§ 38-1257. Notification.

(a)

Subject to subsection (b) below, these notification criteria establish minimum requirements for providing notice to any person who is the first-time purchaser of a lot or single-family home in a PD project where the PD Land Use Plan includes a multi-family land use.

For purposes of these criteria, a "person" is defined to mean any natural person or legal entity other than a residential building contractor licensed in the State of Florida. Additionally, any reference to "lot" herein shall be deemed to mean a platted, single family lot with or without a dwelling unit constructed thereon.

(1)

The party responsible for providing notice is the party who conveys title to the lot/home to the first time purchaser. The notice shall be printed in all capital letters and in bold print and placed immediately above the signature line in the contract for the person contracting to purchase the lot/home. Such notice shall inform the reader that the PD approval includes multi-family land use, and that a copy of the PD Land Use Plan showing the location of the multi-family development is attached to the contract and can be reviewed at the Orange County Planning Division or Zoning Division. The party conveying the lot/home shall be responsible for attaching to the contract as an exhibit a copy of the current PD Land Use Plan for the PD project which clearly identifies the location of both the portion of the PD project where the lot is situated and the portion where the multi-family land use has been approved.

(2)

The party who prepares the declaration of covenants and restrictions for the entire PD project and for any single-family development located therein shall be responsible for including a provision stating that the PD approval includes multi-family land use.

(3)

A weather durable sign shall be posted as provided below stating that it is a multi-family site and indicating the total number of multi-family units proposed. Such a sign shall be at least sixteen (16) square feet in size setting forth the copy in capital letters and bold print. The sign shall be posted along the right-of-way frontage within a distance such that the copy is visible and clearly legible from the paved portion of the right-of-way. The sign shall be posted prior to the platting of any single family residential tracts within the PD project. The owner of the multi-family tract shall maintain the sign until the multi-family tract is developed. Another such sign meeting the foregoing criteria shall be posted along any common boundary between a multi-family tract and single family tract in a PD.

(4)

The up-to-date PD Land Use Plan shall also be conspicuously displayed at the sales center, if any.

(b)

The notice requirements of subsection (a) above apply only with respect to the following:

(1)

PD projects approved by Orange County after April 11, 2000; and

(2)

All platted single-family lots where a change determination or Land Use Plan amendment for multi-family use is approved for a PD project after April 11, 2000.

(c)

Substantial compliance with the notice requirements contained in subsection (a) above shall be deemed acceptable.

(d)

Orange County is not responsible or liable to any person for ensuring that parties responsible for satisfying these notice criteria substantially comply with these notice criteria.

(Ord. No. 2000-08, § 8, 4-11-00)