§ 38-3. General restrictions on land use.

(a)

Land use and/or building permits. No building or structure shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used or designed to be used for any purpose or in any manner other than a use designated in this chapter, or amendments thereto, as permitted in the district in which such land, building, structure or premises is located, without obtaining the necessary land use and/or building permits.

(b)

Height limitation. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit established in this chapter; or amendments thereto, for the district in which such building or structure is located.

(c)

Site and building requirements. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, in size or area, except in conformity with the site and building requirements, established by this chapter, or amendments thereto, for the district in which such building or structure is located.

(d)

Density limitation. No building, structure, or premises shall be erected, occupied or used so as to provide a greater density of population than is allowed under the terms of this chapter for the district in which such building, structure or premises is located.

(e)

Open space limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

(f)

Lot and occupancy requirements. Every building or structure hereafter erected shall be located on a lot or tract as defined herein, and in no case shall there be more than one (1) principal building or use on one (1) lot except as hereinafter provided.

(g)

Minimum lot size and setback requirements. Any single-family dwelling, regardless of the form of ownership of land (whether designated as a unit, parcel, lot, tract or other similar term) upon which the single-family dwelling is to be located, shall not be permitted unless the net lot area of the lot upon which it is to be located can comply with the minimum lot size required by the applicable zoning district and such dwelling can comply with setback requirements of the applicable zoning district. The applicable zoning district shall be the one in which the lot and the dwelling area are located. Reference to a deed, plat book, condominium plat or other similar document shall constitute the division of land from which the county shall discern the lot dimensions for determining minimum lot size and setback requirements. Any interest such lot may have in common areas shall not be counted towards meeting the minimum lot size.

(h)

Leasing of bedrooms. In a single-family dwelling, the leasing of bedrooms is prohibited unless the single-family dwelling is owner occupied.

(i)

Parking space requirements. No building or structure shall be erected, nor shall any existing building or structure be moved, reconditioned or structurally altered so as to encroach upon or reduce in any manner, in size or area, the parking space requirements, established by this chapter, or amendments thereto, for the district in which such building or structure is located.

(j)

Distance requirements. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to infringe upon any applicable distance requirements. An applicant seeking a permit shall be responsible for ensuring that all applicable distance requirements are met. Approval of a land use and/or building permit does not constitute, or in any way imply, a waiver of the applicant's obligations to meet all applicable distance requirements.

(k)

Applicable law and ordinances. Nothing in this chapter shall be construed to exempt any person from having to comply with all other applicable federal, state, or county laws or regulations.

(l)

Site plan. A fully dimensionalized site plan shall be required for any proposed (i) building, structure, sign or mobile home, (ii) accessory building or structure, or (iii) fence, boat dock, or boat ramp. The site plan shall show:

(1)

All property lines;

(2)

All road rights-of-way;

(3)

All easements;

(4)

The location of any existing and proposed building, structure, mobile home, accessory building or structure, or fence, boat dock, or boat ramp, including all dimensions to property lines and existing structures;

(5)

The location of the normal high water elevation (NHWE) contour of all adjacent natural surface water bodies;

(6)

The lot grading plan; and

(7)

The location of any septic tank and drain field.

The above-mentioned items shall be depicted on the site plan so that Orange County may determine whether the proposed improvements comply with zoning and land development regulations.

(m)

Site plan; special requirements.

(1)

A site plan for (A) a proposed building, structure and sign, (B) a mobile home (new or relocated), (C) a moved structure, (D) an addition to an existing building or structure, or (E) an accessory building or structure, shall be prepared by an architect, engineer, or surveyor or by a general, building, or residential contractor registered or certified with the State of Florida. Such plan shall comply with the requirements set forth in (l)(1) through (7) above. Additionally, should such plan not be prepared by a surveyor registered with the State of Florida, the plan shall contain a clear statement that it does not constitute a survey and the preparer shall sign and date the plan.

(2)

Notwithstanding subsection (m)(1) above, a site plan for a proposed addition to an existing building, structure, or mobile home may be prepared by the property owner, with the following conditions: (A) the plan must comply with the requirements set forth in the above (1) through (7); (B) the plan must be superimposed on a copy of a survey previously prepared by a registered surveyor that shows all existing improvements; and (C) the plan must contain a clear statement that it does not constitute a survey and the preparer shall sign and date the plan.

(3)

Notwithstanding subsection (m)(1) above, a site plan for a proposed (A) fence, boat ramp, or boat dock; (B) accessory building; (C) structure no larger than one hundred twenty (100) square feet; or (D) structure required to be removed within a certain time, may be prepared by the property owner and the plan must be superimposed on a copy of a survey previously prepared by a registered surveyor that shows all existing improvements; and (C) the plan must contain a clear statement that it does not constitute a survey and the preparer shall sign and date the plan.

(P & Z Res., art. III, § 4(a))

(Ord. No. 95-20, § 3, 7-25-95; Ord. No. 2000-08, § 3, 4-11-00; Ord. No. 2004-01, § 3, 2-10-04; Ord. No. 2016-19 , § 3, 9-13-16)