§ 58-95. Definitions.
For the purposes of this article, certain terms or words used herein shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied.
The word "lot" includes the words plot or parcel.
Abutting for the purposes of parking garage setbacks shall mean no closer than 100 feet from any property used as single-family or low-density residential.
Abutting property means any property that is immediately adjacent to or contiguous with property that may be subject to any hearing required to be held under these regulations or that is located immediately across any road or public right-of-way from the property subject to any hearing under these regulations.
Accessory building, structure or use means a building, part of a building or structure or use which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot including a private garage for each dwelling unit. Where an accessory building is part of or joined to the main building, such accessory building shall be counted as part of the main building.
Adult congregate living facility means a residential structure in which the owners or operators provide lodging, food and one or more personal services for unrelated adults on a profit or nonprofit basis. These facilities shall be subject to the licensing and approval of the state department of health and rehabilitative services.
Adult day care center means any building or buildings or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a part of the 24-hour day, basic services to three or more adults, not related by blood or marriage, who require such services.
Adult entertainment means any business classified as an adult entertainment business under the city's adult entertainment ordinance.
Adult foster homes means a full-time, family-type living arrangement, in a private home, under which a person or persons provide, on a nonprofit basis, services of room, board, personal assistance, general supervision, and health monitoring, as appropriate for the level of functional impairment, for three or fewer nonrelatives who are aged or disabled adults placed in the home by the department of health and rehabilitative services.
Adult video or internet arcade means an establishment that provides, whether as the principal or ancillary business activity, games of amusement for patrons, including, but not limited to, internet, video poker, video slot machines and the like where prizes are offered that exceed free additional games on the machines but entitle winners to free or discount beverages, food, merchandise or other prizes redeemable at other business locations. An establishment with a principal business activity permitted by this Code such as a restaurant, bar tavern, private club or lodge shall be prohibited from operating an adult video arcade as an ancillary component of that business.
Affordable housing means a dwelling unit, with regard to a unit for sale, which costs less than 80 percent of the median price of the single-family homes sold the previous year in the Orlando metropolitan area; and with regard to a unit for rent, one which rents monthly for less than 80 percent of the median monthly cost of similar sized units for the previous year in the Orlando metropolitan area and for which the purchaser's or renter's income or combined family income does not exceed 80 percent of the median family income for the Orlando metropolitan area.
Ancillary use means a subsidiary use connected to the principal permitted use of a building or piece of land and located on the same development site as the principal use.
Apartment means any room or suite of rooms with bathroom, refrigeration facilities and cooking facilities which is intended or designed to be occupied as the home or residence of one individual, family or household for housekeeping purposes.
Applicant means any person who submits plans to the planning and zoning commission for the purpose of obtaining approval thereof.
Arbor means a light open structure of trees or shrubs closely planted, either twined together and self-supported or supported on a light latticework frame.
Attic means an area of a building between the roof and the ceiling of the highest habitable floor. Attic areas are not to be habitable areas but shall serve only as storage area or for mechanical equipment. Attics shall not contain plumbing fixtures or finished room areas. Attics shall have minimal lighting and air-circulation fans.
Bar, cocktail lounge, or tavern means any establishment which is devoted primarily to the retailing and on-premises consumption of alcoholic beverages. Such establishments may also serve meals and food as is customary for restaurants; however, this particular use shall be those establishments where more than 50 percent of the gross revenue is derived from alcoholic beverage sales versus food sales.
Basement (also cellar) means a portion of a building partly underground which has less than one-half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground and not deemed a story.
Bed and breakfast or boardinghouse means a building or part thereof with nine or less rooms which is not consistent with the definition of a hotel or inn in which sleeping rooms are available for hire as lodging with or without meals and the building having only one kitchen. Where equipment for cooking or provisions for the same are included in a sleeping room, such room shall be deemed to be a dwelling unit.
Boathouse lot means a lot situated between a lake and/or canal and a public road or street and restricted to use of private boathouse or private dock by reason of having less area than the minimum area required for residential use.
Buffer means a specified land area together with the planting and landscaping required on the land used to visibly separate one use from another or to shield or block noise, lights or other nuisances.
Buildable area means the location on a lot in which the principal building may be constructed in accordance with the required setbacks for the respective zoning district in which the property is located. In residential districts which require various setbacks for the principal building, the least stringent principal building setback may be utilized for accessory structures unless another specified setback is required by code.
Building means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings, and which is designed or intended for shelter, enclosure or protection of persons, animals or chattels.
Building coverage means the proportion of the lot area, expressed as a percent, covered by the maximum horizontal cross section of a building or buildings.
Building facade means the face of a building most nearly parallel to any public right-of-way line. The facade includes the wall and window area between the principal front building corners from ground to roof line.
Building height means the vertical distance measured from the average elevation of the existing lot grade at the front of the building to the highest point of the rooftop.
Cabana means a partially open structure at a swimming pool or water body used as a bathhouse, or for outdoor cooking, but not designed as habitable space with sleeping rooms.
Canalfront lot means a lot or property bounded in part by one of the navigable canals interconnecting lakes Maitland, Osceola, Virginia and Mizell.
Central business district (CBD) means the business, commercial, office and residential "core" of Winter Park (also known as "downtown"). This is not to be confused with the CBD future land use designation, the Hannibal Square Neighborhood Commercial District, the planning area boundary for planning area G—Downtown/Rollins College, the community redevelopment area (CRA), or with C-2 zoning.
Central Business District and Commercial C-2 District Zoning Map D-2
Check cashing/advance facility means any building, room, space, establishment, facility or portion thereof where checks are cashed in exchange for a percentage fee or where unsecured, short-term cash advances are provided, including those made against future paychecks. This does not include a state or federally chartered bank, savings association, credit union or industrial loan company.
Child care facility/center means a building and related grounds designed and utilized for the provisions of child care and not also used as a permanent residence or providing overnight care accommodations. The term includes a day nursery, kindergarten, day-care service, day-care agency, learning center, or play school.
Cluster housing means single-family dwellings which are attached or detached dwelling units and which are designed, arranged and constructed to allow separate and different ownership of the units. Examples of housing types included in this classification are: townhouses, duplexes, triplexes and quadruplexes. Units shall be grouped in clusters containing one to four units.
Community redevelopment area (CRA) means an area designated by the City of Winter Park and Orange County as an area for residential and commercial redevelopment with goals for affordable housing, blight elimination, enhanced safety and corridor enhancement pursuant to adopted CRA plans. Per the policies of the comprehensive plan, prior to the creation of a new CRA or expansion of the existing CRA there shall be a public notice requirement to all households in the city to inform residents of the proposal, the need for such action and the plans or actions contemplated as a result.
Community residential home means a dwelling unit in conformance with state regulations which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional, and social needs of the residents.
Consignment means the act of consigning, which is placing goods in the hands of another but retaining ownership until the goods are sold.
Continuing care facilities means a facility which, pursuant to an agreement, furnishes shelter, foot, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care, upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreement to provide care for any duration, including agreements that are terminable by either party.
Convenience store means a small retail store or shop that primarily sells items such as candy, ice cream, soft drinks, lottery tickets, newspapers and magazines, along with a selection of processed food, various grocery and health care products and miscellaneous items, and sometimes also serves as a gas station. The store size is approximately 5,000 square feet in area or less.
Delicatessen means a store primarily specializing in imported or unusual foods and ingredients such as cooked meats, cheeses, pickles and similar products.
Dormer means a projecting structure with a window which is set vertically on a sloping building roof, having its own roof, which may be flat, arched, gabled or hip in shape.
Dormitories means a room, apartment or building containing sleeping accommodations; which facility is operated for the use of students enrolled in the sponsoring educational institution.
Drive-in business means an establishment which is designed to permit or encourage service directly to customer's vehicles upon the premises. An establishment of the "drive-in" type is one which accommodates the patron's vehicles, from which the occupants may receive a service or obtain a product without leaving their vehicles or one where the vehicle itself receives the service or product from the occupant or from employee as in the case of gas stations.
Duplex means a two-family dwelling.
Dwelling, cottage means a building which is attached to or detached from a principal dwelling, is smaller in area than the principal dwelling, is occupied exclusively by one family, has one kitchen and is located on the same property as the principal dwelling.
Dwelling, principal means a building which is attached to or detached from a cottage dwelling, is larger in area than the cottage dwelling, is occupied exclusively by one family and has one kitchen.
Dwelling, single-family means a detached building designed for or occupied exclusively by one family, including guests and domestic service employees employed on the premises and having but one kitchen.
Dwelling, two-family means a building under one roof designed for or occupied exclusively by two families living independently of each other.
Dwelling, multiple-family means a residential building designed for or occupied by three or more families, with the number of families in residence at one time not exceeding the number of dwelling units provided.
Dwelling unit means one room, or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
Estate lot means a single-family residential property under single ownership, regardless of divisions that may be shown by the Orange County Property Appraiser that is one acre or larger.
Existing parking spaces means all parking spaces servicing or used by a particular building or use regardless of whether such spaces are located on the same property as the building or use, or on another lot or property. Existing parking spaces servicing or used by a particular building or use:
(1)
Shall not need to be listed as the same entity on the property tax rolls;
(2)
Shall not need to have been acquired coincidentally with the particular building use; and
(3)
Shall not need to be dedicated for parking purposes as long as the existing parking spaces are servicing or used by a particular building or use and can be counted toward meeting the minimum specific parking requirements for that building or use.
Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage or adoption, no such family shall contain over three unrelated persons, but further provided that domestic service employees employed on the premises may be housed on the premises without being counted as a family or families.
Family day care homes means an occupied residence in which child care is regularly provided for no more than five preschool children from more than one unrelated family and which receives payment, fee, or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver. Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours provided the total number of children, including the caretaker's own and those related to the caregiver, does not exceed ten.
Fast food restaurant means any restaurant whose normal business model includes two or more of the following criteria or characteristics:
(1)
A predominance of locations offer drive-thru service;
(2)
The menu consists of predominantly fast food or take-out food typically: consumed on site, or off the site as to-go food; pre-made and wrapped before customers place orders; served with disposable tableware or typically served in paper or plastic containers;
(3)
Food is typically ordered from a wall menu at a service counter;
(4)
Food consumed on the premises is typically ordered while customers are standing;
(5)
Payment must typically be made by customers before food is consumed;
(6)
Customers typically bus their own tables;
(7)
The service counter is closer to an entry/exit than is the seating/dining area; or
(8)
The business interior is brightly illuminated (greater than eight candlefoot power as measured in a horizontal plane three feet above the floor).
Any restaurant meeting the above-definition shall be considered a fast food restaurant under this Code, even if it also meets the criteria for a non-fine dining restaurant under subsection 58-75(b)(6).
Fine arts museums means structures used for preserving and exhibiting collections of artistic significance such as paintings, sculpture, glass works, etc., which are not for sale.
Fine dining restaurant means any establishment which is devoted to the retailing and on-premises consumption of meals and food where more than 50 percent of the gross revenue is derived from food sales versus alcoholic beverages. Additionally, fine dining restaurants shall meet all of the following criteria:
(1)
A host or hostess must be regularly present to greet and arrange for seating of patrons;
(2)
Food and beverage service (other than bar service) is provided via table service by servers;
(3)
Dinnerware (utensils, plates, etc.) shall be non-disposable;
(4)
Ordering, food service and payment is done at the table; and
(5)
The menu shall consist of fine dining cuisine with a range of appetizers, entrees and desserts along with appropriate selections of beverages.
Establishments which include a drive-thru or where ordering or payment is done at a counter/cashier and then the food and/or beverage is brought to the table or customer by restaurant staff shall not be considered fine dining restaurants. Payment at a counter/cashier may be allowed only and exclusively to accommodate take-out orders. Take-out orders shall not exceed ten percent of the gross revenue.
Fitness facility, exercise or health club means a facility which may be indoor or outdoor or in combination that is operated on either a profit or nonprofit basis which contains exercise equipment and/or recreational facilities where patrons utilize such facilities individually or as part of groups for the purpose of physical conditioning. The terms include gyms, personal training and wellness centers. Ancillary food and beverage service is permitted but must be incidental to the primary use and must be primarily for the use and convenience of the patrons of the fitness facility or health club and not to include signage or advertising which may encourage use by the general public.
Floor area ratio (FAR) means the gross floor area divided by the land area of the building site excluding land areas across a public street under the same ownership. The gross floor area ratio is the square footage of the building or buildings on the property (and contiguous properties being used in connection with such building(s)) divided by the area of such property in square feet. This mathematical expression (gross floor area ÷ land area = floor area ratio) shall determine the maximum building size permitted.
Foster care facility means a facility which houses foster residents and provides a family living environment for the residents, including such supervision and care as may be necessary to meet the physical, emotional, and social needs of the residents and serving either children or adult foster residents.
Garage, private means an accessory building or a portion of the principal building used for the storage of automobiles of the occupants of the principal building. A carport is a private garage.
Gross floor area means, for the purpose of determining the floor area ratio of a building, the sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior surface of the walls or exterior of columns for roofed structures without walls. The means of deriving "gross floor area" for special circumstances is clarified as follows:
(1)
Basement areas or other below grade floor areas are excluded from the "gross floor area" when more than one-half of that basement or floor height is below the existing grade or below the established curb level, if the lot grade is lower than the established curb level.
(2)
Parking areas or drives under the building footprint shall be counted toward "gross floor area" except as referenced above, unless in a basement.
(3)
The "gross floor area" of a building shall include the area of stairways, elevators, atriums and volume ceiling spaces on each floor level, when such height would permit a floor level to exist with seven and one-half foot clearance. This shall be deemed to occur when the interior floor to ceiling height exceeds 17½ feet.
(4)
The area within carports and within screened porches/screened balconies, except that rear or side screened porches/screened balconies, shall be included within the "gross floor area" of a building. The area within carports not attached to the principal structure used on office or commercial parking lots may be excluded for up to 40 percent of the parking spaces, provided the carports are at least 80 percent open on all sides and are not enclosed garage structures.
(5)
The area of screened pool enclosures shall not count toward floor area ratio.
(6)
Gross floor area" shall be computed using the site used for building. On lakefront lots this shall only include the land in elevation at or above the normal high water elevations specified in this article. Land area located across a street and separated from the building site shall not be included in the available land area calculation.
(7)
Attic spaces shall not be counted within the "gross floor area" provided such floor space is used only for the storage of household items and not used as habitable space by the occupants of the residence except where permitted in subsections 58-65(f) and 58-66(f).
(8)
The site land area must be entirely one contiguous land mass and shall not include land isolated or separated from the main site by a street or water body.
(9)
The floor area of private parking garages (above grade) or parking levels shall be counted toward the floor area ratio when such parking is provided to meet the parking requirements of the Code, except for the top open parking level, and the basement level. The public parking component of any parking garage may be excluded from the floor area ratio calculation by the city commission, depending on the accessibility of the public garage.
Guesthouse means a detached accessory building designed for use by guests, persons employed by the household or members of a family occupying the main building on the same lot and containing no kitchen or cooking facilities and no separate utility meters. No such guest house may be rented, let or hired out for occupancy whether the compensations be paid directly or indirectly.
Habitable space means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, screen enclosures, sunrooms built in accordance with the Florida Building Code, storage or utility space and similar areas are not considered habitable space.
Hannibal Square Neighborhood Commercial District means that portion of the community redevelopment area (CRA) where special provisions for the development of buildings and other improvements have been adopted, which shall take precedence over other provisions of this article. The Hannibal Square Neighborhood Commercial District (HSNCD) area shall be restricted to the following areas:
(1)
Properties abutting Morse Boulevard between Capen Avenue and Virginia Avenue;
(2)
Properties abutting New England Avenue between Pennsylvania and New York Avenues;
(3)
Properties abutting Pennsylvania Avenue between Lyman and Garfield Avenues, including those existing commercial properties just north of Garfield Avenue; and
(4)
Properties abutting Hannibal Square East.
Hookah/hookah bars means an establishment where a hookah pipe or device is used. Such establishments are only permitted in conjunction with fine dining restaurant establishments and are not permitted as an ancillary use in other restaurants (other than fine dining), coffee shops, tea rooms, retail stores or personal service businesses.
Hotel means a building kept, used, maintained, advertised as, or held out to the public to be a place where sleeping accommodations are supplied for pay to guests, in which ten or more rooms are furnished for the accommodations of such guests, and having or not having one or more dining rooms, restaurants or cafes where meals or lunches are served to guests; such sleeping accommodations and dining rooms, restaurants or cafes, if existing, being conducted in the same building or buildings in connection therewith.
Ice cream and coffee shops mean any establishment primarily devoted to the sale of ice cream, frozen yogurt, Italian ice, cookies, pastries, coffee, teas and other beverages.
Impervious coverage means the percentage of the lot land area that is covered with impervious materials such as building, swimming pools, decks, patios, driveways, etc. Standard engineering coefficients of permeability may be utilized for mixed surfaces. Land located across a street and separated from the building site shall not be included in the available land area calculation.
Intensity means the degree to which land is occupied and/or the density of development. (There is no single measure of the intensity of land use. Rather, a land use is relatively more or less intense due to one or more characteristics, such as traffic generated, amount of impervious surface, bulk of the structures, number of employees, density or nuisance such as pollution, noise, light, etc.)
Internet cafe — See adult video or internet cafe.
Lakefront lot means a lot or property which is bounded by or within 200 feet of Lakes Maitland, Osceola, Virginia, Mizell, Sue, Sylvan, Berry, Forrest, Killarney, Temple, Tuscany, Spier, Grace, Rose, Tuscany, Baldwin and Lake Bell.
Land development office means a commercial real estate business engaged in the sale, development or management of properties. Land development offices are typically engaged in the building of projects, management of shopping centers, office buildings, etc., and the sale of large scale commercial, office, industrial or vacant parcels and not the individual sale of single-family homes or condominiums.
Land development regulations means the chapter 58 land development code provisions including the city's zoning, subdivision, building and other regulations controlling the development and use of land.
Living area means that area of a dwelling unit, enclosed, which is protected from the elements and able to be heated, including interior halls, closets, utility and storage area in the main building, but excluding garages, carports, screened porches and unenclosed areas. All horizontal dimensions shall be calculated from the outside faces of walls.
Lot (parcel) means, for purposes of this article, a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area; and to provide such yards and other open spaces as are herein required. Such lot may consist of: (1) a single lot of record; (2) a portion of a lot of record; (3) a combination of complete lots of record and portions of a lot of record; (4) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this article.
Lot (building) coverage means the percentage of the lot area that is covered by the maximum horizontal cross-section of a building or buildings. Covered or screened porch areas, balconies and screened pool enclosures shall count toward the lot coverage percentage as shall the area within carports.
Lot frontage or width means the lot boundary dimension adjoining a street.
Lot of record means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the Clerk of Circuit Court of Orange County, Florida, or a parcel of land, the deed of which was recorded in the Office of the Clerk of Circuit Court of Orange County, Florida, on or before August 25, 1971.
Lot types means the diagram (figure 1, below) which illustrates terminology used in this article with reference to corner lots, interior lots, reversed frontage lots and through lots:
A = Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked "A" in the diagram.
B = Interior lot, defined as a lot other than a corner lot with only one frontage on a street.
C = Through lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
D = Reversed frontage lot, defined as a lot on which the frontage is at right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be corner lot (A-D in the diagram), and interior lot (B-D) of a through lot (C-D).
Major arterial street means a street designed and constructed primarily to move a large volume of traffic, at a relatively efficient rate of speed across the city; a secondary function of a major arterial street is to give access to adjacent property.
Manufactured homes means a building, also referred to as mobile home, that is transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
Mobile home means a detached residential dwelling unit designed for transportation after fabrication, on streets or highways, and coming under the jurisdiction of the department of transportation, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities, and the like. A travel trailer is not to be considered as a mobile home.
Modular homes (also including prefabricated and/or factory built houses) means a structure whose component parts and/or sections are fabricated in one area and assembled as a completed building or structure upon a permanent location, or a building or structure whose component parts and/or section are fabricated and assembled as a completed unit at a central plant and moved to a permanent site.
Morse Boulevard designated area is defined as those properties fronting Morse Boulevard between New York Avenue and Denning Drive and additionally the properties in the blocks bounded by Morse Boulevard, Denning Drive, Canton Avenue and Harper Street.
Motel means a building or group of buildings, similar to a hotel of ten rooms or more, whether attached or in connected units, used by individual guests, and providing for accessory off-street parking facilities adjacent to each unit and having individual unit entrances opening to the outside. The term "motel" shall used interchangeably with "hotel".
Motor vehicle means any motorized vehicle not operating on rails.
Museums means structures used for preserving and exhibiting collections of artistic, cultural, historical or scientific significance which are not for sale.
New York Avenue Corridor means the area which encompasses those properties having frontage on New York Avenue between Whipple and Lyman Avenues.
Nonconforming structure means a building, building element or structure or portion thereof which does not meet the requirements of the zoning code, which includes, but is not limited to, the restrictions on floor area, lot coverage, height, yard size (setbacks), floor area ratio, impervious coverage, or its location on the lot.
Nonconforming use means the use of a building or portion thereof, or land, or portion thereof, which does not conform to the permitted or conditional use regulations of the zoning district in which it is located.
Non-fine dining restaurants means any restaurant that satisfies all of the following criteria:
(1)
Upon a patron's request, on-site food and beverage service shall be provided via table service by servers;
(2)
Appropriate visible signage is provided to notify patrons of the availability of table service;
(3)
The menu consists of a variety of food options including pre-entree items (soups, salads, appetizers, etc.) entrees, sides and desserts;
(4)
Non-disposable dinnerware (utensils, plates, etc.) shall be provided;
(5)
Food items are predominately freshly prepared on site rather than just the warming, microwaving or final preparation of pre-packaged items; and
(6)
All tables are bussed by restaurant staff.
Nonprofit educational facility means a building or structure owned or leased by a nonprofit educational institution pursuant to IRS standards providing educational programs and activities but not including athletic facilities or programs associated with that institution.
Nursing (convalescent) homes means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Office/showroom/warehouse means a building containing business establishments that combine to occupy at least 30 percent of the gross building area as office or showroom floor space and which engage in the selling of products and merchandise to retailers and customers in wholesale lots.
Off-street loading and unloading spaces means an open hard-surface area other than a street or public way, the principal use of which is for standing, loading and unloading of trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space, when required, shall not be less than 12 feet in width, 55 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space, and shall not be located in the front setback area of any building.
Off-street parking space means an "off-street space" on the ground or in a structure for the parking of one motor vehicle which is held to be an area of not less than 162 square feet, nine feet wide and 18 feet long exclusive of landscaped areas, driveways, or traffic aisles.
Open space means space outside of buildings suitable for recreation, gardens and yards or other outdoor activities. Such space must be free of automobile traffic and parking and readily accessible by all those for whom it is required. The provision of open space within a project shall not count toward park concurrency requirements as may be established by the city, nor may it be used as an exemption for any park impact fees, unless expressly approved by the city commission.
Ordinary high water (OHW) means the level that a lake can be expected to reach during a "normal" wet season.
Package store means establishments selling liquor in addition to beer and wine for consumption off the premises.
Pain management clinic means any privately-owned clinic, facility or office, whatever its title, including but not limited to a "wellness center", "urgent care facility", or "detox center," which has at least one of the following characteristics:
(1)
Where a physician practices who issues prescriptions for a dangerous drug to more than 20 patients in a single day;
(2)
It holds itself out through a sign or advertising in any medium as being in business to prescribe or dispense pain medication, whether for acute pain or chronic pain;
(3)
It holds itself out through a sign or advertising in any medium as being in business to provide services for the treatment or management of pain and where the services are also accompanied with the prescription or dispensing of a dangerous drug for the treatment of pain, whether acute pain or chronic pain; or
(4)
It meets the definition of pain management clinic in F.S. § 458.3265, as may be amended from time to time, or is registered as a pain management clinic with the state.
Exceptions. There is an affirmative defense that a business is not a pain management clinic if it has at least one of the following characteristics:
(1)
Licensed as a hospital or other licensed facility pursuant to F.S. ch. 395, as may be amended;
(2)
The majority of the physicians who provide services in the clinic primarily provide surgical services;
(3)
Affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;
(4)
Does not prescribe or dispense controlled substance for the treatment of pain; or
(5)
Operated for the sole purpose of service to a governmental entity.
Park Avenue Corridor means the area which encompasses those properties having frontage on Park Avenue or having frontage on the intersecting streets within 140 feet of Park Avenue.
Parking garage means any structure of more than one level on which vehicles park for an associated multi-family, commercial, office or other non-residential, recreational or educational facility. This definition is to be inclusive of multi-level parking garages and single-level parking decks. Parking garage shall not mean garages or carports, at grade, used to provide shelter for vehicles.
Parking lot means any land area properly zoned, required, provided, used or permitted to be used for the surface parking of five or more automobiles.
Pawn shop means a business that lends money at high interest rates in exchange for collateral such as jewelry, electronic items, or anything else that is judged to have a resale value. The pawn shop keeps the collateral, and if the loan is repaid, the item is returned. If the money is not repaid, the item is sold and the pawn shop keeps the proceeds.
Pergola means a garden structure with an open wooden-framed roof, often latticed, supported by regularly spaced posts or columns. The structure, often covered by climbing plants such as vines or roses, shades a walk or passageway.
Pet day care facility means and establishment located in a stand-alone building in which household pets are kept for all or part of the day and offer services such as obedience, classes, training, grooming and/or behavioral counseling, provided that overnight boarding is not permitted.
Pet grooming means an establishment providing services for household pets that may include bathing, grooming and clipping.
Porte cochere means a structure attached to a home with a roof over an adjacent driveway for the purpose of sheltering persons while entering or leaving a vehicle.
Private parking garage means any above-grade parking structure, required by this Code to meet the requirements for the private (nonpublic) use of building space, be it for retail, office, restaurant, residential uses, etc. Regardless of the fact that the "public" uses the parking garage spaces as customers, clients, residents, visitors, or employee, if the parking space floor area is necessary to meet the code requirements, it is considered private parking. Where a project provides parking in excess of code requirements, and such parking is open to the public without restriction, that portion of the parking garage floor area may be defined as public parking, if deemed accessible by the city commission and deed restricted as public parking, as defined in the public parking garage section of the comprehensive plan and this Code.
Public parking garage means any above grade parking structure, that is owned by the city. Public parking must be open and available to the public, or public employees, and utilized for municipal purposes. Public parking may not be utilized by private owners to satisfy code parking requirements.
Real estate office means a commercial real estate business managed by a broker or brokers that may or may not operate with affiliated real estate associates who render the service for their own properties or for the properties of others of the sale or lease of real property. This shall also include businesses involved in providing for themselves or others expertise in the development of land or the marketing, leasing or sale of land for future development.
Residential homes for dependent children (foster care homes) means a specifically designated, subsidized and licensed facility which provides immediate, necessary and very short-term care for not more than two children alleged or adjudicated to be dependent and who, because of their condition or environment, must be removed from home to ensure their welfare.
Restaurant means any establishment which is devoted to the retailing and on-premise consumption of meals and food and where more than 50 percent of the gross revenue is derived from food sales versus alcoholic beverage sales. The on-premises consumption of food may be by patrons either standing or seated on chairs, stools, or benches. Establishments whose primary function is the retail sale of food "to go" for consumption off premises, but which may have up to 12 seats designed for on-site consumption by patrons within the store, are not deemed to be restaurants. This zoning definition of restaurant is not intended to be applicable to the alcoholic beverage license requirements of this Code.
Retail means the sale of goods or merchandise from a fixed location, such as a store, boutique or kiosk, which goods are to be taken off the premises for use by the purchaser.
Service station means any building, structure or land whose purpose is the retail sale of gasoline/diesel and other petroleum products along which may include, but not required to include, the service/repair of vehicles. This shall not include major repair work such as paint and body work, motor/transmission rebuilding or automobile car washing.
Setback means the minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side lines of the building on each story. When two or more lots under one ownership are approved for use for a single purpose, the exterior property lines of all the lots shall be grouped and used in determining offsets for setback purposes.
Smoke shop means a store selling tobacco products, electronic cigarettes or other substances, smoking equipment and accessories for the consumption of any product or businesses offering related or similar services and products; provided however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop" and shall not be subject to the restrictions in this chapter.
Substantial improvement means, for a structure any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the value of the structure based upon the construction costs determined for the type of construction as set forth in the building code.
Story means a section of a building between the surface of a floor and the surface of the floor next above it, or if there be no floor above it, then the space between floor and ceiling or roof next above it. Basement areas with floor levels more than one-half below existing grade shall not be considered a story. Mezzanines and lofts, while not meeting the definition of a story under the Florida Building Code, shall be considered as a story for the purposes of this Code. Attic areas shall not be considered as a story unless improved for habitation.
Streamfront lot means a lot or property bounded in part by or traversed by Howell Creek as it runs between Lakes Sue and Virginia or runs north of Lake Maitland, including the lagoon within the Maitland Shores neighborhood.
Street means a public or private thoroughfare which affords the principal means of access to abutting property. This includes lane, place, way or other means of ingress or egress regardless of the terms used to describe it.
Three-story buildings within the central business district (CBD) means any buildings within the central business district geographical area, as depicted in the CBD Map D-2 within this definitions section, that either 1) contain three stories or 2) are less than three stories but greater than 35 feet in height.
Time share means building(s) in which the use or occupancy of any unit circulates among the various occupants who receive a right of ownership or use of the accommodations or facilities for specific periods of time less than a full year or other fractional ownership.
Townhouse means attached, single-family dwellings designed, arranged and constructed for separate and different ownership of the unit and the land thereunder. A unit must be separated from an adjoining unit by a fireproof and soundproof wall extending from the building's foundation to the roof line with no openings therein; however, this wall may be a common wall.
Townhouse complex means a planned residential complex containing two or more townhouse buildings; parking lots, driveways, walkways, accessory recreational areas and open space areas being under the common ownership of owners of the townhouse units within the development.
Treatment and recovery facility/residential shelter means a secure facility which provides residential and rehabilitation services, including room and board, personal care, and intensive supervision and case work. Emphasis in such facilities is on treatment and counseling services, as opposed to care services or habilitation services. Such facilities may include an outpatient component.
Trellis means an open grating or latticework, of either metal or wood, as in an arbor or framework for the support of vines; a treillage.
Used car junkyard means a lot or group of contiguous lots used for dismantling or wrecking of used automobiles, or the storage, sale or dumping or dismantled or wrecked cars or their parts.
Use, conditional means uses which may be permitted within certain districts only after review and recommendation for a specific request has been granted by the planning and zoning commission and review and decision by the city commission. These governmental bodies may place conditions on the use to insure its compatibility with the district within which it is located.
Use, permitted means any building, structure or use which complies with the applicable regulations of this article governing permitted uses in the zoning district in which such building, structure or use is located.
Use, principal means the main use of land or building as distinguished from a subordinate or accessory use.
Vapor lounge, also known as "vapor bar", "smoking device bar" or "electronic smoking device lounge" shall be defined as a store or lounge selling or allowing onsite consumption of tobacco or any alternative to cigarettes and/or liquid products that are manufactured for use with electronic cigarettes, tobacco products, and devices capable of providing an inhalable dose of nicotine or any other substances within the establishment.
Variance for the board of adjustment means a relaxation of the terms of the zoning where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this article would result in unnecessary and undue hardships. As used in this article, a variance meeting the requirements of the code can be granted by the board of adjustment, but only for height, area, size of structure and size of yards and open spaces (setbacks), unless specifically prohibited by this Code. The establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of presence of nonconformities in the zoning district or uses in an adjoining zoning district.
Wall plate means the bearing point at the top of a wall where the roof structure is placed. For example, for a frame wall the top of the double top plate on which the roof trusses or roof joists bear. For a masonry wall, the bearing point of the roof trusses or roof joists at the top of the wall.
Workforce housing means a dwelling unit, with regard to a unit for sale, which costs less than 120 percent of the median price of the single-family homes sold the previous year in the Orlando metropolitan area; and with regard to a unit for rent, one which rents monthly for less than 120 percent of the median monthly cost of similar sized units for the previous year in the Orlando metropolitan area, and for which the purchaser's or renter's income or combined family income does not exceed 120 percent of the median family income for the Orlando metropolitan area.
Yard means that portion of a lot extending open and unobstructed, except as otherwise provided herein, from the ground upward along for a depth or width set forth in the applicable district regulations.
Yard, front means a yard extending along the full length of a front lot line.
Yard, rear means a yard extending for the full length of a rear lot line.
Yard, side means a yard extending along a side lot line from the required front yard to the required rear yard.
Zoning district means an area or areas within the limits of the city for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
(Ord. No. 2421-01, § 1, 6-12-01; Ord. No. 2443-01, §§ 6, 7, 10-9-01; Ord. No. 2501-03, § 3, 1-28-03; Ord. No. 2534-03, § 2, 7-28-03; Ord. No. 2551-03, § 5, 11-24-03; Ord. No. 2590-04, § 5, 7-12-04; Ord. No. 2598-04, § 1, 8-9-04; Ord. No. 2610-04, § 1, 12-13-04; Ord. No. 2619-05, § 1, 2-14-05; Ord. No. 2532-03, §§ 1, 2, 9-8-03; Ord. No. 2667-06, § 1, 5-8-06; Ord. No. 2681-06, § 1, 8-14-06; Ord. No. 2711-07, § 2, 5-29-07; Ord. No. 2729-08, § 2, 1-14-08; Ord. No. 2795-10, § 5, 2-22-10; Ord. No. 2796-10, § 2, 2-22-10; 2797-10, § 2, 4-22-10; Ord. No. 2874-12, § 3, 4-23-12; Ord. No. 2876-12, § 4, 6-11-12; Ord. No. 2936-13, § 2, 9-9-13; Ord. No. 2910-13 , § 3, 2-11-13; Ord. No. 2981-14 , § 4, 10-27-14; Ord. No. 3002-15 , § 2, 7-13-15; Ord. No. 3006-15 , § 3, 8-10-15; Ord. No. 3081-17 , § 3, 8-14-17; Ord. No. 3098-17 , § 7, 12-11-17)