§ 38-1258. Multi-family development compatibility.

A multi-family development in a PD shall satisfy the following criteria for the benefit of any single-family zoned property located inside or outside the PD, except that, in the event of a conflict in height requirements between this section and any other section in Chapter 38, such other section shall control:

(a)

Multi-family buildings located within one hundred (100) feet of single-family zoned property, as measured from the property line of the proposed multi-family development to the nearest property line of the single-family zoned property, shall be restricted to single story in height.

(b)

Multi-family buildings located between one hundred plus (100+) feet to one hundred and fifty (150) feet of single-family zoned property shall vary in building height with a maximum of fifty (50) percent of the buildings being three (3) stories (not to exceed forty (40) feet) in height with the remaining buildings being one (1) story or two (2) stories in height.

(c)

Multi-family buildings located within one hundred and fifty (150) feet of single-family zoned property shall not exceed three (3) stories (forty (40) feet) in height, except as provided in (d) below.

(d)

Multi-family buildings in excess of three (3) stories or forty (40) feet in height may be permitted, subject to approval by the board of county commissioners ("BCC"). The application for these buildings shall include justification for the requested height. A compatibility plan shall be submitted for approval, which includes greater setbacks and increased buffers to protect adjacent properties.

(e)

Parking and other paved areas for multi-family development shall be located at least twenty-five (25) feet from any single-family zoned property. A twenty-five (25)-foot landscape buffer shall be provided consistent with Type C landscape buffer requirements, as set forth in Chapter 24 of the Orange County Code.

(f)

A six-foot high masonry, brick, or block wall shall be constructed whenever a multi-family development is located adjacent to single-family zoned property. The wall height shall be measured from the finished elevation of the side of the wall which is highest. However, if a right-of-way is located between the multi-family development and the single-family zoned property, such a wall is not required.

(g)

A multi-family development shall not directly access any right-of-way serving platted single-family residential development. Access to collector or arterial roads shall be permitted.

(h)

Active recreation areas shall be provided within a multi-family development to serve the needs of the residents of the multi-family buildings whenever single-family zoned property is located inside the PD or adjacent to the multi-family development. The recreation areas shall be provided at the ratio of two and one-half (2½) acres per one thousand (1,000) residents (calculated at a rate of two and one-half (2½) residents per unit). The recreation areas shall be located internally away from any single-family zoned property. The multi-family residential population shall not be included in the calculation for determining the recreation requirements for the balance of the PD.

(i)

A multi-family development located adjacent to a right-of-way shall be fenced (chain link fences shall not be permitted) and landscaped whenever single-family zoned property is located across the right-of-way.

(j)

Where doors, windows or other openings in the wall of a living unit back up to a wall of another building with doors, windows or other openings, there shall be a minimum separation of thirty (30) feet for two-story buildings, and forty (40) feet for buildings three (3) stories. Separations shall increase in proportion to additional structural height. There shall be a minimum of twenty (20) feet between all multifamily, office, commercial and industrial structures for fire protection purposes.

(Ord. No. 2000-08, § 8, 4-11-00; Ord. No. 2004-01, § 10, 2-10-04; Ord. No. 2008-06 , § 17, 5-13-08)