HomeMy WebLinkAbout2008 01 09 Regular 601 Discussion of Xeriscaping in Winter Springs
ORDINANCE NO. 1401
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AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA, RELATING TO
LANDSCAPE IRRIGATION; PROVIDING FOR LOCAL
IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR
LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING
FORLEGISLATIVE INTENT AND PURPOSE; PROVIDING FOR WATER
CONSERVATION; PROVIDING FOR THE LANDSCAPE IRRIGATION
SCHEDULE; PROVIDING FOR EXCEPTIONS TO THE LANDSCAPE
IRRIGATION SCHEDULE; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR PENALTIES AND FEES; PROVIDING FOR VARIANCES
AND! APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE,
WI-IEREAS, the St. Johns River Water Management. District has responsibility and
exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water;
and
WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2A42,
F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below
consumptive use permit threshcilds in Rule 40C-2.041(1), ~:A. C.; and
WI-IEREAS, Rule 40C-2.042 {2) (a), F.A.C., grants a general permit to each person located
within. the District to use, withdraw or divert water for such small landscape irrigation. uses, pxovided
:the irrigation does not occur more than twa days per week and does not occur between the hours of
'=10:00 a.m. and 4:00 p.m. daily, subject to certain exceptions as set forth in Section 4 below; and
WHEREAS, Rule 40C-2.042, F.A.C., applies to landscape irrigation regardless of whether
the water comes from ground or surface water, from a private well or pump, or from a public or
;private utility; and
WHEREAS, Rule 40G2.042 (2) {b) provides that local governments may adopt an ordinance
'identifying the specific two days for which the irrigation is allowed; and
WHEREAS, Rule 40C-2.042(2) (b} provides that any such ordinance shall include a District-
irrigation schedule; and
WHEREAS, the City Council of the City of Oviedo, Florida desires to adopt such an
ice in accordance with 40C-2.042(2)(a) and (b); and
WHEREAS, the City Council of the City of Oviedo has determined that this ordinance is
late and will benefit the public health, safety and welfare.
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NOW, 'T'HEREF'ORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF OViEDO, FLORIDA, AS FOLLOWS;
SECTION 1. LEGISLATIVE INTENT AND PURPOSE.
(a) The recitals to this Ordinance (Whereas clauses} are hereby adopted by the City
Council of the City of Oviedo as the legislative intent and purpose of this Ordinance.
(b) It is the intent and purpose ofthis Ordinance to implement provisions, processes and
procedures that promote water conservation through the more efficient use of landscape imgation
within the City of Oviedo.
{c) The City Manager may delegate decision making authority hereunder to a person or
j City staff whom the City Manager deems appropriate.
SECTION 2. DEFINITIONS. For the purpose of this Ordinance and the administrative
actions ofthe City, the following terms, phrases, words and their derivatives shall have the meaning
given herein. When not inconsistent with the context, words used in the present tense include the
future, words in the plural include the singular, and wards in the singular include the plural. The
following words shall be defined as follows:
{a) "Address" means the house number of a physical location of a specific property. This
udes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home
c or similar community is used by the U.S. Postal Service to determine a delivery location, the lot
~tber shall be the property's address. An "even nurbered address" means an address ending in the
~bers 0, 2, 4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the
Zbers 1, 3, 5, 7, 9 or the letters N-2.
(b} "District" means the St. Johns River Water Management District.
(C) "Person" means any person, firm, partnership, aSSOClatlOn, COrpOratlOn, Company, Or
ation of any kind.
(d) "Landscape irrigation" means the outside watering of plants in a landscape such as
shn-bbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are
situated in such diverse locations as residential areas, cemeteries, public, commercial, and industrial
establishments, and public medians and rights of way. "Landscape irrigation" does not include golf
~COUrse greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational
areas such as, but not Iimited to, playgrounds, and football, baseball and soccer fields.
SECTION 3. IRRIGATION SCIiEDULES.
(a} Landscape irrigation at odd numbered addresses may only occur on Wednesdays and
:Saturdays and must not occur between 10;00 a.m. and 4:00 p.m. on the days specified.
'' Ordinance No. 1401
Page 2
(b) Landscape irrigation at even numbered addresses or no numbered addresses may only
on Thursdays and Sundays and must not occur between 10:00 a_m. and 4:00 p.m. on the days
(c) No landscape irrigation shall occur on Mondays, Tuesdays arFridays unless a written.
e has been previously granted. by the City or is otherwise excepted pursuant to Section 4
NC1TE: Subject to the exceptions listed in Section 4 below, it is prohibited and unlawful to
landscaping inconsistent with the provisions of this Section.
SECTI~.1N 4 EX.CEPTIC}NS TD LANDSCAPE IRKIGATIUN SCH1F I)ULE.
ape irrigation shall be subject to the following irrigation schedule exceptions:...
(a) Irrigation using amicro-irrigation system is allowed at anytime.
(b} Irrigation afnew landscape is allowed at any time of day an any day for the initial ~0
and every other day for the next 30 days for a total of one 60-day period, provided that the j
tion is limited to the minimum amount necessary for such landscape establishment. Receipts
~r documentation may be required for proof of new landscape materials purchased
(c) Watering in of chemicals including, insecticides, pesticides, fertilizers, fungicides,
herbicides when required by law, the manufacturer ar best management practices is allowed at
ime within twenty-four (24) hours of application.
(d) Irrigation systems may be operated anytime for maintenance and repair purposes not
exceed ten (10) minutes per hour per zone.
{e) Irrigation using ahand-held hose equipped with an automatic shut-off nozzle is
~ at anytime.
(f) Discharge afwater Pram awater-to-oar air conditioning unit or other water dependent
system is not limited.
{g) For reclaimed water customers of the City, the use of water from a reclaimed water
em far landscape irrigation is allowed only in accordance with the landscape irrigation schedule
the exceptions thereto. For users of reclaimed water who are not customers of the +City, the use of
.r from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a
aimed water system includes systems in which the primary source is reclaimed water, which mayor
not be supplemented from another source during peak demand periods.
{h) The use of :recycled water from wet detention treatment ponds far irrigation is allowed
provided the ponds are not augmented. from any ground ar off-site surface water, or public
sources.
Ordinance No. 1401
Page 3
SECTION S, RELIEF FROM SPECIFIC DAY OF THE WEEK LIMITATIONS,
(a) A Variance from the Section 3 landscape irrigation schedule of this Ordinance above
may be granted by the City Manager only if strict application of that schedule would lead to
unreasonable or unfair results in particular instances, provided that the applicant demonstrates, with
particularity to the City Manager, that compliance with the schedule will result in a substantial
j economic, health or other hardship on the applicant requesting the variance or those served by the
(b) Where a contiguous property is divided into different zones, a variance may be
granted hereunder in order that each zone maybe irrigated on different days than other zones on the
property; provided, however, that no single zone may be irrigated more than two (2j days a week.
SECTION G. APPEALS. Decisions of the Enforcement Official may be appealed in
writing to the Public Works Director or hisfher designee within ten (10) days of the Enforcement
Off~c~al's decision.
SECTION '7. ENFORCEMENT OFFICIALS. -The City Manager may delegate
enforcement responsibility relating to this Ordinance to such personnel and departments of the City
as deemed appropriate.
SECTION 8. FEES.
(a) First time violation of the above shall result in a written warning notice to user either
by door hanger, fax, mail, andJor hand delivery.
(b) Second time violation of the above shall result in a $75.00 water service penalty
imposed on the water service portion of the utility bill and a written notice.
(c) Third and all additional violations ofthe above shall result in a $150.00 water service
penalty imposed on the water service portion of the utility bill and a written notice.
(d} Violators with. greater than three (3) violations shall have water service disconnected
until all water service penalties have been paid.
SECTION 4. PENALTIES. Any pexson violating any ofthe provisions of this Ordinance
shall be punished to the maximum extent as provided in State law. The City may engage in any code
`enforcement activities and processes, as it deems appropriate under the circumstances.
SECTION I0. CODIFICATION. It is the intent of the City Council of the City of C?vieda
that the provisions of this Ordinance shall become and be made a part of the Code of {7rdinances of
he Caty of Qviedo and that the provisions of this Ordinance may be renumbered or relettered;
rovided, however, that the provisions of Sections 11, 12, and 13 shall not be codified. When
Ordinance No. 1401
~ Page 4
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appropriate ward and such other arganizatianal words and phrases maybe, likewise, altered- The
Code cacti fier is hereby granted broad and liberal authority to codify the provisions o.f this Ordinance.
SECTION 11. SEVERABILITY. 'The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses or phrases of this Ordinance, but they sha11 remain in effect, it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity of any part; provided, however,
that this Ordinance shall be constnied in a manner that protects the property rights afthe City of
Oviedo.
SECTIUN 12. CONFLICTS. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
SECTIGN 13. EFFECTIVE DATE. This Ordinance shall. become effective upon
enactment by the City Council.
FIRST READING: 4 cx~ ~
SECOND READING: '~
PASSED AND ADOPTED THIS ~ day of ~ A.D., 2007.
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TIO1~L4S G. WALTERS
MAYOR of the City of Oviedo, Florida
ATTEST:
$ARBARA ((1~!]
CITY CLE12K
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Ordinance No. 1401.
Page 5
MEMORANDUM
TO: Beautification of Winter Springs Board
FROM: Danielle Harker, Assistant to the City Clerk
SUBJECT: Xeriscaping Information from Oviedo
DATE: December 28, 200
As requested, I am giving you copies of the information that I have received from
the City of Oviedo regarding Xeriscaping. I was told by Jay Stainer, Water
Conservation Officer for Oviedo, that the ordinance regarding Xeriscaping had
not been approved by their Council yet; it would be going for approval at their
January ~, 2008 Council Meeting. He have me all the information they used up to
that point so I thought it beneficial for the Board to review.
If you have any questions, please feel free to contact me at (40~) 327-5965•
Article XII. LANDSCAPING, TREE PLANTING
AND BUFFER REQUIREMENTS
Sec. 12.1. Applicability
Sec. 12.2. General Landscaping Requirements
Sec. 12.3. Sar-e~y Trees
Sec. 12.4. Buffer Yards
Sec. 12.5. Principal and Accessory Use Areas Landscaping
Sec. 12.6. Maintenance
Sec. 12.7. Xeriscape TM Florida-Friendly Landscape
Sec. 12.8. Lake Edge Landscaping
Oviedo Land Development Code
XII-1
[THIS PAGE INTENTIONALLY LEFT BLANK]
Oviedo Land Development Code
XII-2
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
Section 12.1. Applicability.
(A) Compliance Requirement
It shall be unlawful for any person to develop or increase the developed area of any lot, parcel,
plot or tract of land within the City of Oviedo, unless in demonstrated compliance with the
terms of this Article, or if otherwise exempted by this Article.
(B) Purpose and Intent
T#e~aod-sEa~+t~g; tree~fa~rti-~~~--bo-f#er+t~g-reger~er~#~se-~;~le These
regulations are intended to lessen the transmission of noise dust, and glare between lots, and
to protect the water, air, and other natural resources of the city. The use of existing vegetation
to meet these requirements is preferred and strongly encouraged.
The purpose of these regulations is to ensure efficient water use by establishing
minimum standards for landscape and irrigation design, installation and maintenance
recognizing climate, soils, water resources land use and resource planning of the watersheds
that will aid in improving environmental quality and water use efficiency in the City. Water
consumption shall be reduced by utilizing one or more of the following;
~ The preservation of existing plant communities;
The use of site specific plant materials;
u The use of pervious paving materials;
The use of water efficient irrigation;
~ And other applicable Best Management Practices (BMP) as approved by the
Land Use Administrator.
f~ Exemptions
Sports fields, golf courses, agricultural production, and cemeteries are exempt from the
high water use zone standards, Section 12.7, if a water conservation plan has been approved
by the City or under the terms of a Consumptive Use Permit (CUP) issued by the St. Johns
River Water Management District (SJRWMD~
The R-CE, R-1AAA, R-1AA, R-1A, R-1, and R-2 districts shall be exempt from all buffer
yard requirements other than the front yard requirements for special corridors.
Section 12.2 General Landscaping Requirements
(A) o~~er-rem Plant Species List:
~a~k°-,~~Rrefer~°~ °~~Ui°+ ^',", h^ ~ °ed +~--RTC +~"~ ; eaQiTer~en~s e#~h;s-~~c-Ie-The
plants listed in the latest edition of the Florida-Friendly Plant List in "Florida Yards &
Neighborhoods" edited by the University of Florida, Institute of Food and Agricultural Sciences
(UF/IFAS~ shall be used to meet the requirements of this article. The turf/turfgrass species
listed below are also allowed:
Turf/turfgrassSpecies Drought Tolerance
Bahia High
Bermuda Medium
Oviedo Land Development Code
XII-3
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
Carpet Low
Centipede Medium
Seashore Paspalum Medium
Saint Augustin Low
Zoysia Medium
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Oviedo Land Development Code
XII-4
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
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Oviedo Land Development Code
XII-5
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
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(B) Prohibited Planf Species
Those plant species which are listed in Table a-2~ 15.3, Prohibited Plant List, Section 15.2,
Tree Protection, Removal and Replacement are prohibited and shall not be used to satisfy the
requirements of these landscape regulations.
(C} Plant Quality
All nursery grown or transplanted plant material shall satisfy the minimum plant quality criteria
required to conform to the standards for a Grade Number One (#1) or better as published in
Oviedo Land Development Code
XII-6
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
"Grades and Standards for Florida Nursery Plants", Department of Agriculture and Consumer
Services, Division of Plant Industry, latest edition.
(D) Trees Planted under Power Lines
Trees planted under a power line shall not exceed a mature height of twenty-five (25) feet.
(E) Water Conserving Landscape
All required landscaping shall consist of water conserving landscape plant material, subject to
conformance with Section 12.7, XeriscapeT"" Florida-Friendly Landscaping.
Section 12.3 ~a~-e~~ Trees
For the purposes of this sec
the tree classification IistE
Yards & Neighborhoods".
small trees shall
the Florida-Erie
{,4~ (~~re~y Large Trees
mo+i rco hoinh+ of it (1 foot '
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(1) Trunk Caliper. A new ear~e~y large tree must have a minimum trunk caliper measurement
of two and one half (2'/2) inches measured at six (6) inches above grade at the time of tree
installation.
{B}(2) ~ane~-Lame Trees Planting/Preservation
The planting and/or preservation of ea~e~y lar e trees shall be required for all principal
land uses according to the following table:
TABLE 12.1: TABLE OF PLANTED/PRESERVED GAPJAR~F LARGE TREES
Principal Land Use Required Canopy Large Trees
Agriculture Exempt
Single Family Residential (43,560 sf lot & above) a5 5 trees per acre*
Single Family Residential (15,000 sf - 43,560 sf lot) 5 trees per lot
Single Family Residential (7,500 sf - 14,900 sf lot) 3 trees per lot
~AtrFti- Two Family Residential (Duplex) ~ 4 trees per lot
Multi-Family Residential 15 trees per acre*
Office 15 trees per acre*
Commercial 12 trees per acre*
Industrial 10 trees per acre
Public/ Institutional 15 trees per acre*
*Net Buildable Acres
Oviedo Land Development Code
XII-7
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
{~~-6a~elr~y (~ Street Trees
For every fifty (50) linear feet of right-of-way adjacent to a development order parcel, a
minimum of one (1 } e-ar~epy large tree shall be provided by the development order application,
within the right-of-way, unless prohibited by the jurisdictional authority or in locations where the
presence of underground or overhead public utilities makes the installation of such trees
impracticable.
{~ (~ Existing trees may be counted toward meeting this requirement
{~(~ .
Trees shall be classified as having a high drought tolerance according to the latest edition of
the Florida-Friendly Plant List in "Florida Yards & Neighborhoods".
(~) (~ The trees shall generally be evenly spaced, although some variation may be
allowed, ut the di~re~ ^^.o,,-~~f based on topography, soil conditions, drainage features,
driveways and other features.
{4}(d) Street trees shall preferably be located between the roadway and the pedestrian
sidewalk or bicycle path and shall be no closer to the.roadway than allowed by adopted
safety standards.
{~(~ Street trees that are planted c-oser than five (5) feet to a street sidewalk or street
curb shall be planted with a root barrier.
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(fl If prohibited by the jurisdictional authority or in locations where the presence of
underground or overhead public utilities makes the installation of street trees impracticable,
said trees shall be .installed on site or the Applicant shall gay a fee into the City's Tree Bank
equal to the cost of providing and installing said trees.
{~ (41 Setback from Trees
No paving may be placed within ten (10) feet of any existing tree retained that is 18" or more
DBH, unless approval has been obtained from the City Arborist.
{€} (~ 6a~ep-~ Large Trees in Buffer Areas: Required y lar a trees may be provided in
landscape buffer areas, interior landscaped parking areas or perimeter parking buffer yards.
Specific Trees Encouraged: The use of trees known to provide food for birds is
encouraged to attract birds and reduce mosquito population.
(C) Medium and Small Trees
All medium and small trees shall have a minimum trunk caliper measurement of two and one
half (2 %Z) inches measured at six (6) inches above grade at the time of tree installation, except
for multi-stemmed species which shall have a minimum container size of forty-five (45) gallons.
Section 12.4 Buffer Yards
Oviedo Land Development Code
XII-8
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
Landscaped buffer yards shall be required to provide visual relief from building mass and paved
areas; to separate different land uses; eliminate or minimize potential nuisances such as dirt, litter,
noise, and glare; reduce adverse impacts of noise, odor, or danger from fires; and to assist in
reducing air pollution hazards.
TAB LE 12 .42: TAB LE O F PR OPOSED BU FFER YA RDS
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Y N 4} ++ ~ ~ ~
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Principal Land Use 4Y
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a
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(Accessory Use) ° ~
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p ?~ ~ ~ -~ U 4 V 0: ~~ o o i ,
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a I
5F Kesidential 1
l ) 1
( )
(1)
(1) - --
C 1 ~--
~iA 1 _ B -_-
(1) `-_-_
(1)
-----
(1/ (1) (1)
- --
(1)
MF Residential Al Al Al A2 C1 ~A1 B B Al Al Al Al Al Al
MF Residential (Vehicular Use A2 A2 A2 A2 C2 ~A1 B B A2 A2 A2 A2 A2 A2
Areas)
MF Residential A2 A2 A2 A2 C2 I~A1 B B A2 A2 A2 A2 A2 A2
(Service/Loading Areas)
Mobil Homes Al Al Al Al C1 BA1 B B B B B Al Al Al
Mobil Home Service /Loading A2 A2 A2 A2 C2 )~A1 B B B B B A2 A2 A2
Areas
Office Al Al Al Al C1 ~A1 B C1 Al Al Al Al Al Al
Office Vehicular Use Areas A2 A2 A2 A2 C2 ~A1 B C2 A2 A2 A2 A2 A2 A2
Office Service /Loading Areas A2 A2 A2 A2 C2 ~A1 B C2 A2 A2 A2 A2 A2 A2
Commercial Al Al Al Al C1 ~A1 B C2 C2 Al Al Al Al Al
Commercial (Vehicular Use A2 A2 A2 A2 C2 ~A1 B C2 C2 A2 A2 A2 A2 A2
Areas)
Commercial (Service/Loading. A2 A2 A2 A2 C2 ~A1 B C2 C2 A2 A2 A2 A2 A2
Areas)
Industrial -Light A2 A2 A2 A2 C2 ~A1 B C2 C2 B A2 A2 A2 A2
Industrial -Heavy A2 A2 A2 A2 C2 ~A1 B C2 C2 C2 A2 A2 A2 A2
Public/Institutional Al Al Al Al C1 Al B B B B Al Al Al Al
Foot Notes: 1.The .symbol (1) indicates exemption
Oviedo Land Development Code
XII-9
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
(A) Buffer yards shall be located at the perimeter of the land use and shall not be located in any
portion of a public or private right-of-way, unless provided for in a recorded landscape
easement.
(B) Buffer yards shall be provided for each proposed use, according to Table 12.2 -Table of
Proposed Buffer Yards.
(y) Cve mr~4i~r~c~
~~~~~€, I _1 AI A_1 ~n.a Q 7 .dio+rin+n c.h~+ll ho ovomr~+fr.,m .+II h. ~fF.~.r...-,r.-1
ron~ 'romon+c +h +h.en +ho frr~n+Ii~rrl ro.a I o on+n fn ~~o,.;.,.r.,.,,r,-;a„r~ gufferyards shall not
1+1.111111,.1 1 11,.1 lJ V CI VT if
be required adjacent to property lines for which the property zoning district designates a zero
(0) foot building setback.
(D) Buffer Yard Composition
Buffer yards may be composed of a brick wall, a fence, landscaped earth berm, planted
vegetation, and/or existing vegetation. They may contain joint access driveways, joint parking
lots, sidewalks (perpendicular to the buffer yard for access to streets or adjacent properties)s
and pedestrian or bike trails as approved by the Land Use Administrator. A six (6) foot high
decorative brick wall consistent with the surrounding neighborhood and subject to the
government body's approval shall be required between .commercial and residentia- zoning
districts. Chain link fences shall have a vinyl coating.
(E) Buffer Yard Descriptions
The minimum criteria for those buffer yards identified in Table 12.E 2 are described in Table
12.3, Table of Buffer Yard Descriptions.
Type ~',
Description
Al Minimum width of 10 feet.
Minimum lacement of lar e trees at a rate of 3 trees er 100 linear feet of buffer and len th.
A2 Minimum width of 10 feet.
Minimum placement of eanepy large trees at a rate of 3 trees per 100 linear feet of buffer yard length.
Minimum placement of t~ey'medium and/or sma-I trees at a rate of 3 trees per 100 linear feet of
buffer and len th.
B Minimum width of 15 feet.
Minimum placement of c~nepy large trees at a rate of 3 trees per 100 linear feet of buffer yard length.
Minimum placement of t~er~ter-y medium and/or small trees at a rate of 3 trees per 100 linear feet of
buffer and len th.
C1 Minimum width of 20 feet.
Minimum placement of sanepy large trees at a rate of ~ 3 trees per 100 linear feet of buffer yard
length.
Minimum placement of 1 ~'~,-I~tor~ medium and/or small trees at a rate of ~ 5 trees per 100 linear feet
of buffer and len th.
C2 Minimum width of 30 feet.
Minimum placement of c-a~y large trees at a rate of ~ 3 trees per 100 linear feet of buffer yard
length.
Minimum placement of t~ea'ster~ medium and/or small trees at a rate of 3 5 trees per 100 linear feet
of buffer and len th.
TABLE 12.a 3: TABLE OF BUFFER YARD DESCRIPTIONS
Oviedo Land Development Code
XII-10
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
Note: For the purposes of this Table, the mature height of small trees shall reach a minimum
of fifteen (15 feet) according to the growth height specification for small tree classification in
the latest edition of the Florida-Friendly Plant List in "Florida Yards & Neighborhoods".
(F) Buffer Yards Included in Sefback Requirements
Buffer yards may be counted toward satisfying zoning district y~ building setbacks, open
space requirements and may be used for passive recreation.
bi~~e~ratas~-s ~p~,~.~+~Lan,~ ~ ~~o n~,,,.,,.,,~+r~+,,. In no event, however, shall the
following uses be permitted in buffer yards: play fields, stables, swimming pools, tennis
courts, parking lots (except as provided for in Subsection D, above)', equipment storage and
other open storage, buildings, or overhangs. A maximum of 25% of the required buffer yard
may be used for storm water retention/detention facilities, as Tong as the required description
criteria are maintained.
Section 12.5 Principal and Accessory Use Areas Landscaping
(A) Vehicular Use Area Landscaping
Vehicular use areas, interior to the required land use buffer yards, shall be landscaped
according to the following minimum criteria:
(7) Landscaped Surface Area
All vehicular use areas shall provide and maintain an area within the vehicular land use
area measuring no less than 10% of the entire vehicular use ground surface area.
(2) Landscaped Surface Types
Landscaped Island Areas and/or Landscaped Divider Strips between parking rows shall be
used to meet these requirements.
{~}~ Landscaped Island Areas
Landscape islands shall be provided and maintained after every 10 parking spaces
and as terminal ends to all parking rows. The minimum dimension of any landscaped
island area shall be eight (8) feet in width as measured from the back side of any
protective curbing, and shall be equal in length to the adjacent parking space. Each
landscaped island area shall contain at least one y large tree. All other
landscaped areas within the vehicle accommodation area shall be subject to the
requirements of Section 12.2, General Landscaping Requirements.
(b) Landscaped Divider Strips
The minimum width of a landscaped strip shall be five (5) feet. If it includes a
lengthwise walkway, its width shall be a minimum of nine (9~ feet. Each landscape
strip shall include large trees planted with a maximum spacing of not more than thirty-
five feet on-center (35' o.c.). Each landscape strip shall include low water use plant
material as identified in the latest edition of the Florida-Friendly Plant List in "Florida
Yards & Neighborhoods". When landscaped strips extend for more than ten (10)
parking spaces, such landscaped strips shall be provided with a crosswise walkway to
facilitate pedestrian movement.
(B) Reserved
Oviedo Land Development Code
XII-11
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
Section 12.6 Maintenance
The maintenance of all buffer yards, trees, plantings, and landscape related improvements shall be
the responsibility of the property owner or property owners' association, as applicable. Failure to
maintain such plantings and related improvements in an attractive and healthy state shall be
considered a violation of this code. Required buffer yard and shade y large trees must be
maintained to facilitate their natural growth characteristics and form, and maybe pruned only for the
purpose of maintaining vigorous, healthy growth or to provide for the health, safety and welfare of
the public. All required landscaping must be maintained to promote vigorous and healthy growth.
Section 12.7 XeriscapeT"" Florida-Friendly Landscape
(A) Purpose
XeriscapeT"" Florida-Friendly Landscape is a set'of landscape design and maintenance
principles which promote good horticultural practice and the economic and efficient use of
water. The term XeriscapeT"' is the registered trademark of the National Xeriscape Council
and means water conserving, drought tolerant landscaping or simply the use of appropriate
plant materials that do not require special attention and which require little supplemental water
to grow properly. XeriscapeT"" designs do not resemble desert landscapes, but reflect the lush
traditional appearance of Florida gardens. Because water restrictions have become a
common occurrence in Central Florida, the City is incorporating water conserving landscape
standards into this Section.
(B) v°~~pe~' Design
~"--des+ge
~e~elop~e~a#~- ate-~-af4--e~tk~e~de~Fek~{ar~e+~~s~#e-Xt~i~caffe~"'-p;;;,~i~~les~^'~
Site development plans shall be designed to retain and incorporate into the plan as many
existing trees as possible. Building and parking lot locations, sizes, and shapes will be
altered as feasible in order to preserve existing trees. '^c+~no.~ +r°°~ .,.,,~ n~.,n+ .,,~+o.,.,~~
Plants with similar water and cultural (soil, climate, sun, and light
requirements shall be grouped together. The water use zones shall be shown on the
irrigation, layout, and planting plans. Where natural conditions are such that irrigation is
not reauired. the presence of site appropriate plants shall not be considered a high water
use zone.
(7) Water Use Zones
Oviedo Land Development Code
XII-12
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
Installed trees and plant materials shall be grouped together with plants of the same water
use needs and climatic requirements into zones. Low water use plants may be placed in
medium and high water use zones. Medium water use plants maybe placed in high water
use zones. High water use plants shall not be used in low or medium water use zones.
Medium water use plants shall not be used in low water use zones. The water use zones
shall correlate to the water use zone designations of plants listed in the latest edition of the
Florida-Friendly Plant List in "Florida Yards & Neighborhoods" as described below. The
water use zones shall be graphically shown and their areas quantified in sauare feet or
acres and relative percentages on the Landscape Plan. Installed trees and vegetation
shall be spaced and located to accommodate their mature size on the site. The Water
Use Zones are as follows:
(a) Low Wafer Use Zone (L)
. Low Water Use
Zones shall comprise a minimum of forty percent (40%) of the total landscaped area.
(b) Meelera-te Medium Water Use Zone (M)
norlnr~c ~~ie,~~~nll lrl^c C# Al lnl lc#in^ Rnhi.~ nrl r! r~#h~ +I l~r~n o~?~~~. Medium
Y~°~ , ,
Water Use Zones shall comprise a maximum of thirty percent (30%) of the total
landscaped area.
(c) High Water Use Zone (H)
,#,#i+inn #n fi Ir~l f II # Thic ~nr~^ irinll ir#nc fi Irfrrrncc ^r^^c High Water
UV UIIIVII lV IIU IUI UI IU1111 UII lV JUI{ITT/V.
Use Zones shall comprise a maximum of thirty percent (30%) of the total landscaped
area. All portions of high water use zones shall be provided with central automatic
irrigation systems.
(d)
Low and me medium water use zones shall comprise at least 69 seventy
percent 70% of the landscaped area. If the High Water Use Zone area comprises
-ess than thirty percent (30%) of the landscaped area, the Applicant can increase the
Medium Water Use Zone area to an amount equal to or less than the amount of the
Low Water Use Zone area.'
(2) Plant Selection
nh.,r+lh,~~~y , h^ ~^I^,.+^,~ fr,.r~, +h^ or^f^rr^,r of^r,+ I i~+. Plant selection shall be
based on the plant's adaptability to the existing conditions present at the landscaped area
and native plant communities, particularly considering appropriate hardiness zone, soil type
and moisture conditions, light, mature plant size, desired effect, color and texture.
(3) Removal of Prohibited Plant Species
All prohibited plant species shall be removed from each site prior to the beginning of
construction. For purposes of determining plant species to remove, refer to Table 15.3,
Prohibited Plant List, Section 15.2, Tree Protection, Removal, and Replacement.
Oviedo Land Development Code
XII-13
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
{3)-~ Turf/Turfgrass
+ase-T#~e-~a~-~dsFape-R~aa--sfia~a~el-~I~e-~-° ^{ + ~ The type and location of
turf/turfgrass areas shall be selected in the same manner as with all the other plantings
Irrigated turf/turfgrass areas are considered to be high water use zones. Irriaated
turf/turfgrass areas shall not be treated as a fill-in material but rather as a planned element
of the landscape. Turf/turfgrass areas shall be identified on the landscape plans
{4}(5) Mulch
ron~ ~~.^rl in r+nn~,.,~ h^~,~ A layer of mulch to a minimum depth of three (3) inches shall be
required in plant beds. Organic mulches are preferred. Gravel, riverrock shell and similar
materials may be used as landscape mulch. Mulch rings shall extend to at least three (3)
feet around freestanding trees and shrubs. Mulches shall be kept at least twelve~12 inches
awav from any portion of a building or structure and six (6) inches awav from stems of plants
or trunks of trees. Plastic sheeting and other impervious materials shall not be used under
mulched areas.
~} ~ Irrigation
The irrigation system shall be designed to correlate to the organization of plants into zones
as described above according to the specifications described in Article XVI, Section 16.4,
Landscape Irrigation Facilities. f~~e-a~~;:a~e~~hatl--be as ~d~r~~~a'~~~~la#I~T-I~^~~
nl~i ~~ii+h'n Ffl f^^+
vu^
Section 12.8 Lake Edge Landscaping
Oviedo Land Development Code
XII-14
ARTICLE XII. LANDSCAPING, TREE PLANTING AND BUFFER REQUIREMENTS
(A) Planting along Water Bodies Required
Development sites abutting surface water bodies orwetlands shall be planted with appropriate
aquatic plantings, as shown in the Preferred Aquatic Plant List, along at least seven -five (75)
percent of the littoral zone or as required by the City Engineer or by the Florida Department of
Environmental Protection. Lake edge landscaping shall not include wet detention areas
unless determined as such by the City.
(B) Preferred Aquatic Plant List:
Lake edge landscape species selection shall be from Table 12.6 4- Preferred Aquatic Plant
List below or as approved by the City.
TABLE 12.fi4: PREFERRED AQUATIC PLANT LIST
UPPER LITTORAL ZONE
_ (6" above or below the normal water level) '~
Bald C ress -Taxodium disticum lar a native tree
Blue Fla Iris -Iris hexa ona native erennial
Giant Bulrush - Scir us califoricus tall exotic sed e from the American West
Golden Canna -Canna flaccida native (ant
Soft Rush - Junc~is effusus (native. plant)
_ MIDDLE LITTORAL ZONE _ _
__(from 1' to 3' below normal water level) _
__ _ _.
Arrowhead - Sa ittaria lancifolia native (ant
Pond C ress -Taxodium ascendens tar. a native tree
Pickerel Weed - Pontederia cordata (native perennial plant)
_-- __- __ - -__ _T_ ----_ ___~._
LOWER .LITTORAL ZONE _ __
__ __~om 3' to 5' below normal water lever _ _
Fragrant White Water Lily - Nymphaea odorata (native water lily) ~ ~~
Other aquatic plants may be used from the List of Aquatic Plants Found in Florida, as
prepared by the Florida Department of Environmental Protection, Bureau of Aquatic Plant
Management.
(C) Wetlands
Wetlands preserved in their natural state shall not be required to install additional lake edge
landscaping.
Oviedo Land Development Code
XII-15
CRAFT # 2'- GF-SEPTEMBER 14 2007
Sec. 16.1. Vegetation and Soil Protection.
Sec. 16.2. Tree Protection, Removal, and Replacement.
Sec. 16.3. Species of Special Concern, Threatened or Endangered.
Sec. 16.4. Wetlands Protection.
Sec. 16.5. Setbacks from Waterbodies.
Sec. 16.6. Wellfield Protection.
Sec. 16.7. Econlockhatchee River Protection Overlay Standards Classification.
Sec. 16.8. Conservation and Buffer Easements; Tracts and Zones.
Sec. 16.9. Borrow Pit, Mining and Excavation.
Exhibit A-Map
Exhibit B-Natural Area Land Cover Classification
Exhibit C-Selected Native Plants Recommended for Landscaping in Central Florida
Exhibit D-Wet Detention Systems
Exhibit E-Econlockhatchee River Basin Study
Exhibit F-Econlockhatchee River Task Force Recommendations
Oviedo Land Development Code
XV-1
[THIS PAGE INTENTIONALLY LEFT BLANK]
DRAFT ~ 2 - GF- SEPTEMBER 14, 2007
Section 15.1 Vegetation and Soil Protection
(A) Purpose and Intent
The purpose of this section is to prohibit the destruction of natural vegetation and the changing
of natural grades and drainage problems until a development order or development permit has
been approved. Additionally, this section provides for protective measures for both vegetation
and soils to be implemented prior to construction. Additional protection is provided for in other
sections of this article and of this LDC, including but not limited to, Section 15.4, Section 15.5,
and Section 15.8, and Section 12.3.
(B) Required Vegetation Preservation
The following preservation measures shall be implemented on all construction sites as
applicable:
(7) Clearing Procedure.
The applicant shall be responsible for insuring that all possible measures are taken during
the clearing process to avoid damage to trees and vegetation designated to remain after
construction. This shall include use of hand labor rather than large machinery where
necessary to protect trees to be preserved. All felled material shall be promptly and carefully
removed from the site in order to avoid potential damage to remaining trees and vegetation
and the harboring of insects, snakes, and rodents.
(2) Protective Barricades
Protective barricades shall be constructed (prior to clearing) around all trees and vegetation
designated to remain. These barricades shall be located at the dripline of the trees or
vegetation and shall be approximately three (3) to four (4) feet in height. Where this cannot
reasonably be accomplished, the applicant will locate the barricade as close to one (1) foot
away from the tree trunk for every diameter at breast height (DBH) inch as is practical or
reasonable, when approved by the Land Use Administrator or City Arborist. The barricade
should be rigid and sturdy enough to survive the construction period, however, any suitable
new or scrap material may be used in its construction. (With approval of the Land Use
Administrator or City Arborist, large wooded areas may be tagged or similarly designated
instead of barricaded.)
(a) Absolutely no fill, building materials, trash or other objects shall be placed inside
these barriers. If fill is deposited adjacent to these areas, a suitable temporary or
permanent retaining structure shall be constructed to prevent siltation of the
barricaded area.
(b) Barricades are to be adequately maintained and shall remain in place until their
removal or modification is approved in writing. Failure of the applicant to properly
locate and/or maintain the barricade may result in the issuance of a Class I or Class
II Citation (depending on the magnitude of the violation). Issuance of a stop work
notice ("red tag") and the requirement that the applicant provide a restoration plan to
the Land Use Administrator {or some combination of these, as determined
appropriate by the Land Use Administrator).
Oviedo Land Development Code
XV-3
DRAFT # 2 - GF- SEPTEMBER 14, 2007
(3) Use of Alternate Surfaces in Traffic Areas
Where traffic areas are proposed at or near natural grade, alternate pervious surfaces
such as "turf block" may be used in conjunction with stone or gravel. Specific details may
be approved by the development order or permit issuing authority.
(4) Excavations.
Swaling and minor negative grade changes should always be designed around the
dripline area as much as possible. Any exposed roots shall be trimmed. Piping should be
used where deep swales or ditches would require significant grade adjacent to trees.
(5) Trenching of any type should be avoided in the dripline area.
Where underground installations are required adjacent to the trunks of specimen trees,
tunneling should be used. When trenching or tunneling near trees to remain, protective
measures should be taken as specified in the Tree Protection Manual for Builders and
Developers.
(C) Required Soil Conservation
The following soil conservation measures shall be taken on all construction sites as
required:
(7) During Construction.
The contractor shall follow standard practices or details specifically included in his.
environmental permit to prevent erosion and the depositing of soils off the construction
site. These practices shall include the protection of bare soils from wind forces and
stormwater.
(2) After Construction.
All disturbed areas shall be mulched, seeded, or sodded to restore the original
vegetation as required by the permit-issuing authority, and shall be maintained as such.
The removal or lack of maintenance of vegetation resulting in on-site and/or off-site
erosion (sedimentation or siltation or both) or wind-blown loss of soils shall be deemed a
violation of this section.
(D) Disposal of Debris
(1) The burying of rubbish, logs, lumber, building materials, underbrush, trash or other
matter which would decompose or allow the land to thereafter settle is hereby
determined to be a change or modification of the grade of land for which no permit shall
be issued except upon certification to the Land Use Administrator that the same is
necessary or desirable in the public interest.
(2) Every effort shall be made by developers, builders, and contractors to minimize the
amount of construction and demolition debris disposed of at the county's landfill. When
properly permitted and operated, landfills specializing in construction and demolition
debris should be used, as should proper burning of certain types of trash. Mulching and
composting should also be utilized whenever feasible. Recycling of certain aluminum,
Oviedo Land Development Code
XV-4
DRAFT # 2 - GF- SEPTEMBER 14, 2Q07
plastic, glass and paper trash from construction activities should also be utilized when
available.
Section 15.2 Tree Protection, Removal, and Replacement
(A) Purpose and Intent
(1) Purpose.
The purpose of this section is to establish protective regulations for trees within the City
of Oviedo in order to maintain and protect the urban forest, control flooding problems,
reduce soil erosion, and reduce air and noise pollution.
(2) Intenf.
The intent of this section is to encourage the protection of the maximum number of trees
within the City Of Oviedo. It is further the intent of this section to encourage the
protection of trees native to Central Florida and the proper removal of exotic and
invasive trees.
(B) Tree Removal
(7) Permit Required.
No person shall engage in tree removal without first obtaining a clearing, grading, and
tree removal permit. The clearing, grading and tree removal permit, when issued, shall
specifically identify which trees shall be permitted to be removed. The removal permit
authorizes the removal of the trees specified therein. Nothing in this section shall be
construed to require the removal of such trees by the permittee.
(2) A clearing, grading, and tree removal permit may be issued for tree removal under any of
the following conditions:
(a) Trees located on building and construction sites as shown on City approved plans,
provided said trees are replaced elsewhere on the property in accordance with
Subsection (E}, tree. replacement.
(b) Trees located within ten (10} feet of a structure or other improvement, provided said
trees are replaced elsewhere on the property in accordance with Subsection (E), tree
replacement.
(c) Trees severely diseased, severely injured or dead.
(d) Trees that interfere with the construction or repair of public infrastructure and
facilities.
(e) Undesirable trees per Article ~ XII Landscaping, Tree Planting, and Buffer
Requirements.
(f) Trees removed by the city or other governmental agency and which are located
within a public road, drainage right-of-way, or permanent utilities and drainage
easements.
(g) Trees approved by the City Arborist provided said trees are replaced elsewhere on
the property in accordance with Subsection (E), tree replacement.
Oviedo Land Development Code
XV-5
DRAFT # 2 - ~F- SEPTEMBER 14, 20Q7
(3) When making a determination on whether a tree meets one (1) of the conditions set forth
in Subsection (B), tree removal, and therefore, whether to approve or deny an
application for clearing, grading, and tree removal permit under this section, the Land
Use Administrator or City Arborist shall apply one (1) or more of the following standards
of review as deemed relevant:
(a) Necessity to remove trees which pose a clear and obvious safety hazard to
pedestrian or vehicular traffic or threaten to cause disruption to public services or a
significant obstacle to accessing and utilizing public easements and rights-of-way.
b) Necessity to remove trees which pose a clear and obvious safety hazard to buildings
and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in
pavement, sidewalks, and non-occupied structures that are typically caused by
settling and small roots shall not be considered a safety hazard.
(c) Necessity to remove diseased trees or trees weakened by age, storm, fire, or other
injury or trees with severe structural defects that pose a clear and obvious safety
hazard to people, buildings, or other improvements on a lot or parcel of land.
(d) The extent to which tree removal is likely to result in damage to the property of other
owners, public or private, including damage to lakes, ponds, streams, or rivers
through runoff or erosion.
(e) Any proposed landscaping including plans whereby the applicant has planted or will
plant trees to replace those that are proposed to be cleared.
(f) Topography of the land and the effect of tree removal on erosion, soil retention and
the diversion or increased flow of surface water.
(g) Good forestry practices, such as the number of healthy trees that a given parcel of
land will reasonably support and the proven techniques that sustain healthy trees.
(h} Necessity to remove trees in order to construct approved and permitted
improvements to allow economic enjoyment of the property, including:
(i) Need for access around the proposed structure for construction equipment
(maximum of ten (10} feet).
(ii) Need for access to the building site for construction equipment.
(iii) Essential grade changes.
(iv) Need for locating street or road rights-of-way, utilities, drainage ways, as well as
the need to provide reasonable use and property access.
(i) The extent of any damage or demonstrated hardship which would result to the
Applicant from a denial of the requested permit.
(j) The species and size of the trees proposed for removal.
(k) The following factors shall also be considered:
(i) Trees forming the current canopy.
(ii) Preservation of the next generation of trees.
(4) Contractor License Required for Contractor Obtaining Permits.
Any person or entity engaged in the business of tree removal or pruning shall be
licensed by the City on an annual basis. Licenses may be obtained from the City by
completing an application and paying the required license fee. The license application
shall contain at a minimum the name, address, and telephone number of the contractor
and a copy of the contractor's occupational license and proof of liability and workers'
compensation insurance. It shall be unlawful for any person or entity to engage in the
business of tree removal or pruning within the City of Oviedo without a license. It shall
Oviedo Land Development Code
XV-6
DRAFT # 2 - GF- SEPTEMBER 14, 2007
also be unlawful for any such person or entity to fail to obtain a permit on behalf of a
property owner.
(5) Minimum Tree Requirement.
The issuance of a clearing, grading, and tree removal permit does not relieve the
permittee from minimum requirements of Article ~l XII, Landscaping, Tree Planting,
and Buffer Requirements, Section 12.3, ~` Trees, Subsection (B), y large
trees planting/preservation, Table -1-~3 12.1 Table of Planted/Preserved 6a-r~e~y~ Large
Trees.
(6) Champion Trees.
Notwithstanding any other provision of the section, champion trees shall not be removed
except for extraordinary circumstances and hardships. Removal of champion trees shall
require City Council approval.
(7) Restrictions on Tree Removal after Permit Expiration.
Trees not removed during the life of the permit may not be removed without the issuance
of a new permit based upon a new application.
(C) Tree Pruning Standards
(7} Standards.
Trees intended for shade purposes shall be allowed to reach mature canopy spread and
shall be pruned in accordance with the ANSI A 300 Part 1 Pruning standard and ANSI
2133.1 Safety standard. Pruning should be performed with defined pruning objectives
and according to a specific pruning plan to accomplish the objective including the
minimum and/or maximum branch size to be removed.
(2) Unlawful Pruning.
The pruning techniques described in Subsection (F), prohibitions, shall be deemed
unlawful.
(D) Tree Designation
(1) Certain trees, herein referred to as "heritage" or "champion" trees, are of especially great
concern to the public because of ecological value, of indigenous character, size, age or
historic association.
(2) Champion Trees.
Determination that a tree is a champion tree shall be made by the City Council after a
recommendation of the City Tree Board. The City Arborist shall keep a permanent
record of all trees so designated by the City Council. The City Council may grant tree
replacement credits, upon granting a champion tree designation. Designation of a tree
as a champion tree may occur in any one (1) of the following ways:
(a) An applicant may request designation of a champion tree as part of any master plan,
preliminary subdivision plat, or site plan application. To do so, the applicant shall
Oviedo Land Development Code
XV-7
DRAFT # 2 - GF- SEPTEMBER 14, 2007
submit an expert evaluation by a landscape architect, horticulturalist, certified
arborist, or other horticultural expert as part of the application.
(b) A property owner may request such designation at any time. To do so, the property
owner shall submit an expert evaluation by a landscape architect, horticulturalist,
certified arborist or other horticultural expert.
(c) The City's Arborist may recommend such designation as part of the review of any
application for development, stating in writing the reasons for such designation, or
may make such designation as part of an overall tree protection planning program for
the City or portion thereof.
(3) Heritage Trees.
Heritage trees are all trees (other than "undesirable trees" identified in Article ~ XII,
Landscaping, Tree Planting, and Buffer Requirements, dead trees, or diseased trees) which are
have a DBH of thirty (30) or more inches.
(E) Tree Replacement
(1) All trees that are removed or destroyed and subject to replacement by this section shall
be replaced by a species of tree listed in .~4La~ads~a~+r~-,~e~ ~~~^+~^^ ~^~
~;ffe~-F~~eq-u+rer~er~s, T~h~~~r~~-oa o~ „+ ~ ~~+ the latest edition of the Florida-
Friendly Plant List in "Florida Yards & Neighborhoods" edited by the University of
Florida, Institute of Food and Agricultural Sciences (UF/IFAS) or such other trees
properly approved by the City Arborist, in accordance with the replacement tree
schedule provided in Table 15.1, Tree Replacement Schedule, except that the required
number of replacement trees shall not exceed two (2} times the number of y large
trees required in accordance with Article ~ XII, Landscaping, Tree Planting, and Buffer
Requirements, Table ~-12.1, Table of Planted/Preserved y Large Trees.
Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is
pending) or occur within thirty (30) days of removal or destruction, whichever date is
earlier, unless a greater replacement period is provided for good cause within a clearing,
grading, and tree removal permit.
TABLE 15.1: TREE REPLACEMENT SCHEDULE
DBH -Removed Tree !, Number of Replacement Trees
__
__
8" up to but not includin 12" 1 tree
12" u to but not includin 18" 2 trees
18" up to but not includin 24" 3 trees
24" up to but not includin 30" 4 trees
Herita e and Cham ion Trees inch for diameter inch removed
(2) Criteria for Replacement Trees.
(a) Characteristics of Rep/acemenf Trees.
The replacement tree(s) shall have at least equal shade potential, screening
properties, and/or other characteristics comparable to that of the tree(s) requested to
be removed.
(b) Size of Replacement Trees.
Oviedo Land Development Code
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DRAFT # 2 - GF- SEPTEMBER 14, 2007
Replacement tree(s) are to be a minimum of two and one-half (2,/z) inches caliper.
Replacement tree(s) that are a minimum of four (4) inches caliper shall be counted
as two (2) replacement trees and replacement trees that are a minimum of six (6)
inches caliper shall be counted as three (3) replacement trees.
(c) Tree Species.
Relocated or replacement trees shall include only species listed in Artic;° vl~r
I aid-sc-ap+~g~ee--P-tang-arid-B~#~~eq-a+r~~ts T~fe„~,-,~a~isT the
latest edition of the Florida-Friendly Plant List in "Florida Yards & Neighborhoods"
edited by the University of Florida, Institute of Food and Agricultural Sciences
OF/IFAS or as approved by the City Arborist.
(d) Transplanting and Maintenance Requirements.
All trees transplanted pursuant to this subsection shall be maintained in a healthy,
living condition. Any such trees which die shall be replaced and maintained by the
property owner. The City shall retain jurisdiction for one (1) year to ensure
compliance with this subsection.
(3) Tree Replacement Guidelines.
(a) All Plant material specified shall be Florida Grades and Standard One (1) or better.
(b) If the City Arborist determines, due to site conditions or configuration, it is impossible
or impracticable for the applicant to meet the requirements for tree replacement
under this subsection, the applicant may be allowed to pay fees into the City's Tree
Bank per Subdivision (5), City Tree Bank.
(c) For new development, tree replacement credit shall be allowed for the preservation
of existing desirable trees on the development site, excluding wetland and other
conservation areas, as follows:
TABLE 15.2: REPLACEMENT TREE CREDITS
___ _ _ _ _
c.r~ ~i riGaatvcu i ~et?~,
8" up to but not includin 12" ~ KHFJIc]GeR1Qf1L A fB@ l.r@C]ILS
1 tree
12" up to but not includin 18" 2 trees
18" u to but not includin 24" 3 trees
24" up to but not includin 30" 4 trees
Herita e and Champion Trees inch for diameter inch preserved
(d) Diversity of species shall be required for replacement trees and not more than fifty
(50) percent of the replacement trees shall be of a single species.
(e) Replacement Cost.
The Applicant shall be responsible for the cost of replacing the trees removed from
their property.
(4) Elimination of Undesirable Trees and Shrubs.
The natural vegetative communities existing within the City shall be protected by the
control and elimination of invasive, nonnative species. To that end, the following
guidelines shall apply:
Oviedo Land Development Code
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DRAFT # 2 - GF- SEPTEMBER 14, 2007
(a) Planting of Trees or any other plant species listed in A~#+sle~x~4fl-~ '~~~,,;~~,~„g-
Tree-R~ag~d~a##er~~eq~+rer-eeets;~-ab~le~3.'', °~~;t°~' D1~°~i~t Table 15.3,
Prohibited Plant List below is prohibited. Plant species which are prohibited from time
to time by the Florida Department of Environmental Protection (FDEP) and the
Florida Department of Aariculture and Consumer Services (FDACS) are also
prohibited.
(b) Removal of Trees listed in y4~4e~Xa~a~-s~~p+r~g~ee--P~a+~#+^~at~a--per
°°^~ ~~~°^,°^+° Table ~, 15.3 Prohibited Plant List, from commercial, office,
industrial, or multifamily sites (excluding jurisdictional wetlands) shall be completed,
whenever practicable, as a requirement for approval of any development order or
permit issued by the City or the issuance of a certificate of occupancy, if applicable.
(c) Control and elimination procedures shall in no way promote the proliferation of the
species through the dispersal of seed or other vegetative reproducing parts.
d) Control and elimination procedures shall in no way harm or cause the decline of
preserved or planted trees and landscaping.
TABLE 15.3: PROHIBITED PLANT LIST
BOTANICAL NAME
I
Acacia auriculiformis - - _i
1
COMMON NAME LISTING
Ear Leaf Acacia
Albizia ~ulibrissin Mimosa
Albizia lebbeck Woman's Tan ue
Casuarina spp. Australian Pine Suckering Australian P
Pine
Colocasia esculents Wild Taro
Cupanoipsis anacardioides Carrot Wood N
Dioscorea s Win ed Yam Air Potatoe N
Eichhornia spp. Water H acinth P
Enterolobium c clocar um Ear Tree
Grevillea robusta Silk Oak
H drills verticillata H drills P U
H ro hila of s erma Green H ro P U
Im erata c lindrical Co on Grass
Ipomea aquatics Water Spinach P U
L odium s Ja anese Climbin Fern
Old World Climbin Fern N
Malaleuca leucadendron Punk Tree P,N,U
Melia azedarach Chinaberr
Ne hrole is s Sword Fern & Asian Sword Fern
Paederia spp. Onion Vine & Skunk Vine N
Pistia stratiodes Water Lettuce P
Pueraria Montana Kudzu Vine
Ricinus communis Castor Bean
Sapium sebiferum Chinese Tallow, Popcorn Tree N
Schinus terebinthifolius Brazillian Pepper P N
Solanum spp. Soda Apple
S n onium odo h Ilum Arrowhead Vine
Tetra anax a riferus Rice Pa er Plant
Thespesia populnea Sea Side Mahoe
Oviedo Land Development Code
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DRAFT # 2 - GF- SEPTEMBER 14, 2007
* P =Prohibited by FL Dept of Environmental Protection; N =Noxious weed listed by FL Dept of
Agriculture & Consumer Services U =Noxious weed listed by US Department of Agriculture
(5) City Tree Bank.
A City Tree Bank is hereby established. If the City Arborist determines, due to site
conditions or configuration, it is impossible or impracticable for the applicant to meet the
requirements for tree replacement under this subsection, the applicant may be allowed
to pay fees into the City's Tree Bank. Monies collected in the tree bank shall be used
exclusively for planting of trees on public lands. The value amount to be paid into the
tree bank shall be set forth by City Council Resolution. A contribution to the tree bank
may be reduced by the City Council on a case-by-case basis.
(F) Prohibitions
(7) Placement of Materials, Machinery, or Temporary Soil Deposits.
It shall be unlawful to place material, machinery, or temporary soil deposits within the
tree protection zone before or during construction. Before or during construction the
builder shall erect and maintain suitable protective barriers around all trees to be
preserved. Upon written request, the City Arborist, on a case by case basis, may allow
material or temporary soil deposits to be stored within the protective barrier if no other
storage is available.
(2) Climbing Spurs.
It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of
alive tree, where such device causes the puncture or tears the bark of the tree.
(3) Tree Spiking.
It shall be unlawful to introduce any type of poison or reactive material to a tree for the
purpose of causing it to die or become diseased.
(4) Structure and Pavement Location.
It shall be unlawful to place any structure or impervious paving within an eight-foot radius
of any tree trunk or stem having a diameter of eight (8) inches or more DBH.
(5) City Trees.
It shall be unlawful to remove any tree which is within the City's rights-of-way or upon
any other City property without the permission of the City evidenced by the appropriate
permit.
(6) Attachments.
It shall be unlawful to attach anything to a tree or stem, including nails or spikes, other
than protective wires, braces or other similar non-injurious materials.
(7) Cuf and Fill Guidelines.
It shall be unlawful to remove or add any material or ground within the tree protection
zone unless otherwise permitted by the City Arborist.
Oviedo Land Development Code
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DRAFT # 2 - GF- SEPTEMBER 14, 2007
(8) Encroachment of the Drip Line.
During the construction stage of development, the applicant shall not cause or allow land
clearing, the use of heavy equipment or material within the drip line of any tree or groups
of trees to be retained. Neither shall the developer cause or allow the disposal of waste
material such as paint, oil, solvents, asphalt, concrete, mortar or any other material
harmful to the life of a tree within the drip line of any tree or groups of trees, or where
planting beds are to be situated.
(9) Shearing, Hat Racking, Topping or Poodle Trimming of Trees (Lollipop), Lions-
Tailing, Pollarding of Trees.
Trees intended for shade purposes shall be allowed to reach their mature canopy
spread. It shall be unlawful to engage in excessive pruning techniques on trees intended
for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a
permit by demonstrating necessity or without a permit in times of emergency only. The
following are deemed unlawful excessive pruning techniques which are prohibited on
shade trees:
(a) Lions Tailing.
The improper practice of removing most secondary and tertiary branches from the
interior portion of the canopy leaving most live foliage at the edge of the canopy.
(b) Topping, hat racking, stag heading, de-horning, lopping, and rounding over: the
improper practice of reducing tree size by making heading cuts through a stem more
than two (2) years old; a pruning practice that destroys tree architecture and serves
to initiate discoloration and decay in the cut stem.
(c) Pollarding.
The pruning technique that removes sprouts back to .the same location annually or
biannually maintaining a tree to a specific height.
(d) Shearing.
A pruning technique which is typically accomplished with cuts made through wood
less than a year old at the sides of the canopy to create uniform dense canopies.
(e) Poodle Trimming.
Combines shearing and removing lower limbs to create tree forms that look like a
"lollipop."
(10) Construction near adjacent property, walls, structures, and pavement shall not be
constructed in any way which will result in damage to roots within the tree protection
zones of trees located on adjacent properties.
(G) Tree Protection during Development and Construction
(7) Restrictions During Construction.
It shall be unlawful for any person, during the construction of any structures or other
improvements, to place solvents, petroleum products, paint, masonry materials,
construction machinery, or temporary soil deposits within the drip line of any tree. This
provision includes soil that is placed in the drip line permanently for the purpose of a
grade change, unless the grade is changed according to the guidelines described in the
Oviedo Land Development Code
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DRAFT # 2 - GF- SEPTEMBER 14, 2007
Florida Division of Forestry, Department of Agriculture and Consumer Services
Publication, Tree Protection Manual for Buildings and Developers.
(2) Burden of Tree Protection.
It shall be the responsibility of an applicant and his/her agents to ensure the protection
and survival of any retained or replacement tree shown on the tree inventory. The
property owner shall guarantee survival of retained trees and replacement trees for one
(1) year from completion of permitted construction, unless a greater time period is
required by development agreement, order, or permit. If a retained or replacement tree
dies during that time period, the property owner shall replace the tree in accordance with
a remedial action approved under Subsection (J), violations and remedial actions.
(3) Protective Barricades Required.
Protective barricades shall be constructed (prior to clearing) around all retained trees as
required in Section 15.1(8)(2), Vegetation and Soil Protection, Subsection (B), required
vegetation preservation.
(4) Site Inspections.
The City Arborist or designated City Inspector may conduct periodic inspections of the
site. It is the responsibility of the applicant and their agents to ensure that all provisions
of this section are met.
(5) Adjacent Properties.
The applicant and their agents shall ensure that the protection zones of trees located on
adjacent properties are protected as required by this subsection for trees located on the
site being developed.
(H) Voluntary Tree Planfing
This section shall not be interpreted to restrict, regulate or limit the voluntary planting of any
tree within the City. The provisions of this section govern only the planting of trees which are
required to be planted or retained. Trees or plants planted in the City's rights-of-way are
subject to removal or trimming by the City at any time.
(1) Incentive Program
Incentives for the purposes of protecting and preserving mature trees and planting
enhanced landscaping may be approved as part of development agreement, order or
permit. Such incentives shall have a public benefit and may include, but are not limited to,
deviations from the minimum standards of this LDC (e.g. parking; setbacks). Any incentives
granted under this subsection shall be consistent with the Comprehensive Plan.
(J) Violations and Remedial Acfions
(?) Separate Violation.
It shall be a separate violation for each tree removed and for each day a person is
engaged in land clearing or grading without a permit.
(2) Violations Require Remedial Action.
Oviedo Land Development Code
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DRAFT # 2 - GF- SEPTEMBER 14, 2007
Where violations have occurred, remedial action shall be taken to restore the property
consistent with a restoration plan approved by the Development Review Committee. The
restoration plan may require tree replacement per the replacement schedule in Table
45~ 15.4, Tree Replacement Schedule for Violations, mitigation of any other damage to
the property, and payment to the City's Tree Bank, or any combination thereof.
TABLE 15.34 TREE REPLACEMENT SCHEDULE FOR VIOLATIONS
_. ~
8" u DBH -Removed Tree
_~_. ---_ __
to but not includin 12" ( Number of Replacement Trees
t
-- _ __ - a _
2 trees
12" u to but not includin 18" 4 trees
18" u to but not includin 24" 6 trees
24" u to but not includin 30" 8 trees
Herita a and Champion Trees+ 2 inches for diameter inch removed
(3) Survival of Replacement Trees.
The Applicant shall guarantee the survival of replacement trees for a period of two (2)
years from the date the certificate of occupancy or certificate of completion is issued,
unless a greater time is required by the restoration plan. If the replacement tree dies, the
tree shall be replaced in accordance with this section.
(K) Enforcement; Penalties
(7) Enforcement.
The City may enforce the provisions of this section by any lawful means including, but
not limited to, issuing a civil citation, bringing charges before the City's Code
Enforcement Board, and seeking injunctive and equitable relief. For purposes of
determining the penalties provided under this section, the removal or death of a tree in
violation of this section shall be deemed irreparable or irreversible.
(2) Penalties.
In addition to all other remedies set forth in this section, one (1) or more of the following
civil fines shall apply to violations:
(a) Failure to Obtain a Clearing, Grading, and Tree Removal Permit.
Fine of two hundred fifty dollars ($250.00) per tree or five hundred dollars ($500.00)
per heritage or champion tree removed, not to exceed five thousand dollars
($5,000.00).
(b) Removal of a Tree without a Permit.
Fine of fifty dollars ($50.00) per caliper inch, not to exceed five thousand dollars
($5,000.00) per tree.
(c) Removal of a Heritage or Champion Tree without a Permit.
Fine of one hundred dollars ($100.00) per caliper inch, not to exceed five thousand
($5,000.00) per tree.
(d} Failure to Abide by a Cease and Desist Order.
Fine of two hundred fifty dollars ($250.00) per day (first offense); five hundred dollars
($500.00) (second and each subsequent offense).
(e) Failure to Obtain a Contractor's License.
Oviedo Land Development Code
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DRAFT # 2 - GF- SEPTEMBER 14, 2007
Fine of two hundred fifty dollars ($250.00) (first offense); five hundred dollars
($500.00) (second and each subsequent offense).
(fl Failure to Abide by fhe Requirements of Subsection (G), Tree Protection during
Development and Construction.
Fine of two hundred fifty dollars ($250.00) per occurrence.
(g) Any Other Violation of Section 16.2, Tree Protection, Removal, and
Replacement.
Fine as provided by law and this section.
(3) Civil Fine Determination.
In determining the amount of the civil fine under Subsection (K) above, the following
factors shall be considered:
(a) The gravity of the violation.
(b) Any actions taken by the violator to correct the violation.
(c) Any previous violations committed by the violator.
(d) The number and size of the trees removed, if any.
(e) The historical significance of the any tree removed.
(f) The remedial actions offered by the violator to restore the property.
Oviedo Land Development Code
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WATER CONSERVATION ORD -DRAFT#4 _ GF -JULY 27, 2007
ARTICLE XVII BASIC DEFINITIONS AND INTERPRETATIONS
General: Unless otherwise specifically provided, or unless clearly required by the context, the
words and phrases defined in this section shall have the meaning indicated when used in this
LDC.
Abandoned Application: An application shall be deemed abandoned when no activity occurs for
twelve (12) consecutive months. The Land Use Administrator shall issue a Notice of Abandoned
Application to the applicant. Any submittal after the issuance of a Notice of Abandoned Application
shall constitute a new application.
Abated Application: An application shall be deemed abated when no activity occurs for six (6)
consecutive months. The Land Use Administrator shall issue a Notice of Abated Application to the
applicant. Any submittal after the issuance of a Notice of Abated Application shall require the
payment of an Abated Application fee and must comply with any amendments to this LDC, the
Engineering Standards Manual, or Florida Fire Prevention Code adopted after the last review of the
application.
Accessory Use: The use of a structure of a nature customarily incidental and subordinate to the
principal use. No accessory structure will be allowed unless the principal use is in place or
permitted.
Accessory Structure: A structure on the same lot with, and of a nature customarily incidental and
subordinate to, the principal structure, such as the following:
a) Detached structure that does not exceed 12 feet in height and one-hundred twenty (120}
square feet of floor space. (Detached accessory structures in excess of one hundred twenty
(120) square feet must meet the setback requirements in Section 2-6.3). See Section 2-6.4
for accessory building setbacks. Mobile homes or trailers may not be used as storage
buildings.
b) Swimming pools.
c) Screen pool enclosure.
d) Air conditioners, satellite dishes, solar panels, or other accessory structures.
e) Antennas.
t) Boat Docks
g) Private Boat Ramps
h) Any material affixed to the structure.
~~iy zoo7 XVII-1
WATER CONSERVATION ORD - DRAfT#4 - GF -JULY 27, 2007
Addition: Any construction that adds or enlarges the size of an existing building. Additions also
include any extension or increase in floor area, or height of building or structure. Examples of an
addition are: porch, carport, new room, room configuration, etc.
Adjacent Areas: The transition zone between wetlands and upland communities where the
following development activities may be regulated:
a) Bulkheading (impounding, interrupting or diverting surface water)
b) Drainage ditches
c) Dredging
d) Filling
e) Hazardous material (storage, use or disposal of any hazardous material)
f) Solid waste disposal
g) Stormwater retention detention basins
The adjacent area is that area with a direct groundwater or surface water influence on the wetland
where development activities listed above may have an adverse impact on wetlands. In the absence
of sufficient information to determine the adjacent area, the area will be defined as all property
within three-hundred (300} feet of the wetland boundary.
Adult Congregate Living Facility: Any building or buildings, residence, private home, boarding
home, home for the aged, or other place licensed to serve clients of the Department of Children and
Family Services, which provides a living environment for 7 to 14 unrelated residents who operate as
the functional equivalent of a family, including such supervision and care by supportive staff as may
be necessary to meet the physical, emotional, and social needs of the residents.
Adult Entertainment: Any establishment defined within Ordinance 893 of the City of Oviedo as it
maybe from time to time amended.
Adverse Impact to a Wetland: The diminishing of wetland functions caused by a development
activity.
Affected Property Owner: Any person who resides, owns property, or owns a business within 200
feet of a property under consideration for development approval by the City.
Alcoholic Beverages: All beverages containing alcohol of more than one percent (1 %) by weight.
Alley: Right-of--way providing a secondary means of access and service to abutting property.
Applicant: A person or entity which submits an application for development approval to the City,
and the person or entity's successors and assigns.
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WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
Artificial Obstruction: Any obstruction, other than a natural obstruction, that is capable of
reducing the flood-carrying capacity of a stream or may accumulate debris and thereby reduce the
flood-carrying capacity of a stream. A natural obstruction includes any rock, tree, gravel or
analogous natural matter that is an obstruction and has been located within the floodway by a non-
human cause.
Assisted Care Living Facilities: Any building or buildings, or section or distinct part of a building,
private home, boarding home, home for the aged, or other residential facility, whether operated for
profit or not, which are licensed pursuant to Part III of Chapter 400, Florida Statutes, and which
undertakes through its ownership or management to provide housing, meals, and one or more
personal services for a period exceeding 24 hours to one or more adults who are ambulatory and not
relatives of the owner or administrator.
Attached Dwellings: Dwelling units which share a common wall or walls and have ground-floor
entrances to every unit, including but not limited to townhomes, duplexes, and triplexes.
c Irrigation Controller: A tirner~capable of operating; solenoid
tinge for prover application of water_ in each irrigation z~~ne_
Banner: A sign that is not permanently attached to a solid backing of wood, plastic, metal, masonry,
or similar rigid material. A flag is not a banner.
Base Flood Elevation: The elevation of a flood which has a one percent (1%} chance of being
equaled or exceeded in any given year. Base flood elevation is also known as the 100-year flood
elevation.
Bed and Breakfast Facility: An owner-occupied house, or portion thereof, where short-term
lodging and meals are provided for compensation.
Best Manaocn~ent Practices (SI~IPs); A practice or combination of practices based on
research, tield-testing, and etuert review, determined to be the most effective and practicable
Vin-location means, including economic and technological considerations, for improving water
quality, conserving water supplies, preventing t~ollufion, and urotectin~ natural resources.
Bicycle Lane: A portion of a roadway which may be designated by striping, signing, and pavement
markings for the preferential or exclusive use of bicyclists.
~~~y zoos XVII-3
WATER CONSERVATION ORD - DRAfT#4 - GF -JULY 27, 2007
Bicycle Path: A bicycle facility which is physically separated from motorized vehicular traffic by an
open space or barrier and which is either within the highway right-of--way or within an independent
right-of--way. Conflicts with motorized traffic are minimized.
Bicycle Parking Facility: A portion of either the vehicle accommodation area or another area
designed exclusively for parking bicycles, where the user can lock the frame and both wheels to a
stationary object using a lock provided by the user.
Boarding House: (See Rooming House.)
Boat Dock: Any structure to which a vessel can be moored and that affords access to a vessel on or
over submerged lands (all those lands lying waterward of the mean high water level) from the
adjacent upland property. The term boat dock is synonymous with dock, pier, access pier, terminal
platform, mooring pilings, and boathouse, constructed alone or in any combination.
Boat Ramp: Any structure, clearing, or artificially stabilized area that extends to or waterward of
the normal high water elevation for the purpose of launching and/or retrieving motorized watercraft.
Building: A structure designed to be used as a place of occupancy, storage or shelter and includes
any substantial structure which by nature of its size, scale, dimensions, bulk or use tends to_constitute
a visual obstruction or generate activity similar to that usually associated with a building. Without
limiting the generality of the foregoing, gas pumps and overhead canopies or roofs shall be deemed
to fall within this description.
Buildable Area: The portion of a lot remaining after required yards have been provided.
Building Height: The vertical distance between the average finished grade in front of the building
and the top of the ceiling plate on the top floor of the building.
Building, principal: A building in which is conducted the main or principal use of the lot on which
said building is located.
Camouflage (or Stealth) Communication Tower or Antennae: A communication tower or
antennae designed to merge and blend into and conform to appearance with existing surroundings.
An example of a camouflage communication tower would be a tower that is constructed in the form
and shape of a tree in order to appear to be part of a forested area or a tower constructed to appear to
be or to actually be a component of a bell tower or to be constructed to be or appear to be a
component of a church steeple in order for the tower to be or appear to be part of these more
aesthetically pleasing structures. An example of a camouflage antenna would be an antenna with a
~~iy zoo7 XVII-4
WATER CONSERVATION ORD -DRAFT#4 - Gf -JULY 27, 2007
color or appearance similar to a wall of a building or structure on which it is to be affixed, or an
antenna located inside or on top of an existing structure such as an existing church steeple or an
existing light pole.
Campaign Sign: A temporary sign which concerns an election.
Canoe Launch: Any structure, clearing, or artificially stabilized area that extends to or waterward
of the normal high water elevation for the purpose of launching and/or retrieving canoes, rafts, or
other non-motorized watercraft.
Changeable Copy Sign: A sign that is designed so that characters, letters or illustrations can be
changed or rearranged without altering the face or the surface of the sign.
Change in Use: A change in use from one principal use category to another that increases the
density/intensity to such an extent that the impacts of development are increased.
Circulation Area: That portion of the vehicle accommodation area used for access to parking or
loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other
than parking aisles) comprise the circulation area.
Commercial Subdivisions: Comprised primarily of commercial lots within areas zoned commercial
or office. Streets within commercial subdivisions are typically classified as commercial.
Communication Antennae: One that is designed to transmit or receive communications as
authorized by the Federal Communications Commission.
Communication Tower: A building or ground mounted tower which is greater than thirty-five (35)
feet in height, as measured from the finished grade of the parcel, does not exceed three hundred (300)
feet in height (including antenna), and is principally intended to support communication
(transmission or receiving) equipment for radio, TV, microwave, cellular and similar communication
purposes. The term communications tower shall not include amateur radio operators' equipment
licensed by Federal Communications Commission (FCC). Communication towers are generally
described as either monopole (free standing), guyed (anchored with guy wires) or self supporting
(square, triangular or pyramidal in plain view and constructed of steel lattice, tubular steel, reinforced
concrete or wood).
Comprehensive Plan: A currently effective plan of the City of Oviedo adopted and regularly
amended in accordance with Chapter 163, Florida Statutes and Administrative Rule 9J-5.
July 2007 XV)(I-S
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
Continue in Good Faith: As used in the LDC, shall mean that the final development order has not
expired and that no period of more than six (6) months passes without permit activity. Permit
activity shall include application and/or approval of subsequent final development orders or other
permits required for project completion.
Controlled Access Facility: As defined by Florida Statutes, a street or highway to which the right
of access is highly regulated by the governmental entity having jurisdiction over the facility in order
to maximize the operational efficiency and safety of the high-volume through traffic utilizing the
facility. Owners or occupants of abutting lands and other persons have a right of access to and from
such facility at such points only and in such manner as may be determined by the governmental
entity. All state roads and/or divided highways shall be controlled access facilities for the facilities
for the purposes of the LDC.
Convenience Store (Type I): A retail store usually containing less than 2,000 square feet of gross
floor area that is designed and stocked to sell primarily food, beverages, and other household
supplies to customers who purchase only a relatively few items (in contrast to a °supermarket"). It is
designed to attract a large volume ofstop-and-go traffic. "Jiffy", "7- 11 ", and "Cumberland Farms"
chains are examples of convenience stores.
Convenience Store (Type II): A retail store with gasoline sales containing less than 2,000 square
feet of gross retail floor area that is designed and stocked to sell primarily food, beverages and other
household supplies to customers who purchase relatively few items. It is designed to attract a high
volume of stop-and-go traffic. Car wash facilities may be an accessory use, provided design,
location and. buffering criteria are met.
Day Care Center: Any child care arrangement that provides day care on a regular basis for five (5)
or more children under the age of six (6) years. Certification by the Florida Department of Health
and Rehabilitative Services is required.
DBH: Diameter at breast height. The average diameter of the trunk of a tree measured at four and
one-half (4 1/2) feet above natural grade.
Density: The number of dwelling units per net buildable acre. Net buildable acres is defined as the
number of upland acres within the boundary of a development excluding acreage devoted to water of
the state, wetlands, and lakes. Thus, the maximum number of dwelling units that a development can
accommodate shall be calculated by multiplying the net buildable acreage by the residential density.
Department: The City of Oviedo Development Services Department or other department or agency
as designated by the City Manager.
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WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
Developer: Any person or legal entity who is responsible for any undertaking that requires a
development order.
Development: The carrying out of any building activity or operation, the making of any material
change in the use or appearance of any structure or land, or the subdividing of land.
a) The following activities, operations or uses shall be taken for the purposes of this definition
to involve development; provided, however, that a reference to any specific activity,
operation or use is not intended to mean that the activity, operation or use, when part of other
activities, operations or uses is not intended to limit the generality of the first sentence of this
definition:
i) A reconstruction, alternation of the size, or material change in the external appearance of
a structure on land.
ii) A change in the intensity of use of land such as, by way of example and not limitation, an
increase in the number of dwelling units in a structure or on land or material increase in
the number businesses, manufacturing establishments, offices, or dwelling units in a
structure or on land.
iii) Alteration of a shore or bank of a body of water.
iv} Commencement of excavation in nature of a borrow pit or similar activity on a parcel of
land.
v) Demolition of a structure.
vi) Clearing of land as an adjunct of construction.
vii) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
viii) All other activities, operations, or uses customarily associated with the above activities,
operations, or uses unless otherwise specified in the LDC.
b) The following activities, operations or uses shall not be taken for the purpose of this
definition to involve development:
i) Work by a highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land within the
boundaries of the right-of--way.
ii) Work by any utility and other persons engaged in the distribution or transmission of gas,
electricity, wastewater, reclaimed water or potable water, for the purpose of inspecting,
repairing, renewing, constructing on established rights-of--way any sewers, mains, pipes,
cables, utility tunnels, power lines, towers, poles, tracks, or the like.
iii) The lawful use of any land for the purpose of growing plants, crops, trees, and other
agricultural or forestry products; raising livestock; or for other agricultural purposes.
iv) The improvement of land or the construction of a structure for a City public facility or
project; provided, however, that this provision shall not be interpreted as the City
~uiy zoos XVII-7
WATER CONSERVATION ORD - QRAFT4 - GF -JULY 27, 2007
asserting exemption from any Federal, State, or regional, or County permitting
requirement as maybe applicable to a particular project.
Development Agreement: An enforceable agreement between the City and a developer including
agreements adopted pursuant to F.S. Chapter 163.3220, and an agreement or development order
issued pursuant to F.S. Chapter 380.
Development Order: An order granting, denying, or granting with conditions an application for
approval of a development project or activity.
Development Permit: A development permit is a document issued by the City which authorizes the
actual commencement of land alteration or building construction.
Directional Sign: A sign located on premises with exits, entrances, driveways or off street parking.
Discontinued Sign:
a) A sign face which no longer identifies an activity conducted on the premises where located,
as evidenced by, among other things, the existence or absence of a current occupational
license, utility service deposit or account, or use of the premises.
b) A nonconforming sign structure which has not been used for at least six (6) months to
support a sign face which identifies an activity on the premises where located.
c) Any previously permitted portable or temporary sign whose permitted time has expired.
Double-Faced Sign: A sign with two (2) faces which describe an internal angle between face planes
extended of no more than 30 degrees.
Drainage Connection: Any structure, pipe, culvert, device, paved or unpaved area, swale, ditch,
canal, or other feature whether natural or created which is used or functions as a link or otherwise
conveys stormwater runoff or other surface water discharge.
Dripline: The ground area surrounding the trunk of a tree that is described by the vertical plane
enclosing the outermost branches of the tree. For asymmetrical specimens, or those with unusually
small crown spread, the dripline area shall in no case be less than that area described by a radial
dimension of one foot for each one inch of trunk radius.
Drive-In Restaurant or Refreshment Stand: Any place or premises used for sale, dispensing, or
serving of food, refreshments, or beverages in automobiles, including those establishments where
customers may serve themselves and may eat or drink the food, refreshments, or beverages on the
~uiy, zoos XVII-8
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
Driveway: That portion of the vehicle accommodation area that consists of a travel lane bounded on
either side by an area that is not part of the vehicle accommodation area.
Drought Tolerant Landscapino• Plante once established, that ~ur~ ive on natural rainfall ~~ith
occasional ~rn~ation durin~drv periods
Dwelling:
a) Single-Family: A detached residential dwelling unit other than a mobile home, designed for
and occupied by one family only which includes a kitchen and permanent facilities for living,
sleeping, and sanitation.
b) Duplex: A detached residential building containing two (2) dwelling units, designed for
occupancy by not more than two (2) families, containing either a common wall or
ceiling/floor.
c) Townhouse: A residential building designed for or occupied by three (3} or more dwellings
that share common vertical walls.
d) Multiple-Family: Multiple dwelling units which are located in a single building, in which
the entrances to individual units may be above the first floor, including but not limited to
garden apartments, residential towers, and multiple upper-story residences which are located
in mixed-use buildings.
Dwelling Unit: A building consisting of one room, or rooms connected together constituting a
separate, independent housekeeping establishment. Said enclosure shall contain independent
sleeping, kitchen and bathroom facilities designed for and used, or held ready for use, as a permanent
residence by one family.
Easement: Any strip or parcel of land dedicated for public or other private utilities, drainage,
sanitation or other specified uses having limitations. The title shall remain in the name of the
property owner, subject to the right of use designated in the reservation of the servitude.
Econlockhatchee River Basin Affected Area: The area over which this section shall be applicable
shall be that portion of the Econlockhatchee River Basin within the boundaries of Oviedo, Florida.
For the purposes of this section, the "Econlockhatchee River Basin" shall mean and be referred to as
those lands within Oviedo which are described in Exhibit "A". The determination as to whether a
development project is within the Econlockhatchee River Basin shall be made pursuant to the Land
Development Code. All property that is within the Econlockhatchee River Basin, but is not within
the "Econlockhatchee River Corridor Protection Zone", but shall not be subject to the provisions of
~~iv zoos XVII-9
premises. Drive-in restaurants and refreshment stands shall not mean or include pick-up windows as
defined by this Code, and said definitions shall be mutually exclusive.
WATER CONSERVATION ORD -GRAFT#4 - GF -JULY 27, 2007
this overlay zoning classification relating to properties located within the Econlockhatchee River
Corridor Protection Zone which provisions shall only apply to properties located within said zone.
The Land Development Code shall not be construed to prohibit the transfer of density credits to
properties located outside the Econlockhatchee River Basin when such properties are physically
contiguous to property located in the Basin, are in common ownership with property located within
the Basin and together formed a single parcel of record as of the effective date of this section.
Econlockhatchee River Basin Rare Upland Habitats: Those vegetative communities identified
by the City as scrub, Longleaf Pine - Xeric Oak, Sand Pine Scrub, Xeric Oak and Live Oak
Hammock. Those vegetative communities are defined in the Florida Land Use Cover and Forms
Classification System which is published by the Florida Department of Transportation and is
attached hereto as Exhibit "B" which is incorporated herein by this reference thereto as if fully set
forth herein verbatim.
Econlockhatchee River Corridor Protection Zone: The "Econlockhatchee River Corridor
Protection Zone" is hereby established which includes the following areas:
a) The main channels of the Big Econlockhatchee River and its tributaries as graphically
depicted on or listed in Exhibit "A";
b) All property located within the first one thousand one hundred feet (1,100') landward as
measured from the stream's edge of the main channels of the Big Econlockhatchee River and
Little Econlockhatchee River;
e) All property located within the first five hundred fifty feet (550') landward as measured from
the stream's edge of the tributaries of the Big Econlockhatchee River;
d) Notwithstanding the above physical descriptions of the Econlockhatchee River Corridor
Protection Zone, the Zone shall extend to and contain at least fifty feet (50') of uplands
property which is landward of the landward edge of the wetlands abutting the main channels
of the Big Econlockhatchee River and its tributaries;
e) Provided, however, that only property located within the Econlockhatchee River Basin shall
be deemed to be located within the Econlockhatchee River Corridor Protection Zone.
Econlockhatchee River Stream's Edge: The waterward extent of the forested wetlands abutting
the Big Econlockhatchee River or its tributaries. In the absence of forested wetlands abutting the Big
Econlockhatchee River or its tributaries, the stream's edge means the mean annual surface water
elevation of the stream; provided, however, that if hydrologic records upon which the City can rely
upon are not available, the landward extent of the herbaceous emergent wetland vegetation growing
in the Big Econlockhatchee River or its tributaries shall be considered to be the stream's edge.
Emitter: A device that~t~plics irrigation water This term is pt-imarilvused~to refer to the l~tiv flow
r~~te devices used in micro-rrig•ition systems
~uiy zoos XVII-10
WATER CONSERVATION ORD -DRAFT#4 - GF - JULY 27, 2007
Facade, primary: The side of a building that faces a public right-of--way or has the primary
entrance.
Facade, secondary: The side of a building that is not a primary facade and either is visible from a
public right-of--way or has a secondary or tertiary entrance.
Fascia Sign: A sign located on the fascia of a roof or canopy, or affixed to the front plane of a
mansard roof that is a maximum of 30 degrees from vertical, including signs that extend the plane of
the structural fascia such that the vertical dimension of the sign is no more than one-third (1/3) the
distance from the average grade elevation to the bottom of the fascia, and no lateral supports are
used.
Family: One or more persons related by blood, marriage, or adoption, exclusive of family servants,
occupying a single dwelling unit, and living as a single household unit as distinguished from a group
occupying a boarding house, lodging house, hotel or motel, or fraternity or sorority. A number of
persons, not exceeding three (3), occupying a dwelling and living as a single household unit, though
not related by blood, marriage or adoption, shall be deemed to constitute a family.
Fenestration: Doors, windows, and other openings in a building exterior facade for the intended
purpose of letting light and air into a building's interior.
Floodplain: Any land area susceptible to being inundated by water from the 100 year flood. As
used in this LDC, the term refers to lands lying within the flood hazard areas delineated on Federal
Emergency Management Agency, Federal Insurance Administration (FEMA/FIA) Flood Insurance
Rate Maps and Floodway and Flood Boundary Maps. Flood plain areas are also designated in the
Comprehensive Plan. If the FEMA/FIA maps are over five years old and significant development has
occurred in the watershed area, actual field conditions will be surveyed by the Applicant. Findings
of the survey shall be provided to the FEMA for use in updating their maps. The "floodplain"
designation shall be removed for floodplain areas that have been altered in accordance with this LDC
or other sections of the Land Development Code so that the elevation no longer falls within the
floodplain.
Floodway: The channel of a river or another watercourse and the adjacent land areas that must be
traversed in order to discharge the 100 year flood.
Floor Area, gross: The total number of square feet of floor area in a building determined by
horizontal measurements between the exterior faces of walls.
July 2007 X~III_jj
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
Floor Area Ratio (FAR): The total area of all floors of a building intended for occupancy or
storage divided by the total site area. Floor area ratio applies to non-residential uses.
Fraternity or Sorority House: A dwelling or combination of dwellings on a single lot occupied
and maintained exclusively for college, university or professional school students who are affiliated
with a social, honorary or professional organization recognized by the college, university or
professional school.
Freestanding Sign: Any sign supported by uprights or braces placed upon, or in, or supported by
the ground, a fence, or non-structural wall.
Front Foot, Property: Each foot, or portion thereof, measured along the publicright-of--way where
the subject property abuts said right-of--way.
Front Foot, Building: Each foot, or portion thereof, of a building measured along the side of the
building which faces the primary frontage. Where buildings form an "L" or "U", all main entry sides
are measured.
Garage, mechanical: A building or portion thereof, other than a private garage or service station,
designed or used for repairing.
Garage, private: An accessory building or an accessory portion of the principal building designed
or used for inside parking of motor vehicles owned by the occupants of the building to which it is
accessory.
Glare: The sensation produced by luminance within the visual field that is sufficiently greater than
the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual
performance or visibility. The two (2) types of glare are as follows:
a) Disability Glare: Glare that reduces the ability to see or identify objects.
b) Discomfort Glare: Glare that produces ocular discomfort, but does not reduce the ability to
see.
~~iy aoo~ XVII-12
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
Group Home: A dwelling which provides basic area and supervision to four or more persons not
related to the owner or operator of the dwelling; the owner or operator of which is licensed and
approved by the Florida State Department of Children and Families (DCF).
Guest Cottage (or "Mother-in-Law Suite"): A detached building or an attached suite located on
the same premises of the main residential building, intended for intermittent or temporary occupancy
by a nonpaying guest or permanent occupancy by anon-paying family member. The main residential
building must have a Certificate of Occupancy before a guest cottage maybe approved.
Habitable Space: A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, screen enclosures, storage or utility space, and similar areas are not
considered habitable space.
Height of Sign: The distance between the top of a sign and the average grade elevation below it.
Home Occupation: Any business or non-residential activity that is conducted or petitioned to be
conducted, in whole or in part, from property that is zoned for residential use.
Hotel: (See Motel.)
Household Unit, single: In determining whether or not a group of unrelated individuals is a" single
household unit " as referenced in the definition of "family", the following criteria must be present:
a) The occupants must share the entire dwelling unit. A unit in which the various occupants act
as separate roomers can not be deemed to be occupied by a "single household unit."
b) The family must have stability with respect to the purpose of single family residential zoning
districts. Evidence of such stability may include the following:
i) The presence of minor dependent children regularly residing in the family.
ii) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other
family expenses and sharing in the preparation, storage and consumption of food.
iii) Whether or not different members of the family have the same address for the purpose of:
1. Voter Registration
2. Driver's License
3. Motor Vehicle Registration
4. Summer or Other Residences
5. Filing of Taxes
6. Delivery of Mail
iv) Common ownership of furniture and appliances among the members of the household.
v) Enrollment of dependent children in local schools.
vi) Employment of household members in the local area.
~uiy zoo? XVII-13
WATER CONSERVATfON ORD -DRAFT#4 - GF -JULY 27, 2007
vii) A showing that the group has been living together as a unit for a year or more, whether in
the current dwelling unit or other dwelling units.
viii) Residence is licensed and approved by the Florida State HRS as an adult congregate
living facility, community residential home, or foster care facility.
ix) With exception to [h], the household functions on a nonprofit basis.
x) Any other factor reasonably related to whether or not the group or persons is the
functional equivalent of a family.
Illuminated Sign: A sign that uses artificial light, either internal or external to the sign faces.
Improvements: Street pavement, curbs, and gutters, sidewalks, water mains, sanitary sewers, storm
sewers or drains, street names, signs, landscaping, permanent reference monuments, permanent
control points and any other construction required by the City.
Indirect Lighting: Artificial lighting located external to the sign face.
Industrial Subdivisions: Comprised primarily of industrial lots within areas zoned industrial.
Streets within industrial subdivisions are typically classified as commercial.
Irrigation SVStem: A permanent watering_s~stem designed to trans~~or~t and di~fribute water to
~a~ant~ as a ~uphlement to natural rainfall.
Irrigation Zone: A control valve circuit eontainin~ emitters andlorspriniclers with eor~sstent
~l?plieation rates.
Joint Use Connection: A single connection point that serves as a connection to more than one
property or development, including those in different ownerships or in which access rights are
provided in the legal descriptions.
Kennel: A place where dogs and other small animals and house pets are kept, sheltered, boarded,
bred, or groomed for compensation.
Land Use Administrator: The City Manager or designee.
Landscat~c Flant Zone: A ~'ouping Qfplants with similarwater and a~ricultural(sui~light soil
etc.) needs. Plant groupings-based on water useareas follrn-v~~ iugh Mediuit~ and lo~~-
Landscaped Area: The entire uareel;less the btiildin~ footprint, driveti~~ays, hardscapes such as
decks and patXOS, and non-porous areas. Water features are included in the calculation of the
~~~iy zoos XVII-14
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
landscaped area. This landscaped area includes Xeriscape as defined in Chapter 37~i 185(I)(b),
F.S.
Livestock: All animals of the equine, bovine, or swine class including, but not limited to goats,
sheep, mules, horses, hogs, cattle and other grazing animals.
Loading Space, off-street: Space logically and conveniently located for bulk pickups and
deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when
required off-street parking spaces are filled. Required off-street loading space is not to be included
as off-street parking space in computation of required off-street parking.
Lot: For purposes of the LDC, a lot is 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 shall have frontage on an improved public street, or on an approved
private street, and may consist of:
a) A single lot of record;
b) A portion of a lot of record:
c) A combination of complete lots of record, of complete lots of record and portions of lots of
record, or of portions of lots of record;
d) 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 ordinance.
Lot Boundary Line: Lot boundaries other than those that abut streets.
Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the
purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent
to a street shall be considered frontage, and yards shall be provided as indicated under "yard" in this
section.
Lot Measurements:
a) Depth of a lot shall be considered to be the distance between the midpoints of straight lines
connecting the foremost points of the side lot lines in front and the rearmost points of the
side lot lines in the rear.
b) Width of a lot shall be considered to be the distance between the side lot lines measured at
the front building line and parallel to the front lot line.
Lot of Record: A lot which is part of a subdivision recorded in the office of the county recorder, or
a lot or parcel described by metes and bounds, the description of which has been so recorded.
~~iy Zoos XVII-15
WATER CONSERVATION ORD -DRAFT#4 - GF - JUtY 27, 2007
Lot Types: The following types of lots are defined to clarify terminology used later in the LDC:
a) Corner Lot: A lot at the intersection of two (2) or more streets or along a single street that
forms its own corner and provides frontage along two sides of the same lot. 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 one hundred thirty-five (135) degrees.
b) Interior Lot: A lot other than a corner lot with only one frontage on a street.
c) Through Lot: A lot other than a corner lot with frontage on more than one street. Through
lots abutting two (2) streets may be referred to as double frontage lots.
d) Reversed Frontage: A lot on which the frontage is at right angles or approximately right
angles (interior angle less than one hundred thirty-five (135 degrees) to the general pattern in
the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.
Massing: The overall bulk, size, physical volume or magnitude of a structure or project.
1\'licro-Irrigation: An irrigation system with a maximum flow rate her emitter of 30 alg Ions per
hour or lcss.
Mobile Home: A dwelling unit that: (i) is not constructed in accordance with the standards set forth
in the Standard Building Code, and (ii) is composed of one or more components, each of which was
substantially assembled in a manufacturing plant and designed to be transported to the home site on
its own chassis, and (iii) exceeds 40 feet in length and eight feet in width. A travel trailer is not a
mobile home.
a) Mobile Home Class A: A mobile home constructed after July 1, 1976, that meets or
exceeds the construction standards promulgated by the U. S. Department of Housing and
Urban Development that were in effect at the time of construction and that satisfies each of
the following additional criteria:
i) The home has a length not exceeding four times its width;
ii) The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5)
feet of horizontal run, and the roof is finished with a type of shingle that is commonly
used in standard residential construction;
iii) The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted,
but in no case exceeding the reflectivity of gloss white paint) comparable in composition,
appearance, and durability to the exterior siding commonly used in standard residential
construction;
iv) A continuous, permanent masonry, foundation, unpierced except for required ventilation
and access, is installed under the home; and
July 2007 XVII'16
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
v) The tongue, axles, transporting lights, and removable towing apparatus are removed after
placement on the lot and before occupancy.
b) Mobile Home, Class B: A mobile home constructed after July 1, 1976, that meets or
exceeds the construction standards promulgated by the U. S. Department of Housing and
Urban Development that were in effect at the time of construction but that does not satisfy
the criteria necessary to qualify the house as a Class A mobile home.
c) Mobile Home, Class C: Any mobile home that does not meet the definitional criteria of a
Class A or Class B mobile home.
d) Mobile Home Park: A residential use in which more than one mobile home is located on a
single lot.
Modular or Manufactured Home: A dwelling unit constructed in accordance with the standards
set forth in the Standard Building Code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent
foundation. Among other possibilities, a modular home may consist of two sections transported to
the site in a manner similar to a mobile home (except that the modular home meets the Standard
Building Code) or a series of panels or room sections transported on a truck erected or joined
together on the site.
Motel: A building or a group of buildings containing sleeping accommodations or efficiency units
in which transient guests are lodged on a short-term basis. (For the purposes of this ordinance, hotel
and motel shall have the same meaning.)
1l9ulch: Noi~ livii~R or<=anic or sti~nthetic materials customaril used in landsca e design to retard
eT'OSlnll alld lllamt7ln 111(liStlllE siii~--xii~~ 11r1~---41Y1Yi~1P~ to t~ir~etat~ ~ * ~ ~,_,_,«r_T~~
...l.:1.:4 -rr~ru~ a ~aa~.a /mar 1 ~ ;1 ~
~.rr-rrvr-rv~~-
Multiple Frontage Property: A lot or parcel that is contiguous to more than one public right-of-
way, being either a corner lot or a through lot.
Multi-Use Complex: Any development of two (2) or more occupancies that are under common land
ownership or that share common property frontage.
Non-Conforming:
a) Lot: A lot existing at the effective date of this Code (and not created for the purposes of
evading the restrictions of this Code) that does not meet the minimum area requirement of
the district in which the lot is located.
~~iy zoos XVH-17
WATER CONSERVATION ORD -'DRAFT#4 - GF -JULY 27, 2007
;~~.
b) Structure: Existing improvements which do not meet required parking and loading
regulations, height regulations, area regulations, etc. for the district in which they are located.
c) Use: Any building or land lawfully occupied by a use at the time of adoption of this Code
that does not conform with the use regulations of the district in which it is situated.
d) Sign: A sign lawfully existing in the City before the adoption of this sign code that does not
conform to the requirements of this sign code. A sign not lawfully existing prior to the
adoption of this sign code shall not be considered anon- conforming sign.
Nursing Home: 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, business: An office for activities such as real estate, advertising, insurance, travel agency,
ticket sales, abstract and title companies, insurance, etc. Retail or wholesale goods are not shown to
or delivered from the premises to a customer. A beauty or barber shop is not a business office.
Office, professional: An office for the use of architects, engineers, attorneys, accountants,
physicians, lawyers, dentists, etc. Professional offices generally offer consultant services.
Office of convenience: An office use where the owner conducts no business other than by Internet,
phone or mail; where no persons are employed except for members of the family residing on the
premises; and where the office space/home area is used only for the purpose of sending and receiving
communications and deliveries, maintaining records, and other similar functions.
Off-Site Sign: A sign which identifies an activity that is not conducted on the premises or which
identifies products or services which are not available on the premises where such sign is located.
Off-Street Parking: A lot or parcel of land or structure designed, constructed, or utilized for the
temporary storage or parking of motor vehicles. Required off-street parking shall be so designed,
maintained, and regulated that no parking or maneuvering incidental to parking shall be on any
public street, walk, or alley.
On-Site Sign: A sign that (1) identifies an activity conducted or products or services available on
the premises where the sign is located, (2} displays a noncommercial message, or (3) displays any
combination of the first two.
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WATER CONSERVATION ORD -DRAFT4 - ~F -JULY 27, 2007
Open Space: Any portion of a parcel, or area of land or water, which is open and unobstructed from
the ground to the sky, including areas maintained in a natural and undisturbed character and areas
which are permeable in nature. Open space shall not include areas covered with buildings,
sidewalks, pools, decks or patios, parking areas, drives or other paved areas.
Parasite Sign: Any sign for which no permit has been issued, and which is attached to another sign.
Parking Area Aisles: That portion of the vehicle accommodation area consisting of lanes providing
access to parking spaces.
Parking Space: A portion of the vehicle accommodation area or bicycle parking facility set for the
parking of one vehicle or one bicycle.
PCP (Permanent Control Point): A secondary, horizontal- control monument, in accordance with
F.S. Chapter 177.
Personal Service: An establishment that primarily provideswrvices generallyinvolvingthe care of
a person or his or her apparel, such as barber shops, beauty salons, seamstress shops, shoe repair
shops, dry cleaning and laundry pickup facilities, coin-operated laundries, and tuxedo or costume
rentals.
Perviouspaving materials: A porous asphaltic,' concrete or other surface and a high void
a~~re~ate-base which allo~~s for rapid infiltration and tcmporarystora~c of rain on, or runoff
delivered to, paved surfaces.
Pick-Up Windows: A window within a principal use used for the sale and dispensing of food,
refreshments, and/or beverages to persons, who have placed an order for food, refreshments, or
beverages from a location other than the establishment or premises where the food is prepared. Pick-
up windows shall not mean or include drive-in restaurants and refreshment stands as defined by this
Code, and said definitions shall be mutually exclusive.
Plat: A map or delineated representation of the subdivision of lands; a complete exact
representation of the subdivision and other information in compliance with all applicable statutes and
regulations.
Julv 2007 XVl)-)l9
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
Portable Sign: A sign that has no permanent attachment to a building or to the ground by means of
a footing, including but not limited to an A- frame sign, sign with wheels, pull attachments, or hot air
or gas filled balloons.
Potable Water: Water which is satisfactory for drinking, culinary, and domestic purposes and
which meets the quality standards of the Florida Department of Environmental Regulation.
Premises: The lot or lots, plots, portions or parcels of land considered as a unit for a single
development or activity.
Primary Frontage: The public right of way which is identified as the address of the premises.
PRM: Permanent Reference Monument provided in accordance with F.S. Chapter 177.
Projecting Sign: A sign supported by a wall of a building projecting from that wall twelve (12)
inches or more, and designed with a face or faces reading at an angle to that wall.
Protected Wellfield~: Those wellfields with a permitted capacity of 100,000 GPD or more.
Real Estate Sign: A temporary sign on a premises offered for sale or rent.
Recreation:
a) Active Recreation: Recreational uses, areas, and activities oriented toward potential
competition and involving special equipment. Playgrounds, sports fields and courts,
swimming pools, golf courses are examples of active recreation uses.
b) Passive Recreation: Recreational uses, areas or activities oriented to noncompetitive
activities that either require no special equipment or are natural areas. Bird watching, bicycle
riding, and nature walks are examples of passive recreational activities.
Record Drawing: A set of approved plans and specifications which identify, at a minimum,
substantial deviations referenced in the certification of completion of construction that have occurred
since the permit was issued.
Refuse/Recycling Collection Container: Any detachable receptacle for the collection of
refuse/recyclables that is two (2) cubic yards or larger and is designated or intended for mechanical
pick-up.
~~i~ zoos XVII 20
WATER CONSERVATION ORD -DRAFT4 - Gf -JULY 27, 2007
Residential Subdivisions: Comprised primarily of residential lots within areas zoned residential.
Streets within residential subdivisions are typically classified as either local or collector.
Right-of--Way: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard,
access or other purpose by the public, certain designated parties, or governing body. "Right-of--Way"
shall exclude easements.
Roof Sign: A sign painted on or affixed to the roof of a building and primarily supported by that
roof structure, except fascia signs as defined in this code.
Roomer: An occupant who has use of a dwelling unit without actual or exclusive possession or
ownership of that residence.
Rooming House: A residential use consisting of at least one dwelling unit together with one or
more rooms that are rented or intended to be rented to more than one family, but which rooms,
individually or collectively, do not constitute separate dwelling units. A boarding house or rooming
house is designed to be occupied by longer term residents (month to month) as opposed to overnight
or weekly guests.
Runoff: ~w'ater, not absorbed by thesoil, that flows from the area. GetMelanie's defnitic~~
Screen Enclosure: A building or part thereof, in whole or in part self-supporting, and having walls
of insect screening with or without removable vinyl or acrylic wind break panels and a roof of insect
screening, plastic, aluminum or similar lightweight material.
Septic Tank: An individual sewage disposal system approved by the County Health Department
and serving only one lot.
Service Station: Any building structure or land used for the dispensing, sale or offering for sale at
retail any automobile fuels, oils, or accessories. General automotive servicing, as distinguished from
automotive repair, may also be performed.
Shopping Center: Any commercial building or development occupied by two or more tenants on
one premises. This term shall also include commercial developments approved for any planned unit
development zoning district.
Short-Term Residential Rentals: Rental of residential units for a time period no more than six
months.
~~~iy zoos XVII-21
WATER CONSERVATION ORQ -DRAFT#4 - GF -JULY 27, 2007
Sidewalk: That portion of a street between the curbline, or the lateral line, of a roadway and the
adjacent property lines, intended for use by pedestrians.
Sight Distance Triangle: The triangular area required on any intersection corner to permit a vehicle
operator an unobstructed view of the crossing roadway for a minimum sight distance in either
direction.
Sign: A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify
announce, direct, or inform that is visible from a public right-of--way. When not modified by the
terms "structure" or "face", the term "sign" shall include all parts of the sign and its supporting
structure.
Sign, Area of: The total surface of a sign including the background and frame, but not structural
supporting elements outside of its frame. Where a sign is composed of skeleton letters, characters, or
symbols applied to a background which is not a structural part of the sign, the area of the sign shall
be the smallest rectangle, triangle, or circle which will include the display. Where a sign is built with
two faces back to back, the area of the sign shall be the larger of the areas of the two faces computed
as herein before specified.
Sign Background: Area behind the lettering on a freestanding or wall sign. The sign background is
that portion of the sign surface or building facade which is reasonably coterminous with the area of
the sign. Color, texture and/or materials used on the sign background, if different from the color,
texture and/or materials used on the building exterior shall be limited to the sign area and shall not
extend across all or part of the building or canopy. See illustration XIX-1
a~ ~ a
~_
~,
a~ ~ a
!°
XIX -1 a Permitted Sign Background
,,
1
~' __ -~
`~~
~ ~.
_
I
~
~ __ .
XIX - lb Prohibited Sign Background
Sign Face: The plane area which is defined as sign area.
Sign Structure: The uprights, supports, braces and framework supporting a sign.
Illustration XIX-1
~Ui>- zoos XVII 22
WATER CONSERVATION ORQ -DRAFT#4 - GF -JULY 27, 2007
Site Plan: An illustration of the details of development of areas such as commercial, industrial,
recreational, multifamily residential and other uses not being platted.
Special Exception Use Order: An order issued by the City Council after recommendation of BOA,
which allows certain uses within a zoning district that are not generally permissible throughout the
district, but which if controlled as to number, area, location, or relation to the neighborhood, could
promote the public health, safety, and welfare.
Spillover: The casting, reflecting or transmission of light or glare beyond the boundaries of the
property.
Sports Fields: Those areas used solely for the purpose of playing sporting events (e~.- soccer
fields, softball or baseball fields). Only the surfaces used to en~a~e in these activities fall under
the category of "sports fields".
Street: Any public thoroughfare, street, avenue, boulevard or space more than 20 feet (6096 mm)
wide which has been dedicated or deeded for vehicular use by the public and which can be used for
access by fire department vehicles.
Arterial: A street which provides the highest degree of mobility and largest proportion of total
travel. Arterial roadways have higher design standards than other roads. They often have
multiple lanes and some degree of access control.
Collector: A street which provides a mix of mobility and land access functions, linking major
land uses to each other and/or to arterial roadways. On-street parking in only allowed in cases
where there is additional right-of--way (ROW) and a safety problem will not be created. Access
is managed to minimize the number of driveways.
Commercial: A street located within a commercial or industrial subdivision that provides
access to the commercial or industrial property within that subdivision as its primary function.
On-street parking is generally not allowed. Access is managed to minimize the number of
driveways.
Dead End: A street that terminates in a vehicular turnaround.
Local: A street with land access as its primary function. In general, on-street parking is allowed
and access is unlimited, subject to driveway spacing restrictions.
~~iy zoos XVII 23
WATER CONSERVATION ORD--DRAFT#4 - GF -..JULY 27, 2007
Structure: (1) Anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location. Among other things, structures include buildings, boat docks,
boat ramps, mobile homes, walls, fences, etc. (2) With regards to floodways, any construction that
diminishes the functional floodway capacity as determined by FEMA.
Structure, temporary: Any structure serving a temporary use, such as a field or sales office,
contractor's office, etc.
Subdivision: The division of a parcel of land, whether improved or unimproved into two (2) or
more lots or parcels of land for the purpose of sale or building development (whether immediate or
future) and including all divisions of land involving the dedication of a new street or a change in
existing streets. The City may grant a waiver to the platting requirements for subdivisions with three
(3) lots or less.
Substantial Improvement: Any repair, reconstruction, or improvement of a building, (for any
building constructed prior to the effective date of this LDC) the cost of which either equals or
exceeds 50% of the market value of the structure either (1) before the improvement or repair is
started or (2) if the structure has been damaged and is being restored, before the damage occurred.
Sunroom: A one-story structure added to an existing dwelling with an open or glazed area in excess
of 40% of the gross area of the sunroom structure's exterior walls and roof. For the purposes of this
LDC, the term sunroom as used herein shall include conservatories, sunspaces, solariums, and porch
or patio covers or enclosures.
Temporary Connection: A permitted connection for a specific property that is conditioned to be
open for a specific purpose and traffic volume for a specific period of time with the right of way to
be restored by the applicant to its original condition upon connection closure.
Temporary Sign: A sign used for a temporary period of time.
Travel Trailer: A structure that is intended to be transported over streets and highways and is
designed as a temporary dwelling for travel and recreational purposes. A travel trailer is not a
mobile home.
Tree: Any living, self-supporting, perennial plant which has at least 1 2" D.B.H. and normally
grows to a minimum overall height of 15 feet.
Under-Canopy Sign: A sign painted on or attached to the underside of a canopy or marquee.
Turf /e~- Turfarass: A surface laver of earth containing a dense ~ro~ti~th of brass and its roots
~Uiy zoos XVII-2A
WATER CONSERVATION ORD -DRAFT#4 --GF - JU1Y 27, 2007
suitable to Florida - ~~
Use: The activity or function that actually takes place or is intended to take place on a lot.
Useable Open Space: An area that:
a) Is not encumbered with any substantial structure,
b) Is not devoted to use as a roadway, parking area, or sidewalk,
c) Is left (as of the date development began) in its natural or undisturbed state if wooded, except
for the cutting of trails for walking or jogging, or, if not wooded at the time of development,
is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and
landscaped with the objective of creating a wooded area or other area that is consistent with
the objective set forth in the Subdivision (4).
d) Is capable of being used and enjoyed for purposes of informal and unstructured recreation
and relaxation, and
e) Is legally and practicably accessible to the residents of the development out of which the
required open space is taken, or to the public if dedication of the open space is required.
f) Consists of land no more than 25 percent of which lies within a floodplain or floodway.
Utility Facility: Any above-ground structures or facilities (other than buildings, unless such
buildings are used as storage incidental to the operation of such structures or facilities) owned by a
governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility
for any purpose and used in connection with the production, generation, transmission, delivery,
collection or storage of water, sewage, electricity, gas, oil, or electronic signals (except for
communication towers).
Vehicle Accommodation Area: That portion of a lot that is used by vehicles for access, circulation,
parking and loading and unloading. It comprises the total of circulation areas, and parking areas
(spaces and aisles)
Wall Sign: A sign painted on or affixed to the structural wall of a building, with a sign face
approximately parallel to the wall perpendicular to the ground and projecting no more than twelve
(12) inches from the wall. The general term "wall sign" shall also include window signs and fascia
signs.
'Water Features: Features of a site that hold water including but not .limited to t°~ Y~~Y-~~~~ ~~-
~o~z3€-rrtl~ . natural features (lakes wetlands rivers creeks etc.) or
artificial tcatut-es (retentiotl and detention bonds, fountains, ditches and canals.)
Jury 2007 'VII ZS
WATER CONSERVATION ORD -DRAFT4 - GF -JULY 27, 2007
Wellhead Protection Zone: All land within a 1,000-foot radius of an existing or designated
protected wellhead.
Wellhead Zone of Exclusion: All land within a two hundred (200) foot radius of an existing or
designated protected wellhead.
Wetlands: Hydrologically sensitive areas which are identified by being inundated or saturated by
surface or ground water with a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions.
Wetland Boundary: That line or point where: (1) vegetative species shift from dominantly wetland
to dominantly upland species; (2) highly organic and muck soils change to sandy upland soils; and
(3) flooding or inundation condition indicators are no longer present.
Wetland Compatible Development Activities: Those activities which do not cause a diminishing
of wetland functions.
Wetland Development Activity: Those activities for which compatibility rankings and
performance standards have been developed:
a) Boardwalks, Docks and Gazebos
b) Bulkheading (Impounding, Interrupting or Diverting Surface Water)
c) Clearing of vegetation (in conjunction with the construction of permitted structures)
d) Cultivating Naturally Occurring Agricultural and Horticultural Products
e) Discharge of Domestic, Agricultural, or Industrial Wastes (pursuant to DER permit or the
discharge of stormwater runoff waters from adjacent land)
f) Drainage Ditches
g) Dredging (other than mosquito control or "drainage ditches")
h) Filling
i) Harvesting of Timber and Wood Products
j) Hazardous Material (storage, use, or disposal of any hazardous material)
k) Landscaping and Establishing Planting
I) Restoration or Expansion or Modification of Existing Structures and Improved Areas
m) Septic Tanks (installation of septic tanks)
n) Solid Waste Disposal
o) Stormwater Retention/Detention Basins
~Uiy zoo? XVII-26
WATER CONSERVATION ORD -DRAFT#4 - GF -JULY 27, 2007
p) Structure (construction of permitted structures)
q) Utility Installation
Wetland Direct Hydrologic Connection: Connection to a wetland where a flow of surface water
occurs on an average of 30 or more consecutive days per year. In the absence of reliable hydrologic
records, a continuum of wetlands maybe used to establish a direct hydrologic connection.
Wetland Enhancement: The restoration of altered wetlands and the physical expansion of the size
of wetlands.
Wetland Functions: The water quality enhancement, water quality management, climatic stability,
wild life and human use abilities of wetlands.
Wetland Mitigation/Compensation: Development activities which will result in greater wetland or
environmental benefit than with the strict application of performance standards.
Wetland Performance Standards: Standards for actions taken to prevent or minimize adverse
impacts on wetlands as a result of development activities.
Wetland Significance: The degree to which wetlands functions are performed by a wetland.
Wholesale Sales: On-premises sale of goods primarily to customers engaged in the business of
reselling the goods.
Window Sign: A permanent sign affixed to, suspended behind, or painted on either
face of a window or glass door that leads to the exterior of the building.
XeriscapeTM or "Florida friendly" Landscape: (as provided for in § 166-373.185 ~loridaStatutes)
qualitylandscapes that conservewater and protect the environment and are adaptable to -local
conditions and which are drou€~ht tolerant. 'fhc principles of XeriscapeT`~ include E~lannn~ and
design, a~ropriate choice o~lants, soil analv~is which nlav include the use of solid waste compost,
efficient irri atg ion, practical use of turf, appropriate use of mulches, and proper maintenance.
Yard: An open space on the same lot with a building, said space being unoccupied and.
unobstructed from the ground upward, with the exception of trees and other vegetation. Fences,
walls, children's play equipment and other customary yard accessories may be permitted in rear and
side yards and some front yards subject to height, visibility limitations and other requirements of this
Code.
.rUiy zoos XVH-27
WATER CQNSERVATION ORD.- DRAFT#4 - GF -JULY 27, 2007
'tc. :+~~ . Aiti!Slq ~. ~. 3F. *~~i^TtI~F a~.c~:sa;. i
a) Front Yard: A yard extending between side lot lines, parallel across the front of a lot
adjoining a street. In cases of through lots and corner lots, front yards shall be provided on
all frontages. The minimum front building setback distance shall be maintained at every
point along the street.
b) Rear Yard: A yard extending across the rear of the lot between the side lot lines. In the
case of through lots, there will be no rear yard. The depth of the rear yard shall be measured
at right angles to a straight line joining the rearmost points of the side lot lines. The rearmost
point of the side lot line in the case of rounded or irregular property corners shall be assumed
to be the point at which the side and rear lines would have met without such rounding or
irregularity.
c) Side Yard: A yard extending from the rear line of the required front yard to the front line of
the rear yard, or in the absence of any clearly defined rear lot line, to the point on the lot
farthest from the intersection of the lot line involved with the public street. In the case of
through lots, side yards will extend from the rear lines of the required front yards. In the case
of corner lots, there maybe only one side yard, and that yard will be the yard(s) remaining
after providing two front yards and designating a rear yard.
d) Minimum Yard: In addition to other yard requirements, a minimum yard equal in depth to
the established district building setback shall be provided parallel to all property lines.
Accessory uses maybe allowed within the minimum yard area in accordance with the Land
Development Code.
~~iY zoos XVII-28
DRAT T # 7 - GF & MP- AUGUST 24, 2007
ARTICLE XVI. UTILITIES
A~'~IC~e' X~/~ UTI'LITI'ES
Sec. 16.1. Utility Ownership and Easement Rights
Sec. 16.2. Sewage Disposal Facilities Required
Sec. 16.3. Potable Water Service Required
Sec. 16.4. Landscape Irrigation ~~r ~'~
Sec. 16.5. Lighting Requirements
Sec. 16.6. Electric Power
Sec. 16.7. Telephone Service
Sec. 16.8. Underground Utilities
Sec. 16.9. Utilities to Be Consistent with Internal and External Development
Sec. 16.10. Record Drawings Required
Sec. 16.11 Fire Hydrants and Fire Flow Requirements
Sec. 16.12. Sites for and Screening of Refuse/Recycling Collection Containers
Sec. 16.3. Water Distribution Systems
Oviedo Land Development Code
XVI-1
[THIS PAGE INTENTIONALLY LEFT BLANK]
'DRAFT # 7 - GF & MP- AUGUST 24, 200?
ARTICLE XVI. UT1LITtES
Section 16.1 Utility Ownership and Easement Rights
In any case in which a developer installs or causes the installation of potable water, landscape
irrigation facilities, sewer, electrical power, traffic signals, street lighting, telephone or cablevision
facilities, and intends that such facilities shall be owned, operated or maintained by a public utility
or any entity other than the developer, the developer shall transfer to such utility or entity the
necessary ownership or easement rights to enable the utility or entity to operate and maintain such
facilities.
Section 16.2 Sewage Disposal Facilities Required
(A) Adequate Sewage Disposal System
Every principal use in the City and every lot within a subdivision shall be served by a sewage
disposal system that is adequate to accommodate the reasonable needs of such use or
subdivision lot and that complies with all applicable City plans and health regulations.
(B) Compliance with Health Department Regulations
Service requirements and construction standards shall comply with Seminole County Health
Department regulations.
(C) Installation and Dedication of Dry Sewer Lines
All new development shall install and dedicate to the City dry sewer lines in accordance with
an approved development order if sewer service is not currently available and the order
approving authority approves a temporary treatment option.
(D) Dedication of Improvements to the City
All new wastewater collection, pumping and transmission, treatment, and disposal facilities
shall be dedicated to the City.
(E) New Development to Fund Improvements
New development shall fund the cost of required capacity expansions, and/or extension of
central sewer lines.
(F) Pre-Purchase of Capacity Requirements
Development orders shall not be issued and rezoning shall not be approved without
certification that adequate sewer service is available. In service areas with pre-purchase
capacity requirements, only proof of purchase shall constitute certification.
(G) Package Treatment Plants
Package treatment plants and collection systems shall be designed for future connection to a
central system and donated free of charge to the City upon request.
(H) Central Sewer Service Required in Certain Situations
All new residential development in areas with severe soil limitations for septic tanks, and all
non-residential development is required to provide or to connect to a central sewer service
system. Temporary, sanitary sewer service may be permitted on an interim basis if deemed by
the Land Use Administrator to be consistent with other objectives and policies of the
Comprehensive Plan.
Oviedo Land Development Code
XVI-3
.DRAFT # 7 - GF & MP- AUGUST 24, 2007
ARTICLE XVt. UTtLIT1ES
(1) Prohibited Locations
Individual and package wastewater treatment systems are prohibited in wetlands, floodplains,
and buffer areas surrounding surface water bodies.
(J) Septic Tanks in Conservation Areas
Septic tanks are allowed in conservation land use areas only when necessary for facilities
required to oversee said conservation area. Percolation tests as sanctioned by the septic tank
permitting agency shall serve as the determining factor for allowance of a septic tank on a
particular site
(K) Econlockhatchee River
All development within two thousand (2,000) feet of the Econlockhatchee River is required to
utilize a central sewer collection and treatment system.
Section 16.3 Potable Water Service Required
(A) Adequate Potable Water Service Required
Every principal use in the City and every lot in a subdivision shall be served by a potable water
supply system that is adequate to accommodate the reasonable needs of such use or
subdivision lot and that complies with all applicable health regulations.
(B) Donation of Potable Water System Improvements
All potable water system improvements required for new development shall be donated to the
City of Oviedo as a condition of receiving service.
(C) Development to Pay for Improvement
Future development shall pay for the system improvements it requires.
(D) City May Assess Cost of Extending Service to Benefiting Properties
The City may recover the cost of extending water service to existing developed areas by
assessing benefited properties.
(E) Extension of System to Accommodate Future Service
New development shall extend distribution lines to the property being developed in a manner
which complies with the requirements of the system and the impacts of the development.
(F) System Looping Encouraged
System looping is required wherever practicable to increase overall capacity and service.
(G) Commercial and Industrial Developments
All commercial and/or industrial developments within the City must connect to the municipal
water system and have fire hydrants located consistent with Section 17.11, Fire Hydrants and
Fire Flow Requirements.
(H) Construction Standards
Construction standards and other requirements are included in The Engineering Standards
Manual.
Oviedo Land Development Code
XVI-4
DRAFT # 7 - GF & MP- AUGUST 24, 2007
ARTICLE XVt.''UTIL.(TIfS
Section 16.4. Landscape Irrigation ~~^~.
(A) General
(1) ;~~er~-pr+r~"'use-~-~f~e--Sify New Development shall a install landscape
irrigation fey that
. correlates to the water use zones listed in
Section 12 7 and complies with the terms of this Section.
(2) New development shall install and dedicate to the City a reclaimed water system,
including distribution mains and services for irrigation in accordance with the Engineering
Standards Manual.
(3) New development shall extend distribution lines along the entire property frontage, to
accommodate service to adjacent properties.
(4} System looping is required wherever practicable to increase overall capacity and service.
(B) Potable Water Irrigation
(1) The use of potable water for irrigation is prohibited
^r ~o~R~e where reclaimed or alternative water irrigation sources are available.
(2) Potable water systems where allowed shall not be interconnected with any alternative
water source in accordance with the City's Cross Connection Control Policy.
(C) Reclaimed Wafer Irrigation
(1) {-0-}If an existing reclaimed water system is within one hundred (100) feet of a new
development, the development shall connect to the existing reclaimed water system.
(2) Augmentation of all non-reclaimed water irrigation systems with reclaimed water is
prohibited unless approved by the City Engineer or designee.
(D) Alternative Water Irri_gafion
The following types of alternative water irrigation are permitted within the City. Additional
types of alternative water irrigation are prohibited unless approved by the City Engineer or
designee.
(1) Stormwater Irrigation
(2) Shallow Groundwater Well Irrigation
(3} Surface Water Irrigation
Oviedo Land Development Code
XVI-5
DRAFT 7 - GF & MP- AUGUST 24, 2007
AF~TlCLE ~Vt. UT1LtTl
(E) Irrigation System:
The irrigation system shall be designed and constructed in accordance with the technical
standards contained in Appendix F of the plumbing volume of the Florida Buildina Code.
Irrigation plans must be designed to recognize differential irrigation requirements of any
proposed landscaping as described in Article XII Section 12.7 Xeriscape Florida-Friendly
Landscaping.
Oviedo Land Development Code
XVI-6
DI~A-FT # ~ - GF- AUGUST 31, 2007
General: Unless otherwise specifically provided, or unless clearly required by the context, fhe
words and phrases defined in this section shall have the meaning indicafed when used in this
LDC.
Abandoned Application
An application shall be deemed abandoned when no activity occurs for twelve (12) consecutive
months. The Land Use Administrator shall issue a notice of abandoned application to the applicant.
Any submittal after the issuance of a notice of abandoned application shall constitute a new application.
Abated Application
An application shall be deemed abated when no activity occurs for six (6) consecutive months. The
Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after
the issuance of a notice of abated application shall require the payment of an abated application fee
and must comply with any amendments to this LDC, the Engineering Standards Manual, or Florida Fire
Prevention Code adopted after the last review of the application.
Accessory Use
The use of a structure of a nature customarily incidental and subordinate to the principal use. No
accessory structure will be allowed unless the principal use is in place or permitted.
Accessory Structure
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal
structure, such as the following:
(a) Detached structure that does not exceed twelve (12) feet in height and one hundred twenty
(120) square feet of floor space. (Detached accessory structures in excess of one hundred
twenty (120) square feet must meet the setback requirements in Section 2-6.3). See Section
2-6.4 for accessory building setbacks. Mobile homes or trailers may not be used as storage
buildings.
(b) Swimming pools.
(c) Screen pool enclosure.
(d) Air conditioners, satellite dishes, solar panels, or other accessory structures.
(e) Antennas.
(f) Boat docks.
(g) Private boat ramps.
(h) Any material affixed to the structure.
Addition
Any construction that adds or enlarges the size of an existing building. Additions also include any
extension or increase in floor area, or height of building or structure. Examples of an addition are:
porch, carport, new room, room configuration, etc.
Oviedo Land Development Code
XVIII-1
CRAFT # 7 - GF- AUGUST 31, 2007
Adjacent Areas
The transition zone between wetlands and upland communities where the following development
activities may be regulated:
(a) Bu-kheading (impounding, interrupting or diverting surface water).
(b) Drainage ditches.
(c) Dredging.
(d) Filling.
(e} Hazardous material (storage, use or disposal of any hazardous material).
(f) Solid waste disposal.
(g) Stormwater retention/detention basins.
The adjacent area is that area with a direct groundwater or surface water influence on the wetland
where development activities listed above may have an adverse impact on wetlands. In the absence of
sufficient information to determine the adjacent area, the area will be defined as all property within three
hundred (300) feet of the wetland boundary.
Adult Congregate Living Facility
Any building or buildings, residence, private home, boarding home, home for the aged, or other place
licensed to serve clients of the Department of Children and Family Services, which provides a living
environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent
of a family, including such supervision and care by supportive staff as may be necessary to meet the
physical, emotional, and social needs of the residents.
Adult Entertainment
Any establishment defined within Ordinance 893 of the City of Oviedo as it may be from time to time
amended.
Adverse Impact to a Wetland
The diminishing of wetland functions caused by a development activity.
Affected Property Owner
Any person who resides, owns property, or owns a business within two hundred (200) feet of a property
under consideration for development approval by the City.
Alcoholic Beverages
All beverages containing alcohol of more than one (1) percent by weight.
AI ley
Right-of-way providing a secondary means of access and service to abutting property.
Applicant
A person or entity which submits an application for development approval to the City, and the person or
entity's successors and assigns.
Artificial Obstruction
Oviedo Land Development Code
XVIII-2
DRAFT # 7 - GF- AUGUST 31, 2007
Any obstruction, other than a natural obstruction, that is capable of reducing the flood-carrying capacity
of a stream or may accumulate debris and thereby reduce the flood-carrying capacity of a stream. A
natural obstruction includes any rock, tree, gravel or analogous natural matter that is an obstruction and
has been located within the floodway by a non-human cause.
Assisted Care Living Facilities
Any building or buildings, or section or distinct part of a building, private home, boarding home, home
for the aged, or other residential facility, whether operated for profit or not, which are licensed pursuant
to F.S. Ch. 400, Pt. III, and which undertakes through its ownership or management to provide housing,
meals,` and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1)
or more adults who are ambulatory and not relatives of the owner or administrator.
Attached Dwellings
Dwelling units which share a common wall or walls and have ground-floor entrances to every unit,
including but not limited to townhomes, duplexes, and triplexes.
Automatic Irrigation Controller
A timer, capable of operating solenoid valves to set days and lengths of time for groper application of
water, in each irrigation zone.
Banner
A sign that is not permanently attached to a solid backing of wood, plastic, metal, masonry, or similar
rigid material. A flag is not a banner.
Base Flood Elevation
The elevation of a flood which has a one (1) percent chance of being equaled or exceeded in any given
year. Base flood elevation is also known as the one hundred-year flood elevation.
Bed and Breakfast Facility
An owner-occupied house, or portion thereof, where short-termlodging and meals are provided for
compensation.
Best Management Practices (BMPs1
A practice or combination of practices based on research field-testing and expert review determined
to be the most effective and practicable on-location means including economic and technological
considerations, for improving water quality 'conserving water supplies preventing_pollution and
protecting natural resources.
Bicycle Lane
A portion of a roadway which may be designated by striping, signing, and pavement markings for the
preferential or exclusive use of bicyclists.
Bicycle Path
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A bicycle facility which is physically separated from motorized vehicular traffic by an open space or
barrier and which is either within the highway right-of-way or within an independent right-of-way.
Conflicts with motorized traffic are minimized.
Bicycle Parking Facility
A portion of either the vehicle accommodation area or another area designed exclusively for parking
bicycles, where the user can lock the frame and both wheels to a stationary object using a lock
provided by the user.
Boarding House
(See Rooming House.)
Boat Dock
Any structure to which a vessel can be moored and that affords access to a vessel on or over
submerged lands (all those lands lying waterward of the mean high water level) from the adjacent
upland property. The term boat dock is synonymous with dock, pier, access pier, terminal platform,
mooring pilings, and boathouse, constructed alone or in any combination.
Boat Ramp
Any structure, clearing, or artificially stabilized area that extends to or waterward of the normal high
water elevation for the purpose of launching and/or retrieving motorized watercraft.
Building
A structure designed to be used as a place of occupancy, storage or shelter and includes any
substantial structure which by nature of its size, scale, dimensions, bulk or use tends to constitute a
visual obstruction or generate activity similarto that usually associated with a building. Without limiting
the generality of the foregoing, gas pumps and overhead canopies or roofs shall be deemed to fall
within this description.
Buildable Area
The portion of a lot remaining after required yards have been provided.
Building Height
The vertical distance between the average finished grade in front of the building and the top of the
ceiling plate on the top floor of the building.
Building, Principal
A building in which is conducted the main or principal use of the lot on which said building is located.
Camouflage (or Stealth) Communication Tower or Antennae
A communication tower or antennae designed to merge and blend into and conform to appearance with
existing surroundings. An example of a camouflage communication tower would be a tower that is
constructed in the formand shape of a tree in order to appear to be part of a forested area or a tower
constructed to appear to be or to actually be a component of a bell tower or to be constructed to be or
appear to be a component of a church steeple in order for the tower to be or appear to be part of these
more aesthetically pleasing structures. An example of a camouflage antenna would be an antenna with
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a color or appearance similar to a wall of a building or structure on which it is to be affixed, or an
antenna located inside or on top of an existing structure such as an existing church steeple or an
existing light pole.
Campaign Sign
A temporary sign which concerns an election.
Canoe Launch
Any structure, clearing, or artificially stabilized area that extends to or waterward of the normal high
water elevation for the purpose of launching and/or retrieving canoes, rafts, or other non-motorized
watercraft.
Changeable Copy Sign
A sign that is designed so that characters, letters or illustrations can be changed or rearranged without
altering the face or the surface of the sign.
Change in Use
A change in use from one (1) principal use category to another that increases the density/ intensity to
such an extent that the impacts of development are increased.
Circulation Area
That portion of the vehicle accommodation area used for access to parking or loading areas or other
facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles)
comprise the circulation area.
Commercial Subdivisions
Comprised primarily of commercial lots within areas zoned commercial or office. Streets within
commercial subdivisions are typically classified as commercial.
Communication Antennae
One (1) that is designed to transmit or receive communications as authorized by the Federal
Communications Commission.
Communication Tower
A building or ground mounted tower which is greater than thirty-five (35) feet in height, as measured
from the finished grade of the parcel, does not exceed three hundred (300) feet in height (including
antenna), and is principally intended to support communication (transmission or receiving) equipment
for radio, TV, microwave, cellular and similar communication purposes. The term communications
tower shall not include amateur radio operators' equipment licensed by Federal Communications
Commission (FCC). Communication towers are generally described as either monopole (free standing),
guyed (anchored with guy wires) or self supporting (square, triangular or pyramidal in plain view and
constructed of steel lattice, tubular steel, reinforced concrete or wood).
Comprehensive Plan
A currently effective plan of the City of Oviedo adopted and regularly amended in accordance with F.S.
Ch. 163 and Administrative Rule 9J-5.
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Continue in Good Faith
As used in the LDC, shall mean that the final development order has not expired and that no period of
more than six (6) months passes without permit activity. Permit activity shall include application and/or
approval of subsequent final development orders or other permits required for project completion.
Controlled Access Facility
As defined by Florida Statutes, a street or highway to which the right of access is highly regulated by
the governmental entity having jurisdiction over the facility in order to maximize the operational
efficiency and safety of the high-volume through traffic utilizing the facility. Owners or occupants of
abutting lands and other persons have a right of access to and from such facility at such points only
and in such manner as may be determined by the governmental entity. All state roads and/or divided
highways shall be controlled access facilities for the facilities for the purposes of the LDC.
Convenience Store (Type I}
A retail store usually containing less than two thousand (2,000) square feet of gross floor area that is
designed and stocked to sell primarily food, beverages, and other household supplies to customers
who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract a large
volume of stop-and-go traffic. "Jiffy," "7-11," and "Cumberland Farms" chains are examples of
convenience stores.
Convenience Store (Type II)
A retail store with gasoline sales containing less than two thousand (2,000) square feet of gross retail
floor area that is designed and stocked to sell primarily food, beverages and other household supplies
to customers who purchase relatively few items. It is designed to attract a high volume of stop-and-go
traffic. Car wash facilities may be an accessory use, provided design, location and buffering criteria are
met.
Day Care Center
Any child care arrangement that provides day care on a regular basis for five (5) or more children under
the age of six (6) years. Certification by the Florida Department of Health and Rehabilitative Services is
required.
DBH:
Diameter at breast height. The average diameter of the trunk of a tree measured at four and one-half
(4,/z) feet above natural grade.
Density
The number of dwelling units per net buildable acre. Net buildable acres is defined as the number of
upland acres within the boundary of a development excluding acreage devoted to water of the state,
wetlands, and lakes. Thus, the maximum number of dwelling units that a development can
accommodate shall be calculated by multiplying the net buildable acreage by the residential density.
Department
The City of Oviedo Development Services Department or other department or agency as designated by
the City Manager.
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Developer
Any person or legal entity who is responsible for any undertaking that requires a development order.
Development
The carrying out of any building activity or operation, the making of any material change in the use or
appearance of any structure or land, or the subdividing of land.
(a) The following activities, operations or uses shall be taken for the purposes of this definition to
involve development; provided, however, that a reference to any specific activity, operation or
use is not intended to mean that the activity, operation or use, when part of other activities,
operations or uses is not intended to limit the generality of the first sentence of this definition:
(i) A reconstruction, alternation of the size, or material change in the external appearance
of a structure on land.
(ii) A change in the intensity of use of land such as, by way of example and not limitation,
an increase in the number of dwelling units in a structure or on land or material increase
in the number businesses, manufacturing establishments, offices, or dwelling units in a
structure or on land.
(iii} Alteration of a shore or bank of a body of water.
(iv) Commencement of excavation in nature of a borrow pit or similar activity on a parcel of
land.
(v) Demolition of a structure.
(vi) Clearing of land as an adjunct of construction.
vii) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(viii) All other activities, operations, or uses customarily associated with the above activities,
operations, or uses unless otherwise specified in the LDC.
(b) The following activities, operations or uses shall not betaken for the purpose of this definition
to involve development:
(i) Work by a highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land within the
boundaries of the right-of-way.
(ii) Work by any utility and other persons engaged in the distribution or transmission of gas,
electricity, wastewater, reclaimed water or potable water, for the purpose of inspecting,
repairing, renewing, constructing on established rights-of-way any sewers, mains, pipes,
cables, utility tunnels, power lines, towers, poles, tracks, or the like.
(iii) The lawful use of any land for the purpose of growing plants, crops, trees, and other
agricultural or forestry products; raising livestock; or for other agricultural purposes.
(iv) The improvement of land or the construction of a structure for a City public facility or
project; provided, however, that this provision shall not be interpreted as the City
asserting exemption from any Federal, State, or regional, or County permitting
requirement as may be applicable to a particular project.
Development Agreement
An enforceable agreement between the City and a developer including agreements adopted pursuant
to F.S. Ch. 163.3220, and an agreement or development order issued pursuant to F.S. Ch. 380.
Development Order
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An order granting, denying, or granting with conditions an application for approval of a development
project or activity.
Development Permit
A development permit is a document issued by the City which authorizes the actual commencement of
land alteration or building construction.
Directional Sign
A sign located on premises with exits, entrances, driveways or off street parking.
Discontinued Sign
(a) A sign face which no longer identifies an activity conducted on the premises where located, as
evidenced by, among other things, the existence or absence of a current occupational
license, utility service deposit or account, or use of the premises.
(b) A nonconforming sign structure which has not been used for at least six (6) months to support
a sign face which identifies an activity on the premises where located.
(c) Any previously permitted portable or temporary sign whose permitted time has expired.
Double-Faced Sign
A sign with two (2) faces which describe an internal angle between face planes extended of no more
than thirty (30) degrees.
Drainage Connection
Any structure, pipe, culvert, device, paved or unpaved area, swale, ditch, canal, or other feature
whether natural or created which is used or functions as a link or otherwise conveys stormwater runoff
or other surface water discharge.
Dripline
The ground area surrounding the trunk of a tree that is described by the vertical plane enclosing the
outermost branches of the tree. For asymmetrical specimens, or those with unusually small crown
spread, the dripline area shall in no case be less than that area described by a radial dimension of one
(1) foot for each one (1) inch of trunk radius.
Drive-In Restaurant or Refreshment Stand
Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in
automobiles, including those establishments where customers may serve themselves and may eat or
drink the food, refreshments, or beverages on the premises. Drive-in restaurants and refreshment
stands shall not mean or include pick-up windows as defined by this Code, and said definitions shall be
mutually exclusive.
Driveway
That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by
an area that is not part of the vehicle accommodation area.
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Drought Tolerant Landscaping
Plants, once established that survive on naturaF rainfall with. occasional irrigation during dry periods
Dwelling:
(a) Single-Family.
A detached residential dwelling unit other than a mobile home, designed for and occupied by
one (1) family only which includes a kitchen and permanent facilities for living, sleeping, and
sanitation.
(b) Duplex.
A detached residential building containing two (2) dwelling units, designed for occupancy by
not more than two (2) families, containing either a common wall or ceiling/ floor.
(c) Townhouse.
A residential building designed for or occupied by three (3) or more dwellings that share
common vertical walls.
(d) Multiple-Family.
Multiple dwelling units which are located in a single building, in which the entrances to
individual units may be above the first floor, including but not limited to garden apartments,
residential towers, and multiple upper-story residences which are located in mixed-use
buildings.
Dwelling Unit
A building consisting of one (1) room, or rooms connected together constituting a separate,
independent housekeeping establishment. Said enclosure shall contain independent sleeping, kitchen
and bathroom facilities designed for and used, or held ready for use, as a permanent residence by one
(1) family.
Easement
Any strip or parcel of land dedicated for public or other private utilities, drainage, sanitation or other
specified uses having limitations. The title shall remain in the name of the property owner, subject to the
right of use designated in the reservation of the servitude.
Econlockhatchee River Basin Affected Area
The area over which this section shall be applicable shall be that portion of the Econlockhatchee River
Basin within the boundaries of Oviedo, Florida. For the purposes of this section, the "Econlockhatchee
River Basin" shall mean and be referred to as those lands within Oviedo which are described in Exhibit
"A". The determination as to whether a development project is within the Econlockhatchee River Basin
shall be made pursuant to the Land Development Code. All property that is within the Econlockhatchee
River Basin, but is not within the "Econlockhatchee River Corridor Protection Zone", but shall not be
subject to the provisions of this overlay zoning classification relating to properties located within the
Econlockhatchee River Corridor Protection Zone which provisions shall only apply to properties located
within said zone. The Land Development Code shall not be construed to prohibit the transfer of density
credits to properties located outside the Econlockhatchee River Basin when such properties are
physically contiguous to property located in the Basin, are in common ownership with property located
within the Basin and together formed a single parcel of record as of the effective date of this section.
Econlockhatchee River Basin Rare Upland Habitats
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Those vegetative communities identified by the City as scrub, Longleaf Pine -Xeric Oak, Sand Pine
Scrub, Xeric Oak and Live Oak Hammock. Those vegetative communities are defined in the Florida
Land Use Cover and Forms Classification System which is published by the Florida Department of
Transportation and is attached hereto as Exhibit "B" which is incorporated herein by this reference
thereto as if fully set forth herein verbatim.
Econlockhatchee River Corridor Protection Zone
The "Econlockhatchee River Corridor Protection Zone" is hereby established which includes the
following areas:
(a) The main channels of the Big Econlockhatchee River and its tributaries as graphically
depicted on or listed in Exhibit "A";
(b) All property located within the first one thousand one hundred (1,100) feet landward as
measured from the stream's edge of the main channels of the Big Econlockhatchee River and
Little Econlockhatchee River;
(c) All property located within the first five hundred fifty (550) feet landward as measured from the
stream's edge of the tributaries of the Big Econlockhatchee River;
(d) Notwithstanding the above physical descriptions of the Econlockhatchee River Corridor
Protection Zone, the Zone shall extend to and contain at least fifty (50) feet of uplands
property which is landward of the landward edge of the wetlands abutting the main channels
of the Big Econlockhatchee River and its tributaries;
(e) Provided, however, that only property located within the Econlockhatchee River Basin shall be
deemed to be located within the Econlockhatchee River Corridor Protection Zone.
Econlockhatchee River Stream's Edge
The waterward extent of the forested wetlands abutting the Big Econlockhatchee River or its tributaries.
In the absence of forested wetlands abutting the Big Econlockhatchee River or its tributaries, the
stream's edge means the mean annual surface water elevation of the stream; provided, however, that if
hydrologic records upon which the City can rely upon are not available, the landward extent of the
herbaceous emergent wetland vegetation growing in the Big Econlockhatchee River or its tributaries
shall be considered to be the stream's edge.
Emitter
A device tha# applies irrigation water .Theis term is primarily used to refer to the }ow flow rate devices
used ~n micro-irrigation systems.
Facade, Primary
The side of a building that faces a public right-of-way or has the primary entrance.
Facade, Secondary
The side of a building that is not a primary facade and either is visible from a public right-of-way or has
a secondary or tertiary entrance.
Fascia Sign
A sign located on the fascia of a roof or canopy, or affixed to the front plane of a mansard roof that is a
maximum of thirty (30) degrees from vertical, including signs that extend the plane of the structural
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fascia such that the vertical dimension of the sign is no more than one-third (,/s) the distance from the
average grade elevation to the bottom of the fascia, and no lateral supports are used.
Family
One (1) or more persons related by blood, marriage, or adoption, exclusive of family servants,
occupying a single dwelling unit, and living as a single household unit as distinguished from a group
occupying a boarding house, lodging house, hotel or motel, or fraternity or sorority. A number of
persons, not exceeding three (3), occupying a dwelling and living as a single household unit, though
not related by blood, marriage or adoption, shall be deemed to constitute a family.
Fenestration
Doors, windows, and other openings in a building exterior facade for the intended purpose of letting
light and air into a building's interior.
Floodplain
Any land area susceptible to being inundated by water from the one hundred-year flood. As used in this
LDC, the term refers to lands lying within the flood hazard areas delineated on Federal Emergency
Management Agency, Federal Insurance Administration (FEMA/FIA) Flood Insurance Rate Maps and
Floodway and Flood Boundary Maps. Flood plain areas are also designated in the Comprehensive
Plan. If the FEMA/FIA maps are over five (5) years old and significant development has occurred in the
watershed area, actual field conditions will be surveyed by the Applicant. Findings of the survey shall be
provided to the FEMA for use in updating their maps. The "floodplain" designation shall be removed for
floodplain areas that have been altered in accordance with this LDC or other sections of the Land
Development Code so that the elevation no longer falls within the floodplain.
Floodway
The channel of a river or another watercourse and the adjacent land areas that must be traversed in
order to discharge the one hundred-year flood.
Floor Area, Gross
The total number of square feet of floor area in a
between the exterior faces of walls.
building determined by horizontal measurements
Floor Area Ratio (FAR)
The total area of all floors of a building intended for occupancy or storage divided by the total site area.
Floor area ratio applies to non-residential uses.
Fraternity or Sorority House
A dwelling or combination of dwellings on a single lot occupied and maintained exclusively for college,
university or professional school students who are affiliated with a social, honorary or professional
organization recognized by the college, university or professional school.
Freestanding Sign
Any sign supported by uprights or braces placed upon, or in, or supported by the ground, a fence, or
non-structural wall.
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Front Foot, Property
Each foot, or portion thereof, measured along the public right-of-way where the subject property abuts
said right-of-way.
Front Foot, Building
Each foot, or portion thereof, of a building measured along the side of the building which faces the
primary frontage. Where buildings form an "L" or "U", all main entry sides are measured.
Garage, Mechanical
A building or portion thereof, other than a private garage or service station, designed or used for
repairing.
Garage, Private
An accessory building or an accessory portion of the principal building designed or used for inside
parking of motor vehicles owned by the occupants of the building to which it is accessory.
Glare
The sensation produced by luminance within the visual field that is sufficiently greater than the
luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance
or visibility. The two (2) types of glare are as follows:
(a) Disability Glare.
Glare that reduces the ability to see or identify objects.
(b) Discomfort Glare.
Glare that produces ocular discomfort, but does not reduce the ability to see.
Group Home
A dwelling which provides basic area and supervision to four (4) or more persons not related to the
owner or operator of the dwelling; the owner or operator of which is licensed and approved by the
Florida State Department of Children and Families (DCF}.
Guest Cottage (or "Mother-in-Law Suite")
A detached building or an attached suite located on the same premises of the main residential building,
intended for intermittent or temporary occupancy by a nonpaying guest or permanent occupancy by a
non-paying family member. The main residential building must have a Certificate of Occupancy before
a guest cottage may be approved.
Habitable Space
A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets,
halls, screen enclosures, storage or utility space, and similar areas are not considered habitable space.
Height of Sign
The distance between the top of a sign and the average grade elevation below it.
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Home Occupation
Any business ornon-residential activity that is conducted or petitioned to be conducted, in whole or in
part, from property that is zoned for residential use.
Hotel
(See Motel.)
Household Unit, Single
In determining whether or not a group of unrelated individuals is a" single household unit " as
referenced in the definition of "family", the following criteria must be present:
(a) The occupants must share the entire dwelling unit. A unit in which the various occupants act
as separate roomers can not be deemed to be occupied by a "single household unit."
(b) The family must have stability with respect to the purpose of single-family residential zoning
districts. Evidence of such stability may include the following:
(i) The presence of minor dependent children regularly residing in the family.
(ii) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other
family expenses and sharing in the preparation, storage and consumption of food.
(iii) Whether or not different members of the family have the same address for the purpose
of:
1. Voter registration.
2. Driver's license.
3. Motor vehicle registration.
4. Summer or other residences.
5. Filing of taxes.
6. Delivery of mail.
(iv) Common ownership of furniture and appliances among the members of the household.
(v) Enrollment of dependent children in local schools.
(vi) Employment of household members in the local area.
(vii) A showing that the group has been living together as a unit for a year or more,
whether in the current dwelling unit or other dwelling units.
(viii) Residence is licensed and approved by the Florida State HRS as an adult congregate
living facility, community residential home, or foster care facility.
(ix) With exception to [h], the household functions on a nonprofit basis.
(x) Any other factor reasonably related to whether or not the group or persons is the
functional equivalent of a family.
Illuminated Sign
A sign that uses artificial light, either internal or external to the sign faces.
Improvements
Street pavement, curbs, and gutters, sidewalks, water mains, sanitary sewers, storm sewers or drains,
street names, signs, landscaping, permanent reference monuments, permanent control points and any
other construction required by the City.
Indirect Lighting
Artificial lighting located external to the sign face.
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E .,
Industrial Subdivisions
Comprised primarily of industrial lots within areas zoned industrial. Streets within industrial subdivisions
are typically classified as commercial.
Irrigation System
Application of water by artificial means that is means other than natural precipitation A permanent
waterin s stem desi ned to trans ort and distribute water to lants as a su lement to natural rainfall.
Irrigation Zone
A control valve circuit containing emitters sprays and/or rotors with consistent application rates
Joint Use Connection
A single connection point that serves as a connection to more than one (1) property or development,
including those indifferent ownerships or in which access rights are provided in the legal descriptions.
Kennel
A place where dogs and other small animals and
groomed for compensation.
house pets are kept, sheltered, boarded, bred, or
Land Use Administrator
The City Manager or designee.
Landscaped Area
The entire parcel less the building footprint driveways hardscapes such as decks and patios and
non-porous areas. Water .features are inciuded in the calculafron of the landscaped area This
landscaped area includes Xeriscape as defined in Chapter 373 185(1 (b) F S
Landsca a Plant Zone:
An area with a grouping of plants with similar water and agricultural (sunlight sort etc) needs Plant
groupings based on water use are-low medium and high
Livestock
All animals of the equine, bovine, or swine class
horses, hogs, cattle and other grazing animals.
including, but not limited to goats, sheep, mules,
Loading Space, Off-Street
Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. Required off-street loading space is not to be included asoff-street parking space in computation
of required off-street parking.
Lot
For purposes of the LDC, a lot is 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
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herein required. Such lot shall have frontage on an improved public street, or on an approved private
street, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record, of complete lots of record and portions of lots of
record, or of portions of lots of record;
(d) 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 ordinance.
Lot Boundary Line
Lot boundaries other than those that abut streets.
Lot Frontage
The front of a lot shall be construed to be the portion nearest the street. For the purposes of
determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street
shall be considered frontage, and yards shall be provided as indicated under "yard" in this section.
Lot Measurements
(a) Depth of a lot shall be considered to be the distance between the midpoints of straight lines
connecting the foremost points of the side lot lines in front and the rearmost points of the side
lot lines in the rear.
(b) Width of a lot shall be considered to be the distance between the side lot lines measured at
the front building line and parallel to the front lot line.
Lot of Record
A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel
described by metes and bounds, the description of which has been so recorded.
Lot Types
The following types of lots are defined to clarify terminology used later in the LDC:
(a) Corner Lot.
A lot at the intersection of two (2) or more streets or along a single street that forms its own
corner and provides frontage along two (2) sides of the same lot. 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
one hundred thirty-five (135) degrees.
(b) Interior Lot.
A lot other than a corner lot with only one (1) frontage on a street.
(c) Through Lot.
A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting
two (2) streets may be referred to as double frontage lots.
(d) Reversed Frontage.
A lot on which the frontage is at right angles or approximately right angles (interior angle less
than one hundred thirty-five (135) degrees} to the general pattern in the area. A reversed
frontage lot may also be a corner lot, an interior lot, or a through lot.
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Massing
The overall bulk, size, physical volume or magnitude of a structure or project.
Micro-Irrigation
The frequent application of small quantities of water directly on or below the soil surface. An irrigation
system with a maximum flow rate per emitter of 30 gallons per hour or less.
Mobile Home
A dwelling unit that: (i) is not constructed in accordance with the standards set forth in the Standard
Building Code, and (ii) is composed of one (1) or more components, each of which was substantially
assembled in a manufacturing plant and designed to be transported to the home site on its own
chassis, and (iii) exceeds forty (40) feet in length and eight (8) feet in width. A travel trailer is not a
mobile home.
(a) Mobile Home Class A.
A mobile home constructed after July 1, 1976, that meets or exceeds the construction
standards promulgated by the U.S. Department of Housing and Urban Developmentthatwere
in effect at the time of construction and that satisfies each of the following additional criteria:
(i) The home has a length not exceeding four (4) times its width;
(ii) The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5)
feet of horizontal run, and the roof is finished with a type of shingle that is commonly
used in standard residential construction;
(iii} The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted,
but in no case exceeding the reflectivity of gloss white paint) comparable in
composition, appearance, and durability to the exterior siding commonly used in
standard residential construction;
(iv) A continuous, permanent masonry, foundation, unpierced except for required ventilation
and access, is installed under the home; and
(v) The tongue, axles, transporting lights, and removable towing apparatus are removed
after placement on the lot and before occupancy.
(b) Mobile Home, Class B.
A mobile home constructed after July 1, 1976, that meets or exceeds the construction
standards promulgated by the U.S. Department of Housing and Urban Development that were
in effect at the time of construction but that does not satisfy the criteria necessary to qualify
the house as a Class A mobile home.
(c) Mobile Home, Class C.
Any mobile home that does not meet the definitional criteria of a Class A or Class B mobile
home.
(d) Mobile Home Park.
A residential use in which more than one (1) mobile home is located on a single lot.
Modular or Manufactured Home
A dwelling unit constructed in accordance with the standards set forth in the Standard Building Code
and composed of components substantially assembled in a manufacturing plant and transported to the
building site for final assembly on a permanent foundation. Among other possibilities, a modular home
may consist of two (2) sections transported to the site in a manner similar to a mobile home (except that
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the modular home meets the Standard Building Code) or a series of panels or room sections
transported on a truck erected or joined together on the site.
Motel
A building or a group of buildings containing sleeping accommodations or efficiency units in which
transient guests are lodged on a short-term basis. (For the purposes of this ordinance, hotel and motel
shall have the same meaning.)
Mulch
Non living organic or synthetic materials custornari{y used in landscape design to retard erosion and
maintain moisture.
Multiple Frontage Property
A lot or parcel that is contiguous to more than one (1) public right-of-way, being either a corner lot or a
through lot.
Multi-Use Complex
Any development of two (2) or more occupancies that are under common land ownership or that share
common property frontage.
Non-Conforming
(a) Lot.
A lot existing at the effective date of this Code (and not created for the purposes of evading
the restrictions of this Code) that does not meet the minimum area requirement of the district
in which the lot is located.
(b) Structure.
Existing improvements which do not meet required parking and loading regulations, height
regulations, area regulations, etc. for the district in which they are located.
(c) Use.
Any building or land lawfully occupied by a use at the time of adoption of this Code that does
not conform with the use regulations of the district in which it is situated.
(d) Sign.
A sign lawfully existing in the City before the adoption of this sign code that does not conform
to the requirements of this sign code. A sign not lawfully existing prior to the adoption of this
sign code shall not be considered anon- conforming sign.
Nursing Home
A home for the aged, chronically ill, or incurable persons in which three (3) 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, Business
An office for activities such as real estate, advertising, insurance, travel agency, ticket sales, abstract
and title companies, insurance, etc. Retail or wholesale goods are not shown to or delivered from the
premises to a customer. A beauty or barber shop is not a business office.
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Office, Professional
An office for the use of architects, engineers, attorneys, accountants, physicians, lawyers, dentists, etc.
Professional offices generally offer consultant services.
Office of Convenience
An office use where the owner conducts no business other than by Internet, phone or mail; where no
persons are employed except for members of the family residing on the premises; and where the office
space/home area is used only for the purpose of sending and receiving communications and deliveries,
maintaining records, and other similar functions.
Off-Site Sign
A sign which identifies an activity that is not conducted on the premises or which identifies products or
services which are not available on the premises where such sign is located.
Off-Street Parking
A lot or parcel of land or structure designed, constructed, or utilized for the temporary storage or
parking of motor vehicles. Required off-street parking shall be so designed, maintained, and regulated
that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley.
On-Site Sign
A sign that (1) identifies an activity conducted or products or services available on the premises where
the sign is located, (2) displays a noncommercial message, or (3) displays any combination of the first
two (2).
Open Space
Any portion of a parcel, or area of land or water, which is open and unobstructed from the ground to the
sky, including areas maintained in a natural and undisturbed character and areas which are permeable
in nature. Open space shall not include areas covered with buildings, sidewalks, pools, decks or patios,
parking areas, drives or other paved areas.
Pervious Paving Materials
A porous asphaltic, concrete or other surface and-a high void aggregate base which allows for rapid
infiltration and temporary storage of rain on, or runoff de{ivered to, paved surfaces.
Parasite Sign
Any sign for which no permit has been issued, and which is attached to another sign.
Parking Area Aisles
That portion of the vehicle accommodation area consisting of lanes providing access to parking
spaces.
Parking Space
A portion of the vehicle accommodation area or bicycle parking facility set for the parking of one (1)
vehicle or one (1) bicycle.
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PCP (Permanent Control Point)
A secondary, horizontal- control monument, in accordance with F.S. Ch. 177.
Personal Service
An establishment that primarily provides services generally involving the care of a person or his or her
apparel, such as barber shops, beauty salons, seamstress shops, shoe repair shops, dry cleaning and
laundry pickup facilities, coin-operated laundries, and tuxedo or costume rentals.
Pick-Up Windows
A window within a principal use used for the sale and dispensing of food, refreshments, and/or
beverages to persons, who have placed an order for food, refreshments, or beverages from a location
other than the establishment or premises where the food is prepared. Pick-up windows shall not mean
or include drive-in restaurants and refreshment stands as defined by this Code, and said definitions
shall be mutually exclusive.
Plant Bed
A grouping of trees shrubs, ground covers, perennials, or annuals growing together in a defined area
devoid of turf/turfgrass, normally using mulch around the plants.
Plat
A map or delineated representation of the subdivision of lands; a complete exact representation of the
subdivision and other information in compliance with all applicable statutes and regulations.
Portable Sign
A sign that has no permanent attachment to a building or to the ground by means of a footing, including
but not limited to an A-frame sign, sign with wheels, pull attachments, or hot air or gas filled balloons.
Potable Water
Water which is satisfactory for drinking, culinary, and domestic purposes and which meets the quality
standards of the Florida Department of Environmental Regulations
Premises
The lot or lots, plots, portions or parcels of land considered as a unit for a single development or
activity.
Primary Frontage
The public right-of-way which is identified as the address of the premises.
PRM
Permanent Reference Monument provided in accordance with F.S. Ch. 177.
Projecting Sign
A sign supported by a wall of a building projecting from that wall twelve (12) inches or more, and
designed with a face or faces reading at an angle to that wall.
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Protected Well field
Those well fields with a permitted capacity of one hundred thousand (100,000) GPD or more.
Real Estate Sign
A temporary sign on premises offered for sale or rent.
Recreation
(a) Active Recreation.
Recreational uses, areas, and activities oriented toward potential competition and involving
special equipment. Playgrounds, sports fields and courts, swimming pools, golf courses are
examples of active recreation uses.
(b) Passive Recreation.
Recreational uses, areas or activities oriented to noncompetitive activities that either require
no special equipment or are natural areas. Bird watching, bicycle riding, and nature walks are
examples of passive recreational activities.
Record Drawing
A set of approved plans and specifications which identify, at a minimum, substantial deviations
referenced in the certification of completion of construction that have occurred since the permit was
issued.
Refuse/Recycling Collection Container
Any detachable receptacle for the collection of refuse/recyclables that is two (2) cubic yards or larger
and is designated or intended for mechanical pick-up.
Residential Subdivisions
Comprised primarily of residential lots within areas zoned residential. Streets within residential
subdivisions are typically classified as either local or collector.
Right-of-Way
Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, access or other
purpose by the public, certain designated parties, or governing body. "Right-of-way" shall exclude
easements.
Roof Sign
A sign painted on or affixed to the roof of a building and primarily supported by that roof structure,
except fascia signs as defined in this code.
Roomer
An occupant who has use of a dwelling unit without actual or exclusive possession or ownership of that
residence.
Rooming House
A residential use consisting of at least one (1) dwelling unit together with one (1) or more rooms that
are rented or intended to be rented to more than one (1) family, but which rooms, individually or
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DRAFT # 7 - ~F- AUGUST 31; 2007
collectively, do not constitute separate dwelling units. A boarding house or rooming house is designed
to be occupied by longer term residents (month to month) as opposed to overnight or weekly guests.
Runoff
Water from precipitation or irrigation thafflows over the ground surface and is not absorbed into the
ground instead flowinq into streams or other surface waters or land depressions.
Screen Enclosure
A building or part thereof, in whole or in part self-supporting, and having walls of insect screening with
or without removable vinyl or acrylic wind break panels and a roof of insect screening, plastic, aluminum
or similar lightweight material.
Septic Tank
An individual sewage disposal system approved by the County Health Department and serving only
one (1) lot.
Service Station
Any building structure or land used for the dispensing, sale or offering for sale at retail any automobile
fuels, oils, or accessories. General automotive servicing, as distinguished from automotive repair, may
also be performed.
Shopping Center
Any commercial building or development occupied by two (2) or more tenants on one (1) premises.
This termshall also include commercial developments approved for any planned unit development
zoning district.
Short-Term Residential Rentals
Rental of residential units for a time period no more than six (6) months.
Sidewalk
That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property
lines, intended for use by pedestrians.
Sight Distance Triangle
The triangular area required on any intersection corner to permit a vehicle operator an unobstructed
view of the crossing roadway for a minimum sight distance in either direction.
Sign
A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify announce,
direct, or inform that is visible from a public right-of-way. When not modified by the terms "structure" or
"face", the term "sign" shall include all parts of the sign and its supporting structure.
Sign, Area of
The total surface of a sign including the background and frame, but not structural supporting elements
outside of its frame. Where a sign is composed of skeleton letters, characters, or symbols applied to a
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DRAFT # 7 - GF- AUGUST 31, 2007
background which is not a structural part of the sign, the area of the sign shall be the smallest
rectangle, triangle, or circle which will include the display. Where a sign is built with two (2) faces back
to back, the area of the sign shall be the larger of the areas of the two (2) faces computed as herein
before specified.
Sign Background
Area behind the lettering on a freestanding orwall sign. The sign background is that portion of the sign
surface or building facade which is reasonably coterminous with the area of the sign. Color, texture
and/or materials used on the sign background, if different from the color, texture and/or materials used
on the building exterior shall be limited to the sign area and shall not extend across all or part of the
building or canopy. See illustration XIX-1
Illustration X~EXVIII-1
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1i x
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n ~ ~~ V ~ ILf ~ 4
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XfXXVIII- 1a permitted Sign Background
Sign Face
The plane area which is defined as sign area.
Y n L ~
{I 4
l ~ ~ +~/~`
~/ j J f .~. ~J~ /I~+ ~~ ~~~
i
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~'
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4
XVIII -1 b Prohibited Sign Background
Sign Structure
The uprights, supports, braces and framework supporting a sign.
Site Plan
An illustration of the details of development of areas such as commercial, industrial, recreational,
multifamily residential and other uses not being platted.
Special Exception Use Order
An order issued by the City Council after recommendation of PZA, which allows certain uses within a
zoning district that are not generally permissible throughout the district, but which if controlled as to
number, area, location, or relation to the neighborhood, could promote the public health, safety, and
welfare.
Spillover
The casting, reflecting or transmission of light or glare beyond the boundaries of the property.
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Sports Fields
Those areas used solely for the purpose of pla~nq sporting events L.q -soccer fields, softball or
baseball fields Only the surfaces used to engage in these activities fail under the category of "sports
fields".
Street
Any public thoroughfare, street, avenue, boulevard or space more than twenty (20) feet (six thousand
ninety-six (6,096) mm) wide which has been dedicated or deeded for vehicular use by the public and
which can be used for access by fire department vehicles.
Arterial: A street which provides the highest degree of mobility and largest proportion of total
travel. Arterial roadways have higher design standards than other roads. They often have multiple
lanes and some degree of access control.
Collector: A street which provides a mix of mobility and land access functions, linking major land
uses to each other and/or to arterial roadways. On-street parking in only allowed in cases where
there is additional right-of-way (ROW) and a safety problem will not be created. Access is
managed to minimize the number of driveways.
Commercial: A street located within a commercial or industrial subdivision that provides access
to the commercial or industrial property within that subdivision as its primary function. On-street
parking is generally not allowed. Access is managed to minimize the number of driveways.
Dead End: A street that terminates in a vehicular turnaround.
Local: A street with land access as its primary function. In general, on-street parking is allowed
and access is unlimited, subject to driveway spacing restrictions.
Structure
(1) Anything constructed or erected with a fixed location on the ground or attached to something having
a fixed location. Among other things, structures include buildings, boat docks, boat ramps, mobile
homes, walls, fences, etc. (2) W ith regards to floodways, any construction that diminishes the functional
floodway capacity as determined by FEMA.
Structure, temporary
Any structure serving a temporary use, such as a field or sales office, contractor's office, etc.
Subdivision
The division of a parcel of land, whether improved or unimproved into two (2) or more lots or parcels of
land for the purpose of sale or building development (whether immediate or future) and including all
divisions of land involving the dedication of a new street or a change in existing streets. The City may
grant a waiver to the platting requirements for subdivisions with three (3) lots or less.
Substantial Improvement
Any repair, reconstruction, or improvement of a building, (for any building constructed prior to the
effective date of this LDC) the cost of which either equals or exceeds fifty (50) percent of the market
value of the structure either (1) before the improvement or repair is started or (2) if the structure has
been damaged and is being restored, before the damage occurred.
Sunroom
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A one-story structure added to an existing dwelling with an open or glazed area in excess of forty (40)
percent of the gross area of the sunroom structure's exterior walls and roof. For the purposes of this
LDC, the term sunroom as used herein shall include conservatories, sunspaces, solariums, and porch
or patio covers or enclosures.
Temporary Connection
A permitted connection for a specific property that is conditioned to be open for a specific purpose and
traffic volume for a specific period of time with the right-of-way to be restored by the applicant to its
original condition upon connection closure.
Temporary Sign
A sign used for a temporary period of time.
Travel Trailer
A structure that is intended to be transported over streets and highways and is designed as a
temporary dwelling for travel and recreational purposes. A travel trailer is not a mobile home.
Tree
Any living, self-supporting, perennial plant which has at least twelve-inch D.B.H. and normally grows to
a minimum overall height of fifteen (15) feet.
Turf /Turfgrass
A surface layer of earth containing a dense growth of grass and its roots.
Under-Canopy Sign
A sign painted on or attached to the underside of a canopy or marquee.
Use
The activity or function that actually takes place or is intended to take place on a lot.
Useable Open Space
An area that:
(a) Is not encumbered with any substantial structure,
(b) Is not devoted to use as a roadway, parking area, or sidewalk,
(c) Is left (as of the date development began) in its natural or undisturbed state if wooded, except
for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is
landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and
landscaped with the objective of creating a wooded area or other area that is consistent with
the objective set forth in the Subdivision (4).
(d) Is capable of being used and enjoyed for purposes of informal and unstructured recreation
and relaxation, and
(e) Is legally and practicably accessible to the residents of the development out of which the
required open space is taken, or to the public if dedication of the open space is required.
(fl Consists of land no more than twenty-five (25) percent of which lies within a floodplain or
floodway.
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Utility Facility
Any above-ground structures or facilities (other than buildings, unless such buildings are used as
storage incidental to the operation of such structures or facilities) owned by a governmental entity, a
nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in
connection with the production, generation, transmission, delivery, collection or storage of water,
sewage, electricity, gas, oil, or electronic signals (except for communication towers).
Vehicle Accommodation Area
That portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading.
It comprises the total of circulation areas, and parking areas (spaces and aisles)
Wall Sign
A sign painted on or affixed to the structural wall of a building, with a sign face approximately parallel to
the wall perpendicular to the ground and projecting no more than twelve (12) inches from the wall. The
general term "wall sign" shall also include window signs and fascia signs.
Water Features
Features of a site that hold water includinq but not limited to natural features (lakes; wetlands, rivers,
creeks etc) or artificial features (retention ponds fountains, and canals.;.)
Water Use Zone
A distinct grouping of plants with similar water needs and climatic reguirernents._The water use zones
are as follows:
ja) Low Water Use Zone
Zones includinq plants which survive on natural rainfall without supplemental water.
(b) Medium Water use Zone
Zones includinq plants which survive on natural rainfall with. supplemental water during
seasonal dry periods.
(c) High Water Use Zone
Zones includinq plants which are associated with moist soils anal: require supplemental water
in addition to .natural rainfall to survive.
Wellhead Protection Zone
All land within a one thousand-foot radius of an existing or designated protected wellhead.
Wellhead Zone of Exclusion
All land within a two hundred-foot radius of an existing or designated protected wellhead.
Wetlands
Hydrologically sensitive areas which are identified by being inundated or saturated by surface or ground
water with a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetland Boundary
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That line or point where: (1) vegetative species shift from dominantly wetland to dominantly upland
species; (2) highly organic and muck soils change to sandy upland soils; and (3) flooding or inundation
condition indicators are no longer present.
Wetland Compatible Development Activities
Those activities which do not cause a diminishing of wetland functions.
Wetland Development Activity
Those activities for which compatibility rankings and performance standards have been developed:
(a) Boardwalks, docks and gazebos.
(b) Bulkheading (impounding, interrupting or diverting surface water).
(c) Clearing of vegetation (in conjunction with the construction of permitted structures).
(d) Cultivating naturally occurring agricultural and horticultural products.
(e) Discharge of domestic, agricultural, or industrial wastes (pursuant to DER permit or the
discharge of stormwater runoff waters from adjacent land).
(f) Drainage ditches.
(g) Dredging (other than mosquito control or "drainage ditches").
(h) Filling.
(i) Harvesting of timber and wood products.
(j) Hazardous material (storage, use, or disposal of any hazardous material).
(k) Landscaping and establishing planting.
(I) Restoration or expansion or modification of existing structures and improved areas.
(m)Septic tanks (installation of septic tanks).
(n) Solid waste disposal.
(o) stormwater retention/detention basins.
(p) Structure (construction of permitted structures).
(q) Utility installation.
Wetland Direct Hydrologic Connection
Connection to a wetland where a flow of surface water occurs on an average of thirty (30) or more
consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may
be used to establish a direct hydrologic connection.
Wetland Enhancement
The restoration of altered wetlands and the physical expansion of the size of wetlands.
Wetland Functions
The water quality enhancement, water quality management, climatic stability, wild life and
human use abilities of wetlands.
Wetland Mitigation/Compensation
Development activities which will result in greater wetland or environmental benefit than with the strict
application of performance standards.
Wetland Performance Standards
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Standards for actions taken to prevent or minimize adverse impacts on wetlands as a result of
development activities.
Wetland Significance
The degree to which wetlands functions are performed by a wetland.
Wholesale Sales
On-premises sale of goods primarily to customers engaged in the business of reselling the goods.
Window Sign
A permanent sign affixed to, suspended behind, or painted on either face of a window or glass door
that leads to the exterior of the building.
XeriscapeT"' or Florida Friendly Landscape
Quality landscapes that conserve water and protect the environment and are adaptable to Ioca1
conditions and which are drought tolerant The principles of XeriscapeT"' include planning and design,
appropriate choice of plants soil analysis which may include the use of solid waste compost, efficient
irrigation practical use of turf appropriate use of mulches, and proper maintenance (as provided for in
~ 166 048(1 }(b) and $ 373.185(1 j(b) Florida Statutes).
Yard
An open space on the same lot with a building, said space being unoccupied and unobstructed from
the ground upward, with the exception of trees and other vegetation. Fences, walls, children's play
equipment and other customary yard accessories may be permitted in rear and side yards and some
front yards subject to height, visibility limitations and other requirements of this Code.
(a) Front Yard.
A yard extending between side lot lines, parallel across the front of a lot adjoining a street. Incases of
through lots and corner lots, front yards shall be provided on all frontages. The minimum front building
setback distance shall be maintained at every point along the street.
(b) Rear Yard.
A yard extending across the rear of the lot between the side lot lines. In the case of through lots, there
will be no rear yard. The depth of the rear yard shall be measured at right angles to a straight line
joining the rearmost points of the side lot lines. The rearmost point of the side lot line in the case of
rounded or irregular property corners shall be assumed to be the point at which the side and rear lines
would have met without such rounding or irregularity.
(c) Side Yard.
A yard extending from the rear line of the required front yard to the front line of the rear yard, or in the
absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot
line involved with the public street. In the case of through lots, side yards will extend from the rear lines
of the required front yards. In the case of corner lots, there may be only one (1) side yard, and that yard
will be the yard(s) remaining after providing two (2) front yards and designating a rear yard.
(d) Minimum Yard.
In addition to other yard requirements, a minimum yard equal in depth to the established district building
setback shall be provided parallel to all property lines. Accessory uses may be allowed within the
minimum yard area in accordance with the Land Development Code.
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