(a)

Purpose and intent.

(1)

Certain areas within the city are suitable for low-density residential development, but are not suitable for multiple-family development. These areas possess at least one of the following characteristics:

a.

Areas of the city in which a mix of housing types is compatible with existing development;

b.

Areas in which low density residential development presently exists;

c.

Areas in which imposition of R-1A, or R-1AA, or R-1AA standards would impose a hardship upon persons desiring to build a single-family residence; and

d.

Areas in which a small tract of land would lend itself to clustering of units in such a way that a unified development is accomplished which would not adversely affect adjacent residential properties.

(b)

Permitted uses.

(1)

Single-family residences.

(2)

Duplexes.

(3)

Principal dwellings and cottage dwellings.

(c)

Accessory uses permitted. Accessory buildings to a principal structure including: private garages to serve the residence, guesthouse, greenhouse, dock, boathouse, swimming pools, and spas. Stormwater retention facilities serving exclusively uses that are permitted in this district.

(d)

Redevelopment of existing buildings. Properties which have existing single family residences, duplexes and/or existing detached garages may be modified or enlarged in accordance with the following standards:

(1)

An existing single-family dwelling being enlarged or an existing duplex being converted to a single-family dwelling may be enlarged along existing nonconforming setbacks for one-story or two-story additions and subject to a minimum setback of five feet from the side or rear lot lines.

(2)

An existing garage or accessory building may be enlarged along existing nonconforming setbacks for the purpose of adding a one-story cottage dwelling addition or garage subject to a minimum setback of five feet from the side or rear lot lines.

(e)

Conditional uses. The following uses may be permitted as conditional uses only after review by the planning and zoning board and approval by the city commission in accordance with the provisions of this article.

(1)

Any conditional use as listed in the R-1 districts.

(2)

Townhomes/cluster housing, but not including garden apartments or density in a single building greater than defined for this use. Cluster housing on property, which is abutting or across the street from single family zoned property shall utilize a maximum floor area ratio of 45 percent. Cluster housing on property which is abutting single family zoned property shall provide the same rear yard setback as required in the abutting single family zoned property, except where the abutting single family zoned property is not used for residential purposes, such as churches, parks, community centers, etc.

Appearance review shall be conducted during the cluster housing application process to ensure compatibility with surrounding neighborhoods and to encourage the development of traditional building elevations with low density single family residential appearance while allowing flexibility of building design and site layout. The intent of the appearance review is to apply the basic design considerations described below in a manner, which meets the criteria while allowing a variety of architectural styles. Specific architectural types shall not be mandated, but rather many housing styles are encouraged while minimizing any negative impacts, such as large building mass next to smaller buildings on surrounding properties. Extremely unusual styles, not prevalent in the city, shall be prohibited. They shall include but are not limited to: dome houses, homes constructed of cast in place concrete with exposed unfinished walls, pyramid homes, and similar unusual styles unless approved as part of the conditional use.

The following parameters shall provide objective guidelines for preparing building plans for approval under the appearance review process:

Building(s) layout: Each site must provide a layout, which maintains the scale of a single family dwelling with attention to yards and open space.

Location and adequacy of parking: Parking must located to the side and rear of the main dwellings with access from the rear through a private driveway or alley where possible.

Exterior building finish: All finishes must be traditional siding, clapboard, stucco (or similar coating material), brick, cedar shakes (or similar alternate), finished block, board and battens, stone or combinations of these finishes.

Roof shape: Roof patterns must be traditional standard shapes such as gable, hip, shed, gambrel, or flat with parapet walls.

Fenestration: Window and door openings must blend with and be in balance with architecture of the building and not undersized or oversized for any street front elevation, such as a small, out of scale window next to a larger window.

Porch/Balcony: Open porches or covered entry ways must be located on the street front side of the building with a minimum porch depth of seven feet for those cluster dwellings with street front locations. Balconies may project into a required setback by three and one-half feet.

Building elevations: All street fronting elevations must provide approximately 15 percent window openings and provide a main entry for dwelling units with a street front location.

Height of building: The relationship of the height of buildings to that of nearby structures shall be taken into consideration through designs which utilize stepped down roof areas if the new buildings are located among homes with one-story or lower building heights. However, the design may utilize the height allowed under the development standards.

Use of impervious coverage: In achieving the 65 percent allowable impervious coverage, use of pervious paving materials may be utilized to enhance stormwater retention to the extent permitted by the city stormwater engineer. However, use of these materials shall not reduce the provision of landscaping on at least 25 percent of the property.

Landscaping: All sides of property along street frontages shall be landscaped. The landscape plan shall be prepared by a licensed design professional and shall be submitted to the city for review and approval.

Tree canopy and protection: Unless additional restrictions are imposed by the planning and zoning commission or city commission during the public review process, arbor control shall be regulated by the tree ordinance in section 58-281 et seq.

Waste containers: Use of individual waste disposal containers shall be required, except that large solid waste containers may only be used for developments utilizing four units per building or larger. When large solid waste containers are provided, a decorative enclosure shall be provided so as to blend in with the architecture of the buildings.

Alternative materials or designs may be considered during the appearance review process.

(3)

Adult congregate living facilities.

(4)

Outdoor recreation areas.

(5)

Non-profit educational facilities, deemed non-profit pursuant to IRS standards, limited to locations within the central business district, provided that the proposed use enables an appropriate adaptive reuse of a historic landmark building such that the historic character of the building is preserved for the duration of its new function. Buildings eligible for consideration include those buildings listed in or eligible for listing in the National Register of Historic Places as shown on the most recent Winter Park Architectural Survey and National Register Evaluation, or that represent a designated historic landmark of exceptional local significance as determined by the Winter Park Historic Preservation Board. A use that would require modifications to the building or site shall be locally designated and receive a certificate of review under sections 58-457 through 58-478. In addition any such approval must meet the general conditional use requirements and the standards for consideration contained in subsection 58-86(i).

(6)

Child care centers which are operated by a non-profit educational institution. The location of such use may not have ingress and egress onto a street which serves primarily residential traffic. The proposed CUP must specifically address traffic impacts, parking, playground noise and hours of operation.

____________

(f)

General development standards:

(1)

Part 1, for properties over 70 feet in width:

(2)

Part 2, for properties which are 70 feet in width or less:

(3)

Additional development standards (lots 70 feet or less in width):

a.

Parking shall be provided behind the front dwelling with only one driveway entering the property.

b.

The driveway and parking surface setback is permitted to be one foot from the rear or side lot line subject to providing a design which will not cause additional drainage onto a neighboring property.

c.

The required off-street parking shall be two spaces for the principal building, one space for the cottage dwelling, and two spaces per unit for a duplex.

d.

Circular driveways and parking in front shall be prohibited.

e.

Open front porches or covered entryways must be provided or a similar alternate front entryway must be provided.

f.

The principal dwelling may be placed in either the front or the rear of the lot.

g.

For corner lots the street side setback shall be 14 feet and the interior side setback shall be seven feet to the first floor wall only. Other site development requirements remain the same as established for lots 65 feet or less in width.

h.

The area between the building and the street shall be landscaped with grass, plantings or both, and any unusual designs shall be subject to the approval of the zoning official.

i.

Screen pool enclosures may also be permitted an additional eight percent of the lot area in addition to the permitted building area.

j.

Minor deviations of the floor area ratio for a principal dwelling and a cottage dwelling may be considered up to plus or minus one percent.

k.

When utilizing one common driveway between two properties, the required side setback of 11 feet may be reduced to seven feet to the first floor wall and ten feet to the second floor wall.

(4)

Additional development standards for development of a single-family residence, only:

a.

Front entry garages are permitted only if set back at least 35 feet from the front property line, and placed behind the front building line of the dwelling by at least four feet.

b.

The 11-foot side setback shall be required if the garage is at the rear of the lot. If no driveway around the home is provided, then a seven-foot side setback shall be observed to the first floor wall, and the second floor setback shall be ten feet to the second floor wall from the side lot line.

c.

All other provisions of the development standards for lots 65 feet in width or less shall apply where applicable.

(5)

Development standards for all properties in the R-2 District:

a.

A minimum distance of 22 feet shall be provided in front of garages and carports for parking turn around space, except on corner lots a minimum distance of 20 feet may be permitted in front of a garage.

b.

One common drive may serve two abutting properties without meeting the driveway setback requirement.

c.

The architecture of the front of the building shall not include two-story high features such as entry areas, porches or columns unless set back at least 30 feet from the front lot line.

d.

Open front porches or covered entryways may encroach up to seven feet into the required front setback. A porch depth of eight feet or more is requested for functionality

e.

Minimum living area. The minimum living area of any single-family residence shall be 1,000 square feet. The minimum living area of duplex, cluster residential, or townhome units shall average 750 square feet but no individual unit shall be less than 400 square feet.

f.

Properties or lots exceeding 10,000 square feet are permitted building heights of 35 feet if the side setback is increased to 20 feet measured to the roof component of the building over 30 feet in height.

(6)

Additional development standards for R-2 lots which abut single-family zoned properties:

a.

The rear yard setback shall be 25 feet to the first floor wall and 35 feet to the second floor wall, except where the abutting single family zoned property is not used for residential purposes, such as churches, parks, community centers, etc.

b.

The maximum floor area ratio shall be 45 percent, except a single-family dwelling may utilize a floor area ratio of 55 percent.

c.

All building plans for duplexes shall require appearance review approval by the town designer or planning department designee in accordance with criteria listed under subsection (e)(2) of this section. Appeals of the appearance review determination of the town designer may be made by the applicant and shall be heard by the planning and zoning commission within 40 days of receipt of the appeal request. The applicant or city staff may appeal the decision of the planning and zoning commission to the city commission within 15 days from the date of that decision. The matter shall be heard by the city commission within 30 days for final determination.

(g)

Stormwater control. Duplex and cluster housing shall provide onsite stormwater retention as provided by the Land Development Code.

(Ord. No. 2436-01, § 1, 8-28-01; Ord. No. 2501-03, § 1, 1-28-03; Ord. No. 2646-05, § 11, 9-12-05; Ord. No. 2699-07, § 2, 2-12-07; Ord. No. 2729-08, § 1, 1-14-08; Ord. No. 3025-16, § 1, 1-11-16; Ord. No. 3030-16, § 4, 2-8-16; Ord. No. 3258-22, §§ 2, 3, 11-9-22; Ord. No. 3295-24, § 1, 4-24-24)

Editor's note— Ord. No. 3258-22, § 2, adopted Nov. 9, 2022, repealed the former § 58-66, and § 3 renumbered §§ 58-67—58-70 as 58-66—58-69, as set out herein. The former § 58-66 pertained to R-1AA and R-1A districts regulations and derived from Ord. No. 2377, § 1, adopted Sept. 12, 2000; Ord. No. 2443-01, §§ 2, 8, adopted Oct. 9, 2001; Ord. No. 2510-03, § 2, adopted Apr. 8, 2003; Ord. No. 2512-03, § 2, adopted Apr. 8, 2003; Ord. No. 2590-04, § 2, adopted July 12, 2004; Ord. No. 2601-04, § 2, adopted Sept. 13, 2004; Ord. No. 2664-06, § 1, adopted Feb. 27, 2006; Ord. No. 2705-07, § 1, adopted Mar. 12, 2007; Ord. No. 2795, § 2, adopted Feb. 22, 2010; Ord. No. 2875-12, § 2, adopted June 11-12; Ord. No. 2885-12, § 2, adopted Sept. 24, 2012; memo of 4-22-13; Ord. No. 3030-16, §§ 1—3, adopted Feb. 8, 2016; and Ord. No. 3098-17, § 10, adopted Dec. 11, 2017. The historical notation has been retained with the amended provisions for reference purposes.

Editor's note— See editor's note to § 58-66.

Cross reference— R-1A and R-1AA districts, § 58-65.