order to provide adequate space for employee/customer parking and to preclude excessive congestion of the property.

(p)

Satellite dish antenna.

(1)

Satellite dish-shaped antennae are permitted as accessory structures for properties within the nonresidential districts of the city. The number, location, and size of all satellite dishes on such properties shall be first subject to the site plan approval by the Code enforcement director to insure that such satellite dishes are located in a manner to be not visible from any public street or visible as little as reasonably possible.

(2)

A building permit shall be required for the installation of all satellite dishes so as to precipitate inspection for compliance with this section and for anchoring in accordance with the requirements of the building code.

(3)

The above regulations shall only apply to satellite dish antenna greater than one meter in diameter.

(q)

Underground utilities.

(1)

It is the intent of the city to improve the aesthetic appeal of the city and the reliability of utility service by requiring that utility lines such as electric, telephone, cable TV, fiber optics and other utilities, be placed underground in conjunction with the construction of all new buildings. The implementation of underground utilities shall also be required as a component to the substantial renovation of any existing building. Substantial renovations shall be interpreted as when the building permit value of such renovations and/or additions exceeds 50 percent of the value of the existing improvements on the most current property tax roll. Property owners shall provide space on site within the private property or within the building for any necessary pad-mounted transformers and switch gear and shall screen such to the degree possible with landscaping or other approved screening when visible from the public right-of-way.

(2)

The city recognizes that certain physical elements such as existing buildings, swimming pools, large trees and such may impose unreasonable hardships on property owner's compliance with the placement of utilities underground and for the location of transformers. Upon confirmation of these hardships by the utility companies, the building director may waive this requirement for such projects or may allow the waiver of up to two required parking spaces to be used for the required pad-mounted transformer and switch gear.

(r)

Display of merchandise outside commercial buildings within the C-2 zoning district. Only within the central business district and the Hannibal Square business district, those properties which are zoned C-2 are allowed one display of merchandise to be located outside of a commercial business exclusive of beautification elements such as plants (that are not for sale). This display must be placed within two feet of the front wall or window of the building. This display must not block or impede pedestrian traffic or be placed on the public sidewalk and at least six feet of clear sidewalk width must remain for pedestrian traffic. This display must be no more than six feet in height and no more than two feet in width. The display must be safely secured and removed under windy conditions. The display must be removed when the business is not open. An outside display is not permitted if the business chooses to place an outdoor portable sign.

(s)

Significant changes to buildings or approved plans. Various sections of this zoning article require approvals by the planning and zoning board and/or city commission. Within the section for conditional uses there are specific requirements defining significant changes for conditional uses. For all other types of approvals, the standards below will determine whether a significant change or substantial deviation shall be deemed to have occurred which then would require a subsequent review and approval for those changes by the planning and zoning board and/or the city commission as follows:

(1)

When there is an increase in the height of a building of more than one foot; or

(2)

When there is an increase in the square footage of a proposed building of more than 500 square feet; or

(3)

When there is an increase in the impervious lot coverage of more than 1,000 square feet; or

(4)

When there is a change in the architectural style of the building; or

(5)

When there is a major shift or relocation of the site and floor plan(s) or distribution of uses within the building or major shift or relocation in the features of building location, stormwater retention, parking area and/or driveways; or

(6)

When additional variances are requested that were not part of the original public record in the review by the planning and zoning board and/or the city commission; or

(7)

When the planning director, building director or city commission believe a material change has been made to a plan detail that was critical to the consensus or decision made by the board or commission.

(t)

Tents.

(1)

The use of tents is limited to the following:

a.

Social events or approved special events on private property;

b.

Special events on public property approved by the city;

c.

Special events on property owned by a nonprofit organization;

d.

New and used car lots for special sales events.

(2)

Additionally, the size and location of tents shall be subject to review and approval based on consideration of parking, obstruction of traffic, interference with landscaping and similar issues. All tents must be removed within seven days. No property may erect a tent more often than once in any three-month period. Prior to the erection of a tent, a permit must be obtained and compliance with the city building and fire codes is required.

(u)

Special event.

(1)

Definitions.

a.

Special event means any occasion, including, but not limited to, exhibitions, celebrations, festivals, shows, and other activities taking place within a specifically defined area of the city for a period of time not to exceed three days (or longer, if approved by the city), which occasion or activity does not fall within the normal categories of permitted uses or accessory use within the applicable city zoning district. Special events may include activities to be conducted entirely on city property when deemed necessary to utilize this process by the city.

b.

City manager means the city manager of the city, and includes the city manager's designee or authorized representative.

(2)

Permit required. It shall be unlawful for any person to advertise, hold, conduct, engage in, permit or allow any special event to occur unless he has first obtained a permit from the city. All permits shall be issued in conformity with the requirements of this subsection and any regulations established by the city.

(3)

Application for permit.

a.

The application for a special event permit shall contain all information relevant and necessary to determine whether a particular special event permit may be issued, including, but not limited to:

1.

The applicant's full name, current address, telephone number, and proof of identity;

2.

A full and complete description of the special event or activity to take place, the duration of the special event, the specific location at which the special event will be conducted, and a plan detailing the general layout of the special event and activities on the site for the special event;

3.

An estimate of the anticipated attendance and proposed arrangements to provide fully for all off-street parking on the site of the special event or on adjacent property;

4.

A description of proposed use of temporary structures, including a description of each temporary structure, its proposed use and placement, and the dates and duration of each proposed placement;

5.

A proposed plan for dealing with sanitation including disposal of waste and refuse as well as placement of portable toilet facilities if applicable;

6.

The necessity for closure of public streets or sidewalks and the proposed dates and necessary duration of such proposed closures;

7.

Proposed utilization of city equipment and city facilities, if applicable;

8.

A hold harmless agreement in favor of the city executed by an authorized representative of the applicant;

9.

Proof of general liability coverage in such amount as the city may determine based upon the location, duration and nature of the special event. Upon request, the city may require that the applicant provide a certificate of insurance naming the city as an additional insured;

10.

Any additional information which the city may require to accurately assess the impact of the special event on the city.

b.

The application for a special event permit shall constitute an agreement by the applicant to pay for city personnel expenses and services provided by the city, including all repairs, renovations, landscaping and turf restoration or replacement, which is necessitated by virtue of the special event.

c.

The application for a special event permit shall constitute a covenant between the applicant and the city, specifying that the applicant will halt or interrupt its special event upon notification by an official representative of the city. The city covenants not to halt or interrupt the special event unless in its discretion it perceives the special event activities shall cause or coincide with interference with traffic movement, disturbance of the peace, destruction of property, violation of the law, a threat to the public peace, health, safety or welfare or not appropriate for the zoning of the property.

d.

The application for a special event permit shall constitute an agreement by the applicant that applicant shall limit signage regarding the special event to one temporary sign no larger than 32 square feet in area and one banner sign measuring two feet by 18 feet or less in size, placed on display not more than four days before the start of the event and removed before the end of the event and not placed within the public street right-of-way or public property.

(4)

Approval.

a.

Criteria. The city may approve or conditionally approve the issuance of a special event permit upon application, unless one of the following circumstances exist:

1.

The applicant has been convicted of a felony or a misdemeanor involving moral turpitude and has not subsequently demonstrated rehabilitative characteristics.

2.

The applicant has made a material misrepresentation in the application.

3.

The applicant has not complied with the city's request for further information necessary for the city to fully evaluate the application.

4.

The proposed special event will substantially disrupt the peace and quiet within any area of the city.

5.

The proposed special event will have a substantial negative impact upon traffic within any area of the city.

6.

The proposed special event in any way damages or degrades the image of the city.

7.

The proposed special event will have a material negative impact upon neighboring properties.

8.

The proposed special event will create a safety hazard.

9.

The proposed special event is not appropriate for the location due to zoning requirements for that location.

10.

The proposed special event subjects the city to contingent liability which cannot adequately be addressed by requiring the applicant to name the city as an insured on the applicant's general liability insurance policy.

11.

The special event is of such a nature that the city manager determines the applicant must provide the city with a certificate of insurance naming the city as an additional insured, and the applicant has failed to provide such a certificate.

12.

The special event fails to comply with any of the criteria designated under this article for issuance of a special event permit or rules and regulations governing the special event.

13.

If the application is for a renewal of a special event permit, the applicant has violated conditions of the previous permit or ordinances and regulations of the city in the conduct of the prior special event.

14.

The special event proposes to use public rights-of-way, parks, or other city property or seeks to have special exceptions made for the event, including, but not limited to, such things as waiver of the duration requirements. Such proposed events on city property or requests for waiver must be approved by the city commission as set forth in subsection (4)c., below.

15.

The proposed special event is substantially involved with display and/or sale of fine art, art, and arts and crafts (which shall include custom or specialty furniture, including handmade furniture), and where such proposed special event occurs within a time period from 30 days before extending to 30 days after the Fall Art Festival and the Spring Art Festival, which take place approximately and typically in the second week of October and the third week of March each year. However, this special circumstance does not apply if art, fine art and arts and crafts are displayed or offered for sale at a business that is regularly engaged in the display or sale of such, or if display or offer of arts or crafts for sale is on city property and with the city's express permission.

b.

Conditional approval. The city may condition the approval of an application upon the applicant's agreement to:

1.

Notify surrounding property owners of the event.

2.

Obtain letters of approval from surrounding property owners of the event.

3.

Hire off-duty police officers for traffic or crowd control.

4.

Limit the duration of the event, including hours that the event is taking place and the number of days that the event is to be conducted.

5.

Comply with any other condition or conditions requested by the city manager to ensure or protect the health, safety, or welfare of the general public.

c.

City commission approval. Any application for a special event which proposes to use public rights-of-way, parks, or other city property or to have exceptions made from the requirements for special events may be referred to the city commission for approval. The city will, however, review the application and make a recommendation to the city commission either orally or in writing as to whether the city commission should approve the applicant's application.

(5)

Limitations.

a.

There shall be no more than two special event permits granted with reference to any single property of an applicant during a given calendar year, unless approved by the city commission or city manager. The type of event referenced in this paragraph refers to having two of the same or similar type events and is not intended to prohibit an entity such as a nonprofit organization from having different types of fundraisers throughout the year.

b.

No special event permit shall be issued with reference to a particular location if either the city staff or city commission determines that the special event at that location would, in any way, adversely affect the public health, safety, or general welfare of the citizenry, community or environment of the city.

(6)

Fees; deposit for city personnel and extraordinary service fee.

a.

Upon issuance of a special event permit, the permittee shall pay to the city the applicable special event permit fees as established by the city.

b.

The city shall recover its reasonable expenses for city personnel utilized and services rendered in connection with the special event. Such costs shall include, but not be limited to, charges for personnel and equipment committed in support of the special event. Based on the information contained in the permit application and such consultations as may be required with the applicant, an estimate of these costs will be provided to the applicant at the time of his application before the permit is approved. Prior to issuance of a special event permit, the permittee shall deposit with the city the amount of these estimated costs.

c.

At the conclusion of the special event, any additional permit fees required in excess of those paid at the time of issuance of the permit will be paid to the city by the permittee, and any excess permit fees paid by the permittee will be refunded by the city.

d.

The issuance of a special event permit shall not operate to waive the payment of any prescribed fees for the use of city facilities, and the permittee shall be required to pay the applicable charges and deposits, if any, as established by the city for the use of its city facilities.

(7)

Denial; term; revocation or suspension.

a.

Denial of a permit. Where the special event permit is denied, the applicant shall be notified in writing by mail within ten days of the denial and the reasons therefore.

b.

Appeal procedure. The decision of the city upon a denial of a special event permit application of a special event permit may be appealed to the city commission by written notice thereof filed with the city manager within 30 days of the date of the written decision of the city.

c.

Term. Special event permits issued pursuant to this article shall be effective for the stated purpose from the date of issuance through the date specified in the permit.

d.

Revocation or suspension. A special event permit may be revoked or suspended for any of the following reasons:

1.

A material false statement contained in the application;

2.

Failure to comply with federal, state, or municipal laws and regulations;

3.

Failure to comply with any limitation or condition imposed by the city on the issuance of the special event permit;

4.

Failure to operate the special event activity in accordance with such ordinances, laws, orders, rules and regulations as may be applicable;

5.

Conducting the special event in such a manner as to create a public nuisance; or

6.

Conducting the special event activity in a fraudulent or disorderly manner or in a manner which endangers the public health, safety, welfare or in any manner which disrupts the public peace.

(8)

Notice of hearing and grounds for suspension and revocation. Prior to the suspension or revocation of a special event permit, the permittee shall be notified in writing of the grounds for suspension or revocation of the permit, and the hearing shall be held before the city manager or his designee thereon. Notice of the hearing shall be given to the permittee at least two days prior to the hearing.

(9)

Emergency temporary suspension. If the conduct or activity of the permittee creates a public nuisance or an eminent peril to the environment or the public health, safety, or welfare, the special event permit may be summarily suspended upon notice to the permittee. The permittee shall be entitled to a hearing within seven days thereafter and any temporary emergency suspension shall not exceed 15 days pending a hearing under the proceeding section.

(10)

Conduct of hearing on suspension or revocation. The hearing before the city manager on the suspension or revocation of a special event permit shall be conducted to allow the permittee the right to be heard and to call witnesses on the permittee's behalf.

(11)

Decision after hearing on suspension or revocation. The decision of the city manager shall be rendered within ten days of the close of the hearing on the suspension or revocation of the special event permit. The decision shall be in writing and shall set forth the findings of fact and conclusions of law underlying the decision, and the permittee shall be notified of the decision in writing within days of the date of the decision.

(12)

Appeal procedure. The decision of the city for suspension or revocation of a special event permit may be appealed to the city commission by written notice thereof filed with the city manager within 30 days of the date of the written decision of the city.

(v)

Solar photovoltaic (PV). Solar PV is a permitted accessory use, provided that it meets the provisions of the respective zoning district and limited to the setbacks, area and coverage limitations of accessory structures in the respective zoning district.

(w)

Home occupations. (See general provisions for residential districts for applicable regulations that also apply to all residential units within buildings in nonresidential districts).

(x)

Restaurant, bar, tavern, lounge; conditional uses in the Hannibal Square neighborhood. The city has established that restaurants, bars, taverns or lounges, in the Hannibal Square Neighborhood Commercial District located on Morse Boulevard or on Pennsylvania Avenue north of Morse Boulevard, shall be limited in the hours of sale and consumption of alcoholic beverages due to the proximity of residential homes and apartments and the related problems of nighttime activity and noise generated by these establishments and their customers outside the establishments. The restriction shall limit the hours of sale and consumption of alcoholic beverages to no later than 11:00 p.m. on Sundays through Thursdays and no later than 12:00 a.m. (midnight) on Fridays and Saturdays, except for New Year's Eve when the hours are extended until 1:00 a.m.

(y)

Short-term rental of residential units. The rental or use of any residential units for less than one month shall be prohibited. Time shares or fractional ownership is prohibited.

(z)

Construction tolerances. The city's building director may permit setback encroachments up to six inches upon request in writing on a sworn affidavit from the property owner attesting to the cause or reason for the error relating to technical reasons that is subject to acceptance by the city.

(aa)

Parking shelters. For office and commercial properties, the city may permit open parking shelter structures for shade and rain protection for vehicles provided that the shelter is at least 80 percent open, that the posts or columns meet a minimum five-foot setback from adjacent properties, that the structures meets all building code wind load requirements; are not more than one story in height and limited to no more than ten feet in height to the roof eve. Such parking shelters shall only cover a row of parking one space deep and may not span across a landscape island or the drive aisle. Such shelters may only located in the rear of the property or side of the property and not located in any area within 25 feet of a right-of-way. Furthermore, such parking shelters must be architecturally consistent with the principle building and as such, metal post and canvas type coverings are not permitted.

(bb)

Parking garage setbacks. Any above-grade parking garage or parking deck shall be setback at least 100 feet from any property used for single-family or low-density residential. The distance shall be measured from the closest point of the parking garage structure to the property line of the single-family or low-density residential property.

(cc)

Gateway plan conformance. Pursuant to the desire to provide attractive entrance features and architectural interest at the gateway entrances into the city, the city commission shall have the authority in the review of plans for the development or redevelopment of properties to require negotiate for a portion of such property to be reserved for the construction of gateway design structures, and the city commission may negotiate, on a case-by-case basis depending on the size of the project, a financial arrangement between the developer and the city to facilitate the construction of gateway design structures.

(dd)

Massage therapy businesses. A massage therapy business is one in which state licensed massage therapists provide therapeutic massage services. The city adopts the definition of "massage" in F.S. § 480.033(3) meaning:

"The manipulation of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation." A "massage therapist" shall mean a person licensed by the State of Florida pursuant to F.S. ch. 480 who administers massage for compensation.

Unless expressly exempted, no person may provide massage as part of any business or for any consideration or remuneration at any location in the City of Winter Park unless the business is located in an area zoned for massage therapy.

A permitted massage therapy business shall meet all of the following requirements:

(1)

The massage therapy business (or establishment) shall be licensed and meet all of the requirements set out in Florida law, including the requirements in F.S. ch. 480 and F.A.C. chs. 64B7-26 and 64B7-30.

(2)

All persons in the massage therapy business or establishment who offer to provide or provide massage as defined in this section and in F.S. § 480.033 shall be licensed by the State of Florida and the license shall be in good standing. Each licensed massage therapist shall be in compliance with all requirements of Florida law, including those statutes and administrative rules referenced in this section.

(3)

The massage therapy business may only operate inside the City of Winter Park in a permitted non-residential zoning district, and the hours of operation shall be only between the hours of 7:00 a.m. through 10:00 p.m., subject to the exceptions set forth in paragraph (4) of this section.

(4)

The hours of operation set forth in paragraph (3) of this section do not apply to any of the following:

a.

A massage therapy business located on the premises of a healthcare facility as defined in F.S. § 408.07.

b.

A health care clinic as defined in F.S. § 400.9905(4).

c.

A hotel, motel or bed and breakfast inn, as those terms are defined in F.S. § 509.242.

d.

A timeshare property as defined in F.S. § 721.05.

e.

A private residence.

f.

A massage provided by a licensed massage therapist during a special event wherein the city has approved the operation during the special event.

(5)

No massage establishment or business may be used as a place of residence for any person. Residential services within the premises of a massage therapy business, such as sleeping, cooking or other facilities, are strictly prohibited except to the extent that bathroom facilities are required in order to maintain state licensure under the requirements of F.S. ch. 480 and F.A.C. chs. 64B7-26 and 64B7-30. It shall not be a violation for a massage therapy business to have and use appliances that are lawfully and regularly made a part of a legitimate massage therapy business and which are not used in any manner that would violate any provision in F.S. ch. 480 and F.A.C. chs. 64B7-26 and 64B7-30, including all prohibitions against sexual misconduct that may be grounds for disciplinary action under Florida law.

(6)

A person violating the provisions of this section commits a violation of the City of Winter Park's Municipal Code and commits a misdemeanor of the second degree. A violation of the provisions of this section may also result in the revocation or suspension of the violator's business tax receipt, as provided in section 94-41 of the City of Winter Park's Municipal Code.

(7)

The requirements of this section do not apply where the massage is performed by a licensed massage therapist acting under the prescription of a physician or physician assistant licensed under F.S. ch. 458; an osteopathic physician or physician assistant licensed under F.S. ch. 459; a chiropractic physician licensed under F.S. ch. 460; a podiatric physician licensed under F.S. ch. 461; an advanced registered nurse practitioner licensed under F.S. ch. 464, pt. I; or a dentist licensed under F.S. ch. 466.

(8)

Any premises in which massage is offered or performed by persons unlicensed by the State of Florida or otherwise in violation of the provisions of F.S. ch. 480 and F.A.C. chs. 64B7-26 and 64B7-30 for which discipline may be imposed by the State of Florida, shall be in violation of the City of Winter Park's Municipal Code of Ordinances and such activity may be declared a nuisance and may be abated and enjoined as provided in F.S. § 823.05 as a public nuisance.

(ee)

Parking garage design guidelines.

(1)

The construction of parking garages within the non-residential zoning districts shall conform to and only be permitted when in conformance with parking garage design guidelines as may be adopted by resolution by the city commission. This requirement shall apply to any parking garages to be constructed within the City of Winter Park, other than parking garages within basements that are defined as having at least half the height of the entire parking structure below existing grade or parking garages that are totally enclosed by other liner building areas that are not visible from any public street other than the entrance/exit feature.

(2)

In addition to the other requirements and regulations of the respective zoning district and prior to the issuance of a building permit for the initial construction, or renovation or remodeling of any existing parking garage other than for the scenarios outlined above, an applicant shall be required to obtain approval of the parking garage plans by the planning department.

(3)

Building elevation drawings and other plans as determined by the planning department shall be submitted of sufficient detail to indicate the building materials, composition, color, etc. so that the visual appearance of the exterior and interior of the parking garage is readily apparent, as well as any proposed landscape buffer, signage and lighting.

(4)

The planning department shall render a decision on all applications for building permits for parking garage construction, renovation or remodeling. After a determination that the plans presented are sufficient for the purposes of this review, the decision of the planning department shall be made within 15 working days, excluding holidays, of the receipt of a complete and sufficient set of plans and application materials, unless referred to the planning and zoning commission for review as outlined below.

(5)

The planning department's decision shall be either a continuance based upon the specific defined need for additional plan information, an approval, an approval with conditions or denial. Any applicant for parking garage approval may elect to appeal a decision of the planning department to the planning and zoning board for their consideration.

(6)

Decisions by the planning department and/or the planning and zoning board shall be made at a public hearing based on the conformance of plans and application materials to the parking garage design guidelines and criteria adopted by the city commission.

(7)

The decision of the planning and zoning board shall be the final decision of the city except where a building project also requires conditional use or other land development approval by the city commission. In that case, the decision of the planning and zoning board shall be a recommendation with the final decision made by the city commission.

(8)

The parking garage design guidelines shall be adopted and subsequently amended by the city commission by resolution following a public hearing and recommendation from the planning and zoning board.

(ff)

Sidewalks. On lots where no sidewalk exists or lots where existing sidewalks are substandard, the city shall require sidewalk installation subject to building permit and city engineer review.

(gg)

Alcohol sales and consumption.Chapter 10 of the Code of Ordinances establishes classifications for city licenses permitting the sale and consumption of alcoholic beverages. The sale and/or consumption of alcoholic beverages is limited and restricted only to the business types listed below and any other business type not listed, such as salons, spas, is not permitted alcoholic beverage sales and consumption. As such, alcoholic beverage sales and consumption is limited only to the following locations and uses listed below.

(1)

Commercially zoned retail stores but only for off-site consumption. Retail food and beverage retail stores may be permitted limited on-site consumption only for samples during wine/beer tastings, cooking school demonstrations, as special events;

(2)

Commercially zoned restaurants and food and beverage establishments having a seating capacity of not less than 24 seats for on-site and off-site consumption;

(3)

Adult congregate living facilities having a minimum of 50 living units and a seating capacity for not less than 100 seats but only for on-site consumption;

(4)

Golf clubs, tennis clubs and other private recreational facilities but only for on-site consumption;

(5)

Theatres for live performances or for films/movies with not less than 100 seats but only for on-site consumption.

(hh)

General provisions for development proposed in conformance with the Live Local Act of Florida Statutes.

(1)

Definitions. For the purposes of this subsection, the following definitions are provided for terminology not defined in Florida Statutes with respect to implementation consistent with the Winter Park Land Development Code:

Allowed as used in F.S. § 166.0415 shall mean as allowed under the provisions of the city land development code at the time of a proposal is submitted for development subject to F.S. § 166.0415 and shall not mean as allowed historically back in time previous to the present. It shall also mean allowed by right pursuant to the applicable zoning district and shall not include as may potentially be allowed via a conditional use approval, or access to any bonus pool, or via special permit for non-conforming structures or settlement agreement or vesting agreement for such non-conforming allowances.

Commercial as used in F.S. § 166.0415 shall mean only the commercial zoning districts of the city which are only the properties zoned C-1, C-3, C-3A and PDOC as used in the Ravaudage PD, and no other zoning district.

Height within one mile as used in F.S. § 166.0415 shall mean one mile as can be traveled by human beings along the public streets of the city within the normal permitted lanes of travel from the center point of the proposed development site and shall not mean a straight-line distance as a bird might be able to travel.

Highest allowed density as used in F.S. § 166.0415 shall mean in the context of Winter Park, 17 units per acre as this is the highest residential density currently allowed and is expressed in units per acre and shall only mean residential units per acre and shall not mean density as in the context of floor area ratio as used elsewhere in F.S. ch. 166, which in reference to intensity terminology as applied to floor area ratio. Density is units per acre and intensity is floor area ratio.

Highest currently allowed height as used in F.S. § 166.0415 shall only mean such height allowed by right within the municipality and not heights allowed if such height would require conditional use approval under the city land development code based upon the size in square footage of the project proposed project under the Live Local Act.

Industrial as used in F.S. § 166.0415 shall mean only the industrial I-1 zoning district of the city and no other industrial zoning district.

Mixed use as used in F.S. § 166.0415 shall not apply in the city, as no mixed use zoning district exists within the city.

(2)

Process for approval. The approval process for a qualifying development located within an eligible zoning district, shall include payment of a fee, and if application is not made by the owner of record, then a contract or agreement to purchase (that permits black-out of the financial purchase details) but is clear as to dates of effectiveness and due diligence periods, an application on a form provided by the city, site development plans, and affidavit of commitment to City of Winter Park's affordable housing standards for income qualification, monitoring, and inspection during the full minimum 30 years of operation including acknowledgement of the auditing requirements for eligibility of all tenants living within the designated affordable housing units in order to establish compliance with the provisions of the Live Local Act and penalties for non-compliance as further outlined below. Upon application, the city shall complete a sufficiency review of the materials submitted and provide a response that the application is complete or specifically what items are still required at a date 60 days after submittal. The applicant shall then provide the items that are required for the sufficiency review which shall then begin another sufficiency review period that shall be completed at a date 60 days following re-submittal and so on until a complete application is provided. A contract to purchase must be in full force and effect during the sufficiency and review periods established within this section. If any due diligence period or other contract matter expires within such time periods, then the city shall not begin or complete the sufficiency review or application review.

(3)

Minimum requirements. The minimum requirements for certification of compliance with the Live Local Act are as follows:

Site development plan which includes the following:

a.

Scale, date, and north arrow.

b.

Legal description of the property.

c.

Site data table including gross square footage of the site and project, total impervious coverage and principal setbacks.

d.

Dimensioned location, size, height and use of all proposed structures.

e.

Project units, number of affordable units per area median income, and affordability period.

f.

Label uses of adjacent parcels.

g.

Location, dimension and method of buffering from adjacent uses.

h.

Location and method of screening of refuse stations, storage areas and off-street parking and loading areas.

i.

Method of stormwater retention.

j.

Location, size and total amount of greenspace.

k.

Tree table with tree retention and applicable mitigation.

l.

The location, width, pavement type, right-of-way name and other related appurtenances of all public rights-of-way adjoining, traversing or proximate to the site.

m.

Location and dimensions of proposed project ingress/egress, parking and service areas, including typical parking space dimensions.

n.

Vehicle use area buffering adjacent to rights-of-way.

o.

Southern Florida Building Code definitions for types of construction proposed and existing.

p.

Proposed means of vehicular and pedestrian access from the site(s) within the development to adjacent streets and/or alleys, showing all existing and proposed curb cuts and sidewalks.

q.

Building elevations (four-sided) for each proposed building.

r.

Commitment to complete a transportation study prior to issuance of the building permit.

s.

Any other information required under the specific site plan districts pertaining to this article or which may be required, when commensurate with the intent and purpose of this Code, by city reviewing staff.

t.

An affidavit confirming a 30-year commitment to provide affordable housing and monetary cap on all rent charges including any and all other fees as may be assessed to the occupants of units deemed to be affordable, such that all rents and fees shall not exceed 30 percent of the gross income of all occupants of affordable units; affidavit attesting to agreement and acceptance as to the annual audit requirements by a certified public accounting firm attesting to satisfaction of the such income and total rental fees and affidavit attesting to agreement and understanding that violations of such commitments shall be subject to a fine of no less than $5,000.00 per day for each violation determined by the annual audit and for each day the annual audit is not received by the city after March 1st of every year and affidavit agreement that any such fines shall constitute a lien on said property if not paid to the city within 60 days of receipt of the audit by the city by March 1st of every year and agreement to reimburse the city for any legal expenses in the enforcement of these provisions.

u.

A statement indicating the petitioners' commitment to comply with specific chapters of the City Code applicable to the project (i.e., tree and landscaping, fire, etc.) at the time of permitting.

v.

Compliance with all land development regulations applicable to the zoning district in which the project is proposed, except only as otherwise preempted by the Live Local Act with respect to height.

(4)

Project narrative. Application shall contain a narrative which demonstrates compliance with F.S. § 166.04151(7)(a)—(g).

(5)

Reserved.

(6)

Affidavit of commitment and restrictive covenants. As a condition of approval and prior to any site or building permits for the project being requested or obtained, the applicant (and the property owner, if different from the applicant) must execute and have recorded in the public records of Orange County, Florida, an affidavit of commitment and restrictive covenants. Such affidavit of commitment and restrictive covenants shall: (i) have terms acceptable to the city; (ii) run with and be binding upon the land for no less than 30 years from the issuance of a certificate of occupancy for the last principal structure of the project; (iii) be enforceable by the city; (iv) detail the affordable housing and project conditions and restrictions required by this section, the Live Local Act and on the approval of the project; (v) provide for monitoring, and compliance requirements; and (vi) provide for the city's enforcement remedies. Mortgage holders will be required to execute and record a subordination of their lien interest to such affidavit of commitment and restrictive covenants prior to or simultaneously with the recording of the affidavit of commitment and restrictive covenants. The city will provide the monitoring and compliance forms upon submittal of the application, deemed complete and sufficient.

(7)

Equivalent treatment of all dwelling unit requirements. As a condition of approval prior to any site or building permits for the project being requested or obtained, such project must demonstrate and commit that all affordable dwelling units and market rate dwelling units shall be located within the same structure. All common areas and amenities shall be accessible and available to all residents (both affordable and market rate dwelling units). Access to the required affordable dwelling units shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development. In addition, the sizes and number of bedrooms in the affordable dwelling units shall be proportional to the square footage and number of bedrooms in the market rate dwelling units (e.g., for number of bedrooms, if 25 percent of the market rate dwelling units consist of two bedrooms, then 25 percent of the affordable dwelling units shall also have two bedrooms.

(8)

Agent authorization. An affidavit with the property owner's notarized authorization.

(9)

Timeframe for review and issuance of approval. Upon receipt of a complete application, the city will complete its review and provide a response 60 days from receipt of such materials as required by this subsection.

(10)

Fee. The fee for a qualifying development will be $2,642.00 plus $111.00/acre or portion thereof or as otherwise amended within the adopted fee schedule from time to time by the city commission at public hearing.

(11)

Duration of approval. An approval received through this process shall be effective for six months from the date of approval. The application process and certification of compliance with the live local act shall begin again if a building permit has not been issued by the city within six months of an approval under this section.

(ii)

Cross access across parking lots. If deemed to be in the public interest, private parking lots, under certain conditions, may be required by design and function to have inter-connectivity with other adjacent properties so that vehicles and traffic may have alternate means of access to side streets or away from residential streets thereby promoting traffic safety.

(jj)

Prohibited back-out parking. Parking spaces shall be designed to allow vehicles to enter and exit without reversing directly into a public right-of-way. Back-out parking that requires vehicles to reverse directly into streets, alleys, or other public rights-of-way is prohibited.

(Ord. No. 2258, § 1, 5-12-98; Ord. No. 2303, § 1, 7-13-99; Ord. No. 2309, § 1, 8-10-99; Ord. No. 2431-01, § 1, 8-14-01; Ord. No. 2443-01, §§ 4, 5, 8, 10-9-01; Ord. No. 2447-01, § 1, 11-13-01; Ord. No. 2501-03, §§ 2, 5, 1-28-03; Ord. No. 2578-04, § 1, 4-12-04; Ord. No. 2590-04, § 3, 7-12-04; Ord. No. 2601-04, § 4, 9-13-04; Ord. No. 2620-05, § 1, 2-14-05; Ord. No. 2646-05, § 10, 9-12-05; Ord. No. 2659-06, § 1, 1-23-06; Ord. No. 2699-07, § 1, 2-12-07; Ord. No. 2796-10, § 1(Exh. A), 2-22-10; Ord. No. 2849-11, § 16, 9-12-11; Ord. No. 2924-13, § 2, 6-24-13; Ord. No. 2950-14, § 2, 2-24-14; Ord. No. 3006-15, § 2, 8-10-15; Ord. No. 3096-17, § 7, 12-11-17; Ord. No. 3098-17, § 6, 12-11-17; Ord. No. 3160-19, § 2, 12-9-19; Ord. No. 3264-23, § 1, 2-8-23; Ord. No. 3290-24, § 1, 1-10-24; Ord. No. 3317-24, § 1, 10-17-24; Ord. No. 3349-25, § 10, 7-9-25; Ord. No. 3351-25, § 2, 8-27-25)