(a)

Purpose and intent. This district provides areas within the city for medium-density residential developments. Residential development shall be limited in height and ground coverage to encourage medium-density multifamily structures, as well as duplex and single-family residences. The regulations of this district are so designed to stabilize, protect and provide the essential characteristics of a suitable residential environment.

(b)

Permitted uses.

(1)

Single-family residences per the development standards of the R-2 district or as outlined in this section.

(2)

Duplexes per the development standards of the R-2 district or as outlined in this section.

(3)

Multiple-family residences per the development standards of townhome housing within the R-2 district or as outlined in the section.

(c)

Conditional uses. The following uses may be permitted after review by the planning and zoning board and approval by the city commission in accordance with the provisions of this article. See section 58-90, conditional uses.

(1)

Any conditional use permitted in the R-1 districts;

(2)

Kindergartens, day nurseries and other child or adult day care facilities;

(3)

Adult congregate living facilities;

(4)

Nursing homes, retirement homes or villages, assisted living facilities for retirees, provided such building(s) are located at least 50 feet from any other residential property;

(5)

Residential complexes which are developed and operated by the Winter Park Housing Authority, or by nonprofit 501(c) corporations providing affordable housing and receiving financial support for affordable or workforce housing from agencies of the federal, state or city government.

(6)

Outdoor recreation areas;

(7)

Buildings over 10,000 square feet or any addition over 500 square feet to an existing building over 10,000 square feet or additions over 500 square feet to existing buildings that result in a building over 10,000 square feet in size, but not including detached accessory buildings such as garages, carports, storage buildings, etc.

(8)

Buildings with a third floor within the central business district, provided that such conditional use approvals require two public hearing approvals by the city commission and buildings with a third floor outside the central business district subject to the normal public hearing approvals outlined in section 58-90.

(9)

Nonprofit educational facilities, deemed nonprofit 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 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 Commission. 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.

(10)

Bed and breakfast inns provided such property location is 100 feet from any single-family zoned property.

(d)

Minimum building site and maximum density.

(1)

The minimum building site required for either a single-family residence or a duplex shall be the same as required by the R-2 district.

(2)

The minimum building site for a multiple-family complex shall be 15,000 square feet with a minimum front width of 100 feet and a minimum depth of 100 feet. For properties with less than 15,000 square feet in size, the provisions of the R-2 zoning district shall apply.

(3)

The maximum density shall be 17 units per acre.

(e)

Development standards.

(1)

Development in the R-3 district, at the discretion of the property owner, may meet the requirements of the R-2 district or shall meet the following R-3 development standards. The requirements of R-2 district must be met for lots which are 70 feet wide or less.

*Note: The comprehensive plan limits development in the R-3 zoning district to a maximum of two stories and 30 feet of building height in the area bounded by Minnesota, Azalea Lane, Melrose and Pennsylvania Avenues, and the area bounded by Orlando, Orange, Fairbanks Avenues and Denning Drive.

*Note: In cases where the interior building floor plan design includes a first floor bedroom space in order to accommodate the housing needs of the elderly or mobility impaired, the building footprint coverage may be increased by the actual size of the first floor bedroom space, up to a maximum of three percent, but this shall not allow any variance or exception to the required amount of open space pervious coverage.

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(2)

Each residential unit shall have a minimum living area of 750 square feet, or if efficiency units are to be included within the complex, the average living area of the residential units within the complex shall at least equal 750 square feet.

(3)

On corner lots, the zoning official shall determine the principal street front yard to comply with a minimum 25-foot front setback and the secondary street(s) to comply with a minimum 20-foot setback. All setbacks to be measured from the property lines.

(4)

The maximum floor area ratio shall be 110 percent for any building of three stories, and a maximum of 75 percent for any building of two stories or less. The floor area ratio shall include the floor area of any attached or detached above-grade private parking garage. The aggregate floor area ratio for projects with a variety of building heights shall not exceed 95 percent. The maximum floor area ratios outlined above are not an entitlement and are not achievable in all situations. Many factors may limit the achievable floor area ratio, including limitations imposed by the maximum height map, concurrency management/level of service standards, physical limitations imposed by property dimensions and natural features, as well as compliance with applicable Code requirements such as, but not limited to, parking and internal circulation, setbacks, landscaping requirements, impervious lot coverage, design standards and on-site and off-site improvements and design amenities required to achieve land use compatibility. Land located across a street and/or separated from the building site shall not be included in the floor area ratio calculations.

(5)

The land area included within interior courtyards enclosed by more than 75 percent by the surrounding building shall not be included within the pervious land area calculation, unless the interior courtyard is predominately visible from the street.

(6)

Other Code sections related to development that should be referenced include, but are not limited to, off-street parking regulations, general provisions, definitions, sign regulations (article IV), environmental protection (article V) (this section includes division 1, stormwater; division 6, tree preservation; division 8, landscape regulations; division 9, irrigation regulations; and division 10, exterior lighting), subdivision regulations (article VI), historic preservation (article VIII) and concurrency management regulations (article II).

(7)

The intent of the Code requirement for two and one-half spaces for multiple family projects is to provide resident and visitor parking spaces for guests, service calls, deliveries, etc. For multiple family projects providing two and one-half parking spaces per unit, the provision of those resident and visitor spaces may not be exclusively within enclosed garages or carports and there must be at least one visitor parking space for each two units that are open and accessible for guests, service calls, deliveries, etc. Multiple family projects may not sell or lease any of the Code required visitor parking spaces to individual unit owners or residents. In cases where the city may grant or has granted a variance or exception enabling the total parking spaces for any multiple family project to be less than the Code required two and one-half spaces per unit, then at least 15 percent of the total number of parking spaces approved by the city must be made available as visitor parking. All such visitor parking spaces shall be clearly marked on the pavement or have signage provided, indicating their use for visitor parking. In cases where there is restricted access security or gates for resident parking, then such restricted access security or gates, etc., shall not prohibit access to the required number of visitor parking spaces. Parking necessary for on-site management or other on-site employees shall be provided in parking spaces in excess of the number required as visitor parking. The city's code enforcement board may enforce these provisions when it is witnessed by city staff that on any four consecutive occasions within any two consecutive day period, the same resident vehicle or management employee vehicle is utilizing any designated visitor parking spaces. Two car garages utilized to meet the parking requirements shall be a minimum size of 22 × 22 feet.

(8)

Except within the central business district geographical area, multi-family residential development within areas designated R-3, shall not exceed two stories in height unless approved via conditional use by the city commission. In addition, such third floors must have a roof slope of a maximum 12:12 roof slope (45 degree angle) for the third floor starting at the second floor eave height. When the roof slope height reaches the maximum roof height, then a flat roof is permitted or the roof slope may function as a parapet wall. Dormer windows are permitted on the third floor to provide light into such spaces but the dormers may not exceed 45 percent of within the same roof plane and must be placed at least two and one-half feet back from the second floor wall below. Alternative methods of compliance may be approved by the city commission such as terracing and enhanced setbacks for the third floor, such as in wedding cake manner, that setbacks at least 75 percent of the third floor walls without roof porch coverings from the floor walls below for a significant distance on the sides facing streets or other properties.

(9)

Parapet walls, or mansard roofs functioning as parapet walls, may be added to the permitted building height but in no case shall extend more than five feet above the height limits in this subsection. Mechanical penthouses, mechanical and air-conditioning equipment, elevator/stair towers and related nonoccupied structures may be permitted to extend up to ten feet above the height limits in this subsection. Upon approval of the city commission, architectural appendages, embellishments and other architectural features may be permitted to exceed the roof heights specified in this section, on a limited basis, encompassing no more than 30 percent of the building roof length and area, for up to eight feet of additional height, based on a finding that said features are compatible with adjacent projects.

(10)

Townhouse development, meaning a residential unit where floors one and two or floors one, two and three are interconnected living spaces, shall be limited to no more than five units in a building before a mandatory break or separation between buildings shall be required of at least 20 feet in width.

(Ord. No. 2297, § 1, 4-13-99; Ord. No. 2587-04, § 1, 6-14-04; Ord. No. 2729-08, § 1, 1-14-08; Ord. No. 2796-10, 2-22-10; Ord. No. 2849-11, § 1, 9-12-11; Ord. No. 2986-14, § 1, 12-8-14; Ord. No. 3110-18, § 2, 6-11-18; Ord. No. 3258-22, § 3, 11-9-22; Ord. No. 3295-24, § 1, 4-24-24; Ord. No. 3317-24, § 1, 10-17-24)

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