(a)

Purpose and intent.

(1)

The purpose of this district is to permit certain areas within the city to be developed for high density residential use. Areas which may be suitable for intense development include areas around the urban core and adjacent to major arterial streets.

(2)

The regulations for this district attempt to encourage developments which are compatible with the existing residential character of the city and would not negatively impact existing residential neighborhoods. To accomplish this, appropriate open space, sufficient setbacks, buffers, density limits and height limitations are required. Only those areas of the city with sufficient public facilities such as utilities and roads capable of accommodating the use generated by the high-density permitted by this district can be so zoned.

(3)

In conformance with the comprehensive plan, this R-4 zoning district designation is intended for multi-family residential use and is limited to properties with this R-4 zoning designation in existence prior to January 1, 2017. This R-4 zoning district designation shall not be approved for or assigned to any property within the city that were not zoned R-4 as of January 1, 2017. However, properties which were zoned R-4 prior to January 1, 2017 are permitted to develop and redevelop based upon the use and development standards in this district.

(b)

Permitted uses.

(1)

Single-family residences per the development standards of the R-2 or R-3 district or as outlined in this section.

(2)

Duplexes per the development standards of the R-2 or R-3 district or as outlined in this section.

(3)

Multiple-family residences per the development standards of cluster housing within the R-2 or R-3 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-1AA, R-1A and R-2 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)

Tennis courts.

(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;

(9)

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

(d)

Minimum building site.

(1)

The minimum building site 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 constructed within this district shall be 20,000 square feet with a minimum front width of 100 feet and a minimum depth of 100 feet and for properties with less than 20,000 square feet and at least 15,000 square feet, the provisions of the R-3 district shall apply.

(3)

The maximum density shall be 17 units per acre.

(e)

Development standards.

(1)

Building and accessory structures, 35 feet in height or less, shall meet the following setbacks: front yard of 25 feet; side yards of 20 feet; and a rear yard of 25 feet. For each additional ten feet or fraction thereof above 35 feet in height, there shall be an additional five-foot setback for each front, side yard and rear yard. On corner lots, the building director shall determine the principal street-front yard which must comply with a minimum 25-foot front setback, and the secondary street(s) which must comply with the minimum 20-foot setback.

(2)

The maximum floor area ratio shall be 110 percent. The floor area ratio shall include the floor area of any attached or detached above-grade private parking garage. 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.

(3)

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.

(4)

Principal and accessory structure building lot coverage shall not exceed 55 percent of the total area of the site.

(5)

The maximum building height in the R-4 district is 55 feet, however, if the property is located within the central business district, the maximum height is three stories and 40 feet and any third floor requires approval as a conditional use. Variances for more than three stories in the central business district are prohibited. 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. Mechanical and air-conditioning equipment shall be screened from view on the ground level and shall be located to the maximum extent possible so that they are not visible from any street. 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, 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.

(6)

The maximum impervious coverage shall not exceed 75 percent and 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 predominately visible from the street.

(7)

The development standards for either a single-family residence or a duplex constructed within this district shall be the same as outlined in the development standards of the R-3 District.

(8)

Properties with less than 20,000 square feet of land area and at least 15,000 square feet are permitted to develop per the standards of the R-3 district.

(9)

A 100-foot setback is required between any above-grade parking garages or decks constructed within this district and any property used for single-family or low-density residential.

(10)

Other Code sections related to development that should be referenced include, but are not limited to, off-street parking regulations, maximum height map, 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).

(11)

The intent of the Code requirement for two and one-half spaces for multiple family projects is to provide 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 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.

(Ord. No. 2333, § 1, 10-26-99; Ord. No. 2434-01, § 1, 8-28-01; Ord. No. 2575-04, § 1, 3-22-04; Ord. No. 2646-05, § 1, 9-12-05; Ord. No. 2796-10, § 1(Exh. A), 2-22-10; Ord. No. 2849-11, § 2, 9-12-11; Ord. No. 2986-14, § 2, 12-8-14; Ord. No. 3096-17, § 2, 12-11-17; Ord. No. 3258-22, § 3, 11-9-22; Ord. No. 3317-24, § 1, 10-17-24)

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